Terms of Service
These Terms of Service govern your use of our apps, our website located at https://www.palm-ER.com, and any related services provided by palmER Worldwide LLC.
When you use our software, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from further using our apps, accessing our website, or using any other services provided by palmER Worldwide LLC.
We, palmER Worldwide LLC, reserve the right to review and amend any of these Terms of Service at any time and at our sole discretion. Thus, you are advised to review this page for any changes. We will notify you of any changes by posting the new Terms of Service on this page. Any changes to these Terms of Service will take effect immediately from the date of publication.
This policy was last updated on January 28, 2023.
Limitations of Use
By using our apps and our website, you warrant on behalf of yourself, any entity who you represent who has entered into these Terms of Service, and your users that you will not:
- modify, copy, prepare derivative works of, decompile, or reverse engineer our apps or any materials and software contained within our apps or on our website;
- remove any copyright or other proprietary notations from our apps or any materials and software contained within our apps or on our website;
- transfer our apps or any of their associated materials to another person or “mirror” the materials on any other server;
- knowingly or negligently use our apps or any of their associated services in a way that abuses or disrupts our networks or any other service palmER Worldwide LLC provides;
- use our apps or their associated services in violation of any applicable laws or regulations; or
- use our apps or their associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.
The intellectual property in the materials in our apps and on our website are owned by or licensed to palmER Worldwide LLC. You may download our apps, to view, use, and display the application on your mobile device for your personal use only.
This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or these Terms of Service, and may be terminated by palmER Worldwide LLC at any time.
Our apps and the materials in our apps and on our website are provided on an ‘as is’ basis. To the extent permitted by law, palmER Worldwide LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.
In no event shall palmER Worldwide LLC or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use our apps, our website, or any other services provided by palmER Worldwide LLC or the materials in our apps, even if palmER Worldwide LLC or an authorized representative has been notified, orally or in writing, of the possibility of such damage.
In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.
Our apps are intended to be used as educational tools and are not a substitute for professional medical advice or treatment. Our apps are not intended to replace the clinical judgment and expertise of a healthcare professional, nor the consultation of authoritative sources like medical textbooks, drug prescribing information, and professional and institutional guidelines. Although significant effort is put into creating and maintaining the content, we do not warrant or guarantee its accuracy or currency. It is the responsibility of the user to confirm the accuracy of all content. The information within our apps is based primarily on clinical practice standards within the United States of America and may not be appropriate for use in other countries. The user is advised to consult authoritative sources before making any clinical decisions. Before prescribing or administering any drug, the user must review the manufacturer’s current product information or package insert for accepted indications, dosage, adverse effects, contraindications and any other information pertinent to appropriate use. The developer assumes no responsibility for any loss, injury, and/or damage to persons or property arising from or related to any use of our products. By using our software, the user assumes liability for and shall indemnify, defend, protect, save, and hold harmless palmER Worldwide LLC, its directors, officers, and agents, from and against any and all liabilities, claims, demands, suits, judgments, damages, and losses (including all costs, fees, and expenses in connection therewith or incident thereto), for death of, or injury or harm to, any person whomsoever, and for loss of, damage to, or destruction of any property whatsoever, including any loss of use thereof.
Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Notice regarding Apple
To the extent that you are using or accessing our apps on an iOS device, you acknowledge and agree to the terms of this clause. You acknowledge that these Terms of Service are between you and palmER Worldwide LLC only, not with Apple Inc. (Apple), and Apple is not responsible for our apps and any materials available in our apps.
Apple has no obligation to furnish you with any maintenance and support services with respect to our apps.
If our apps fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to our apps and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our responsibility.
Apple is not responsible for addressing any claims by you or any third party relating to our apps or your use of our apps, including but not limited to (1) product liability claims; (2) any claim that our mobile applications fail to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that our mobile applications infringe that third party’s intellectual property rights.
You agree to comply with any applicable third-party terms when using our apps, including any Usage Rules set forth in the Apple App Store Agreement of Service.
Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Service, and upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary of these Terms of Service.
You hereby represent and warrant that (1) 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 (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
Right to Terminate
We may suspend or terminate your account and right to use our software and these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.
Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.
These Terms of Service are governed by and construed in accordance with the laws of Delaware, United States of America. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.