Terms of Use - Which Works Best?

WHICHWORKSBEST

Welcome to the WhichWorksBest toolkit. All users of this toolkit and all related products, documentation, websites and services (collectively, the “Service“), are subject to the following terms and conditions of use (these “Terms of Use“). Please read these Terms of Use carefully before accessing or using any part of the Service. By registering for, accessing or using the Service, you agree that you have read, understand, and agree to be bound by these Terms of Use, as amended from time to time, and agree to be bound by our Privacy Policy which is hereby incorporated into these Terms of Use. If you do not wish to agree to these Terms of Use and/or our Privacy Policy, do not access or use any part of the Service.

Company Service

The Service is provided to you for your own personal use. The Service provides software tools that enable you to 1) pick a schedule for treatments you have independently chosen, 2) to log those treatments and symptoms and 3) to apply standard statistical analyses to those logs. You understand and agree that the Service is not intended to, and does not, provide medical advice, diagnosis, treatment, or prescriptions, either through the website, the bot, or any other services. The Service should not be used in medical emergencies. The Service and its content and tools are not a substitute for professional medical advice, diagnosis, treatment or prescriptions. Please seek medical advice and treatment only from a healthcare provider. Never disregard professional medical advice or delay in seeking it because of information provided through or generated by use of the Service. You understand that the Services is for information purposes only; it is not medical advice. You assume full responsibility for the use of any information obtained through use of the Service. We have no responsibility to take any medically related action or provide medical advice in response to any information you provide through our Service.

1. Legal Agreement

The Service is supplied by Pressflex LLC, a Delaware corporation situated at Box 3472, Chapel Hill, NC, USA (“Company”). In these Terms, the words “Company,” “we”, “us” and “ours” refer to Pressflex. All references to Company include its subsidiaries or affiliates involved in providing the Service. Your use of the Service is subject to these Terms of Use, the WhichWorksBest Privacy Policy, and such other terms as you may agree to from time to time.

Company may change these Terms of Use at any time by posting the amended Terms of Use its website and/or and providing a notice to you through the Service at least thirty (30) days prior to the effective date. If you do not agree to the Terms of Use as amended, you must stop using the Service and cancel your account. Your continued use of the Service after the effective date for the amended Terms of Use will constitute your acceptance of the amended Terms of Use.

The Service is made available only for use in the United States and to individuals who are at least 18 years old. By registering for or using the Service, you warrant that you are at least 18 years old.

2. Your Account; Authorized Individuals

You must provide accurate and complete registration information when you register to use the Service. You are responsible for the security of your userid and/or passwords and for any use of your account using such userid or passwords. You agree to notify us promptly of any unauthorized access to or use of your account. Company reserves the right in its sole discretion to determine who may qualify for an account and reserves the right to reject or revoke any account at any time without liability. You agree to immediately notify Us in the event of any unauthorized use of or access to your account.

In order to use the Service, You will be required to provide us with information regarding or link your Company account to Your Facebook account and allow Us to access Your information on that account.

3. User Information

You may provide certain personally identifiable information (“Personal Information”) to Us directly including during the registration process and through use of the Service. When you provide Personal Information through the Service, you provide Us authorization to use it in connection with the Service. Company will use Personal Information only as permitted by our Privacy Policy, these Terms of Use, and applicable law. We are committed to protecting your Personal Information and employ a variety of security technologies and procedures to help protect your information from unauthorized access, use, and disclosure. You understand and agree that Company is not a healthcare provider or other “covered entity” for the purposes of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and that Personal Information provided by you to Company or through the Service will not be subject to HIPAA requirements or deemed Protected Health Information for such purposes. Because your your Personal Information may be transmitted through Facebook Messenger, your Personal Information will be subject to certain rights of Facebook and You should review their Privacy Policy and other policies with respect to their use of your Personal Information that may be provided through use of the Service.

You shall retain ownership of all information and data you provide to Company through the Service, including without limitation, any Personal Information and other text, graphics, audio, video, photographs and other materials you may store, post, distribute or provide through the Service (“User Content”). You are solely responsible for your User Content. You hereby grant to Company the right to use and access the User Content as necessary or appropriate for the provision of the Service, including the reproduction, display, modification and distribution of the User Content through the Service. You also agree that we may aggregate User Content and data with other data for use by the Company; provided that all such data is anonymized and no longer connected to your account. All rights in and to the aggregate data, or any analyses we may perform with such aggregate data, will be the Company’s property and may be published, used or otherwise commercialized, including to develop additional products or services, without further compensation to you. If you provide any feedback or suggestions regarding the Service, you agree that we may use such feedback and suggestions in any manner we deem appropriate without attribution or compensation to you.

4. Fees

During Company’s beta and evaluation period, Company may provide the Service to users free of charge. However, Company reserves the right to establish fees for your continued use of the Service at any time upon written or electronic notice. All new fees, if any, will be posted in appropriate locations on the Service. Company reserves the right to change its fees, if any, from time to time in its discretion. If Company establishes fees for use of the Service, you understand and agree that your access to and use of the Service may be terminated if you do not agree to pay such fees.

Regardless of whether Company provides the Service free of charge or in consideration for the payment of fees, you will be solely responsible for any internet and wireless access required to use the Service and for the cost of all carrier and data access charges imposed by your service provider.

5. Company Proprietary Rights

Company and its licensors own all proprietary rights to the Service and all content and technology related thereto, except for Personal Information. Company grants you a personal, revocable, non-assignable, and non-exclusive license to use the Service in accordance with these Terms of Use. You may use the Service solely for your own personal use and you shall not license, sublicense, copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the Service or any other proprietary content or material in the Service without the prior written consent of Company. You are not permitted to access or use the Service in order to monitor its availability, performance or functionality, for any benchmarking purposes or to build a competitive product or service. Except as expressly set forth herein, you have no right, title or license to any of Company’ or its licensors’ intellectual property.

6. Use of the Service; Restrictions

By registering for use of the Service, you agree that the Service may send you informational notices and messages via email, SMS/text messages, Facebook messages, and mobile push notifications. You understand that it is possible these communications could be intercepted or accessed without your authorization, and by using the Service, you release Us from any liability arising from or related to any such interception or unauthorized access.

Your use of the Service shall be solely for your use. You will comply with all applicable laws in connection with your use of the Service and with our community and conduct guidelines. Specifically you agree not to do any of the following: (a) upload to or transmit on the Service any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (b) use the Service to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (c) intercept or attempt to intercept electronic mail or messages not intended for you; (d) misrepresent an affiliation with any person or organization; (e) upload to or transmit on the Service any advertisements or solicitations of business; (f) restrict or inhibit use of the Service by others; (g) upload or otherwise transmit files that contain a virus or corrupted data; (h) collect information about others (including e-mail addresses or mobile numbers) without their consent; (i) access or attempt to access any account or other use information to which you do not have permission; (j) create, transmit, or display User Content or other health or other information that you do not own or do not have the right to use; (k) post or send “spam,” transmit chain letters or engage in other similar activities; (l) advocate illegal activity or discuss an intent to commit an illegal act; (m) disobey any policy or regulations, including any code of conduct or other guidelines, established from time to time regarding use of this Service or any networks connected to this Service; (n) upload to or transmit on the Service any hyperlinks to other sites that contain content that falls within the descriptions set forth in this Section; or, (o) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by Company, may harm Company or users of the Service or expose them to liability.

You further agree that you will not: (i) use any device, software or routine that interferes with the proper working of the Service, (ii) attempt to interfere with the proper working of the Service, or (iii) take any action that imposes an unreasonable or disproportionately large load on Company’ infrastructure.

7. Facebook Groups

As a user of the Service, you may be invited to join a Facebook group (“Group”). Your inclusion in a Group is at Company’s sole discretion and your participation is optional. You acknowledge that by providing you with the ability to participate in the Group and to provide User Content through such Group, we are acting as a passive conduit only and we are not undertaking any obligation or liability relating to any User Content or activity in any Group, nor do we endorse any such User Content or activity. We reserve the right to monitor some, all, or no areas of the Service and Group for adherence to these Terms and our community standards and conduct guidelines set forth above or elsewhere and to remove, without notice, any User Content for any reason, but you acknowledge that we have no obligation to review any User Content prior to posting or to delete User Content and you may be exposed to information or content that you may find objectionable or offensive. Pressflex disclaims any perceived or actual duty to monitor the Service or Group and disclaims any responsibility or liability for information provided there. Please bear in mind that although the Group is may be classified by Facebook as a private group, we do not control other users of the Service or Group. Once you have posted information on the Group or communicated with another user through the Group, we cannot control how such information may be used or further shared and we disclaim any liability associated with such use or disclosure. We do not endorse, recommend or guarantee any information, recommendations or other information that users may exchange through use of the Group. Use of the Group is subject to Facebook policies and terms.

8. Maintenance and Support

Company may make available to you from time to time at no additional charge, updates, revisions and new versions of the Service, and you agree to accept all such updates, revisions and versions. All updates, modification, revisions and new versions of the Service will be subject to these Terms. Company will provide reasonable telephone or email support for use of the Service and use reasonable efforts to maintain availability of the Service. You understand and agree that from time to time the Service may be unavailable due to maintenance or technical issues.

9. Modification and Termination

Company may place limits on, modify, suspend or terminate all or any portion of the Service at any time without prior notice. Additionally, notwithstanding the rights you may have to your Personal Information, Company may cancel your account and delete all data associated with your account at any time, and without notice, if we deem that you have violated the terms of this agreement. You are solely responsible for maintaining your own copies of any Personal Information or other data maintained within the Service or of any communications received through the Service. Company assumes no liability for any information removed from the Service. Company also has the right to maintain and/or destroy all data associated with your account in accordance with its then current document retention and destruction policies.

You also have the right to terminate your account. You may delete your account at any time by using the functions available through the Service. We will use reasonable efforts to delete or prevent access to your Personal Information and account data in accordance with our Privacy Policy.

10. Not Medical Advice

YOU ACKNOWLEDGE AND AGREE THAT NEITHER COMPANY NOR THE SERVICE OFFERS MEDICAL ADVICE. ANY CONTENT OR DATA ACCESSED THROUGH THE SERVICE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF HEALTH CARE PROVIDERS IN DIAGNOSING AND TREATING PATIENTS. COMPANY, ITS LICENSORS AND SERVICE PROVIDERS ARE NOT RESPONSIBLE FOR THE ACCURACY, TIMELINESS, ORCOMPLETENESS OF YOUR PERSONAL INFORMATION, OR FOR ANY RELIANCE BY YOU OR ANY MEDICAL PROFESSIONAL ON YOUR PERSONAL INFORMATION WITHIN THE SERVICE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER BEFORE FOLLOWING OR CHANGING ANY TREATMENT OR REGIMEN. ONLY YOUR DOCTOR CAN PROVIDE YOU WITH ADVICE ON WHAT IS SAFE, APPROPRIATE AND EFFECTIVE FOR YOU AND YOU SHOULD CONSULT YOUR DOCTOR FOR A THOROUGH UNDERSTANDING OF ANY TREATMENT’S ACTIONS, USES, SIDE EFFECTS AND/OR INTERACTION WITH OTHER DRUGS, SUPPLEMENTS OR TREATMENTS. IF YOU HAVE ANY QUESTIONS REGARDING YOUR HEALTH, MEDICAL CONDITION, TREATMENT, RECOVERY OR HEALTHCARE, PLEASE CONTACT YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER. DO NOT DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF CONTENT ON OR YOUR USE OF THE SERVICE. THE SERVICE AND CONTENT PROVIDED ON THE SERVICE SHOULD BE USED IN CONCERT WITH YOUR PHYSICIAN OR HEALTHCARE PROVIDER. USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK AND COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND THAT MAY RESULT FROM YOUR USE OF THE SERVICE OR RELIANCE ON ANY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE.

COMPANY DOES NOT ENDORSE, RECOMMEND OR SUGGEST THE USE OF SUPPLEMENTS, NONPHARMACEUTICAL TREATMENTS OR ALTERNATIVE MEDICAL TREATMENT GENERALLY OR ANY SPECIFIC SUPPLEMENT OR TREATMENT OR REGIMEN. YOU SHOULD CONSULT YOUR OWN PHYSICIAN OR OTHER HEALTHCARE PROVIDER BEFORE USING ANY SUPPLEMENT OR TREATMENT REGIMEN. DO NOT START OR CONTINUE ANY SUPPLEMENT OR OTHER REGIMEN IF YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDER ADVISES AGAINST IT.

YOU ARE SOLELY RESPONSIBLE FOR ANY DECISIONS MADE BASED ON YOUR USE OF THE SERVICES. COMPANY DOES NOT WARRANT THAT THE RESULTS OF THE SERVICE WILL BE ACCURATE, REPRODUCIBLE OR CORRECT FOR YOU.

11. Exclusion of Warranties

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY DOES NOT WARRANT THAT THE SERVICE WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR-FREE OR THAT THE SERVICE WILL BE TOTALLY SECURE. COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR THEFT OF PERSONAL INFORMATION OR DATA TO THE EXTENT SUCH INFORMATION OR DATA IS BEING TRANSMITTED OVER THE INTERNET OR OTHER MEDIUM BEYOND THE CONTROL OR JURISDICTION OF COMPANY. YOU UNDERSTAND THAT COMPANY WILL TRANSMIT, MONITOR, RETRIEVE, STORE, AND USE INFORMATION YOU SUBMIT IN CONNECTION WITH THE USE OF THE SERVICE. COMPANY CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR THE TRANSMISSION OF ANY INFORMATION YOU SUBMIT, OR ANY THIRD PARTIES’ USE OR MISUSE OF INFORMATION TRANSMITTED USING THE SERVICE.

NEITHER COMPANY NOR ANY OF COMPANY’ LICENSORS OR SERVICE PROVIDERS MAKES ANY EXPRESS WARRANTIES, AND EACH OF THEM DISCLAIMS ALL IMPLIED WARRANTIES WITH RESPECT TO THE SERVICE, INCLUDING IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER COMPANY NOR ANY OF COMPANY’ LICENSORS OR SERVICE PROVIDERS MAKES ANY WARRANTY THAT THE CONTENT IN THE SERVICE SATISFIES GOVERNMENT REGULATIONS, ADDRESSES THE NEEDS OF YOUR PERSONAL SITUATION OR IS ACCURATE, COMPLETE OR UP-TO-DATE. CONTENT IN THE SERVICE IS DEVELOPED FOR USE IN THE UNITED STATES, AND NEITHER COMPANY NOR ANY OF COMPANY’ LICENSORS OR SERVICE PROVIDERS MAKES ANY REPRESENTATION CONCERNING THE CONTENT WHEN USED IN ANY OTHER COUNTRY.

12. Limitation of Liability

NEITHER COMPANY NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE SERVICE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, WRONGFUL DEATH, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SERVICE, INCLUDING ANY CONTENT AVAILABLE ON THE SERVICE, WHETHER OR NOT THERE IS NEGLIGENCE BY COMPANY AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. NEITHER COMPANY NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN $100. THE LIMITATIONS IN THIS SECTION APPLY TO YOU ONLY TO THE EXTENT THEY ARE LAWFUL IN YOUR JURISDICTION. NEITHER US, THE MEDICAL EXPERTS ON HEALTHTAP, OR ANY OF OUR LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN ONE HUNDRED DOLLARS ($100). ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE MUST BE BROUGHT WITHIN ONE YEAR OF THE FIRST DATE OF THE EVENT GIVING RISE TO SUCH ACTION.

13. Third-party Content & Services

Company may make third-party services available through the Service. Company is not responsible for and does not endorse any third-party content or services, and does not make any representations or warranties regarding their quality, content or accuracy. Company further does not endorse any third-party Service Providers (including Providers), products, services, opinions, or web sites accessed through the Service. USE OF THIRD-PARTY SERVICES AND RELIANCE ON THEIR CONTENT IS SOLELY AT YOUR OWN RISK. COMPANY MAY NOT BE HELD LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF ANY THIRD-PARTY SERVICE OR CONTENT.

14. Law and Venue

These Terms of Use are governed by North Carolina law. THE EXCLUSIVE VENUE FOR ANY DISPUTE RELATING TO THE SERVICE IS THE STATE AND FEDERAL COURTS LOCATED IN WAKE COUNTY, NORTH CAROLINA. YOU AND COMPANY CONSENT TO THE SOLE PERSONAL JURISDICTION AND VENUE OF THESE COURTS. Nothing in this agreement limits either party’s ability to seek equitable relief.

15. General Legal Terms

For purposes of clarification, these Terms of Use are for end users of the Service. You may not transfer or assign your rights or obligations under these Terms or in relation to use of the Service. We reserve the right to transfer, subcontract or assign these Terms or any of our obligations under these Terms. Company shall not be liable for any failure or delay in the Service due to causes beyond its reasonable control, including but not limited to war, sabotage, terrorist activities, riot or other acts of civil disobedience, act of any government affecting the terms or performance hereof, accident, fire, explosion, flood, hurricane, severe weather or other acts of God, failure of telecommunication or internet service provider and denial of service attacks or similar attacks. Failure to enforce any provision will not constitute a waiver of that provision. If any provision is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision’s essential purpose. The other provisions of these Terms of Use shall remain in full force and effect.

16. Contact

If you have any questions regarding this Agreement or the Company’s Privacy Policy, please contact us via email at support@whichworksbest.com or the following mailing address:

Pressflex LLC

Attn: Support

Box 3472

Chapel Hill, NC 27516

USA

Last modified: August 10, 2019

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