These Terms & Conditions (“Terms”) apply to your access to and use of the websites, applications and other online products and services (collectively, our “Services”) provided by MedCircle, Inc. (“MedCircle” or “we”). By registering to use the Services you agree and acknowledge that you have read all of the terms and conditions of these Terms, you understand all of the terms and conditions of these Terms, and you agree to be legally bound by all of the terms and conditions of these Terms.

If you have any questions about these Terms or our Services, please contact us at support@medcircle.com.

Use Description

The MedCircle service, and any content viewed through our service, is solely for your personal and non-commercial use. With your MedCircle purchase, we grant you a limited, non-exclusive, non-transferable, license to access the MedCircle content and view your sessions through the service on a streaming-only basis for that purpose. You agree not to use the service for public performances. MedCircle may revoke your license at any time in its sole discretion. Upon such revocation, you must promptly destroy all content downloaded or otherwise obtained through the service, as well as copies of such materials, whether made in accordance with these Terms & Conditions or otherwise.

Eligibility

You must be at least 13 years of age to access or use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may only access or use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in connection with our Services. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.

User Accounts and Account Security

You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You may never use another’s account, and you may not provide another person with the username and password to access your account. You are fully responsible for any and all activities that occur under your account, and it is your responsibility to ensure that your password remains confidential and secure, and promptly notify us if you discover or suspect that someone has accessed your account without your permission. You must ensure that you exit from your account at the end of each session when accessing the Service. MedCircle will not be liable for any loss or damage arising from your failure to comply with this Section.

Modifications to Service

MedCircle reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that MedCircle will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. We have no obligation to retain any of your account or submitted content for any period of time beyond what may be required by applicable law.

Privacy

Please refer to our Privacy Policy for information about how we collect, use and disclose information about you.

User Content

Our Services may allow you to create, post, store and share content, including messages, text, photos, videos, health information and other materials (collectively, “User Content”). You grant MedCircle and its affiliates a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. In some instances, when you share User Content on or through our Services, you understand that your User Content and any associated information may be visible to others. You may not to create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.

Conditions Of Use

• Fees

  To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide MedCircle information regarding your credit card or another payment instrument. You represent and warrant to MedCircle that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay MedCircle the amount that is specified in the payment plan in accordance with the terms of such plan and this Terms of Service. You hereby authorize MedCircle to bill your payment instrument in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let MedCircle know within sixty (60) days after the date that MedCircle charges you. We reserve the right to change MedCircle’s prices. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with the Services other than U.S. taxes based on MedCircle’s net income.

• Recurring Subscriptions

  By subscribing to any MedCircle Membership Service (“Recurring Subscription”), you authorize MedCircle to maintain your account information and charge that account automatically upon the renewal of the chosen Service with no further action required by you. In the event that MedCircle is unable to charge your account as authorized by you when you enrolled in a Recurring Subscription, MedCircle, may, in its sole discretion: (i) bill you for your Service and suspend your access to the Service until payment is received, and/or (ii) seek to update your account information through third party sources (i.e., your bank or a payment processor) to continue charging your account as authorized by you.

  MedCircle may change the price for Recurring Subscriptions from time to time and will communicate any price increase to you in advance and, if applicable, how to accept those changes. Price changes for Recurring Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use your Recurring Subscription after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by canceling your Recurring Subscription before the price change goes into effect. Please, therefore, make sure you read any such notification of price changes carefully.

  Payments are nonrefundable and there are no refunds or credits for partially used periods. You may cancel a Recurring Subscription at any time, but if you cancel your subscription before the end of the current subscription period, we will not refund any subscription fees already paid to us. Following any cancellation, however, you will continue to have access to the service through the end of your current subscription period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our users (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

• Special Notice for International Use; Export Controls

  Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.

• Commercial Use

  Unless otherwise expressly authorized herein or by MedCircle in writing, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

Social Networking Services

You may enable or log in to the Service via various online third party services, such as social media and social networking services like Facebook or Twitter (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Service, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and MedCircle’s use, storage and disclosure of information related to you and your use of such services within MedCircle (including your friend lists and the like), please see our Privacy Policy.

However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and MedCircle shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.

In addition, MedCircle is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, MedCircle is not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Social Networking Services. MedCircle enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.

Prohibited Conduct and Content

You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Services. You will not:

• Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
• Use or attempt to use another user’s account without authorization from MedCircle;
• Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
• Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
• Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
• Develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services;
• Bypass or ignore instructions contained in our robots.txt file, accessible at www.medcircle.com/robots.txt, that controls automated access to portions of our Services; or
• Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

You may also only post or otherwise share User Content that is non-confidential and you have all necessary rights to disclose. You may not create, post, store or share any User Content that:

• Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
• Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
• May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
• Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
• Impersonates, or misrepresents your affiliation with, any person or entity;
• Contains any unsolicited promotions, political campaigning, advertising or solicitations;
• Contains any private or personal information of a third party without such third party’s consent;
• Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
• Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Services, or that may expose MedCircle or others to any harm or liability of any type.

In addition, although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.

Third Party Services and Content

In using our Services, you may view content, utilize services, or otherwise interact with content and services provided by third parties (“Content Providers”), including, but not limited to, educational materials, webinars, links and/or connections to websites, applications or services of such parties (“Third-Party Content”). MedCircle does not control, endorse or adopt any Third-Party Content and you acknowledge and agree that MedCircle will have no responsibility for any Third Party Content, including without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. In addition, your business or other dealings or correspondence with such third parties are solely between you and the third parties. MedCircle is not responsible or liable for any damage or loss of any sort caused, or alleged to be caused, by or in connection with any such dealings, including the delivery, quality, safety, legality or any other aspect of any good or services that you may purchase or sell to or from a third party.

Limited License; Copyright and Trademark

Our Services and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the “MedCircle Content”) are owned by or licensed to MedCircle and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, MedCircle and our licensors reserve all rights in and to our Services and the MedCircle Content. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services and MedCircle Content for your own personal use; however, such license is subject to these Terms and does not include any right to: (a) sell, resell or commercially use our Services or MedCircle Content; (b) copy, reproduce, distribute, publicly perform or publicly display MedCircle Content, except as expressly permitted by us or our licensors; (c) modify the MedCircle Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services or MedCircle Content; (d) use any data mining, robots or similar data gathering or extraction methods; and (e) use our Services or MedCircle Content other than for their intended purposes. Any use of our Services or MedCircle Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.

Feedback

Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about MedCircle or our products or Services (collectively, “Feedback”), is non-confidential and will become the sole property of MedCircle. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Copyright Complaints

We have a policy of limiting access to our Services and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify MedCircle’s Designated Agent as follows:

MedCircle Copyright Agent
6798 Embarcadero Ln
Carlsbad, CA 92011
support@medcircle.com

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to MedCircle for certain costs and damages.

Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless MedCircle and affiliates, and each of our respective officers, directors, agents, partners and employees, partners, sponsors, advertisers, licensors or suppliers (individually and collectively, the “MedCircle Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (“Claims”)arising out of or related to: (a) your access to or use of our Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with our Services. You agree to promptly notify MedCircle Parties of any third party Claims, cooperate with MedCircle Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the MedCircle Parties will have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and MedCircle or the other MedCircle Parties.

Disclaimers

We do not control, endorse or take responsibility for any User Content or third-party content available on or linked to by our Services.

Your use of our Services is at your sole risk. Our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, MedCircle does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While MedCircle attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.

The content available on or linked to by our Services, including any Paid Content, is not offered for any academic, professional, or other credit or certification. Participation in, use, or completion of Paid Content is solely for the purpose of gaining knowledge and does not otherwise confer any value to you.

No Recommendations or Medical Advice; No Liability for Provider or Estimates

MEDCIRCLE IS NOT A REFERRAL SERVICE AND DOES NOT RECOMMEND, ENDORSE, DISCOURAGE, SCREEN OR APPROVE ANY PROVIDERS OR ANY MEDICAL PROCEDURES, PRODUCTS OR SERVICES, NOR DOES MEDCIRCLE PROVIDE MEDICAL ADVICE OF ANY KIND. YOU ARE SOLELY RESPONSIBLE FOR SELECTING AND DETERMINING THE SUITABILITY OF PROVIDERS YOU USE AND FOR OBTAINING ANY ADDITIONAL INFORMATION YOU NEED TO MAKE AN INFORMED DECISION PRIOR TO UTILIZING ANY PROVIDER, WHETHER OR NOT YOU OBTAINED INFORMATION ABOUT SUCH PROVIDER THROUGH OUR SERVICES AND WHETHER OR NOT MEDCIRCLE ASSISTED IN MAKING AN APPOINTMENT WITH SUCH PROVIDER. Any cost or pricing information available through our Services, including any information regarding the amounts you and your insurance company might be expected to pay a provider, is an estimate only based on a variety of factors considered by MedCircle and is not intended as a representation or guarantee as to the specific pricing applicable to particular procedures for a given provider.

MEDCIRCLE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING, AND DISCLAIMS ALL RESPONSIBILITY OR LIABILITY FOR: (A) THE QUALITY OR SUITABILITY OF ANY PROVIDER; (B) THE ADVICE, TREATMENT OR OTHER SERVICES RENDERED AND ANY CLAIMS ARISING THEREFROM; (C) THE RESULTS OBTAINED FROM ANY PROVIDER; (D) THE CONDUCT OR ACTIONS OF ANY PROVIDER; AND (E) THE ACCURACY OF ANY INFORMATION ACCESSED THROUGH OUR SERVICES INCLUDING COST ESTIMATES.

Limitation of Liability

MedCircle and the other MedCircle Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if MedCircle or the other MedCircle Parties have been advised of the possibility of such damages.

The total liability of MedCircle and the other MedCircle Parties, for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the amount paid, if any, by you to access or use our Services.

The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of MedCircle or the other MedCircle Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

Release

To the fullest extent permitted by applicable law, you release MedCircle and the other MedCircle Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

Transfer and Processing Data

By accessing or using our Services, you consent to the processing, transfer and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.

Dispute resolution; Binding Arbitration

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with MedCircle and limits the manner in which you can seek relief from us. Except for small claims disputes in which you or MedCircle seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or MedCircle seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and MedCircle waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, all disputes arising out of or relating to these Terms or our Services will be resolved through confidential binding arbitration held in Los Angeles County, California in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

You and MedCircle agree that any dispute arising out of or related to these Terms or our Services is personal to you and MedCircle and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.

You and MedCircle agree that these Terms affect interstate commerce and that the enforceability of this Section 17 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and MedCircle agree that for any arbitration you initiate, you will pay the filing fee and MedCircle will pay the remaining JAMS fees and costs. For any arbitration initiated by MedCircle, MedCircle will pay all JAMS fees and costs. You and MedCircle agree that the state or federal courts of the State of California and the United States sitting in Los Angeles County, California have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and MedCircle will not have the right to assert the claim.

You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 17 by emailing the MedCircle at support@medcircle.com. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 18.

Governing Law and Venue

These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of CALIFORNIA, without regard to conflict of law rules or principles (whether of CALIFORNIA or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of california and the United States, respectively, sitting in LOS ANGELES county, California.

Changes to these Terms

We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Services and update the “Last Updated” date below. We may also attempt to notify you by sending an email notification to the address associated with your account or providing notice through our Services. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.

Termination

You agree that MedCircle, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if MedCircle believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. MedCircle may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that MedCircle may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that MedCircle will not be liable to you or any third party for any termination of your access to the Service.

Severability

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

Additional Terms Applicable to iOS Devices

The following terms apply if you install, access or use the Services on any device that contains the iOS mobile operating system (the “App”) developed by Apple Inc. (“Apple”).

• Acknowledgement

  You acknowledge that these Terms are concluded solely between us, and not with Apple, and MedCircle, not Apple, is solely responsible for the App and the content thereof. You further acknowledge that the usage rules for the App are subject to any additional restrictions set forth in the Usage Rules for the Apple App Store Terms of Service as of the date you download the App, and in the event of any conflict, the Usage Rules in the App Store shall govern if they are more restrictive. You acknowledge and agree that you have had the opportunity to review the Usage Rules.

• Scope of License

  The license granted to you is limited to a non-transferable license to use the App on any iPhone, iPod touch or iPad that you own or control as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.

• Maintenance and Support

  You and the MedCircle acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

• Warranty

  You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the App by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. The parties acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of MedCircle. However, you understand and agree that in accordance with these Terms, MedCircle has disclaimed all warranties of any kind with respect to the App, and therefore, there are no warranties applicable to the App.

• Product Claims

  You and MedCircle acknowledge that as between Apple and MedCircle, MedCircle, not Apple, is responsible for addressing any claims relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.

• Intellectual Property Rights

  The parties acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringe that third party’s intellectual property rights, MedCircle, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms.

• Legal Compliance

  You 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.

• Developer Name and Address

  Any questions, complaints or claims with respect to the App should be directed to:

  MedCircle Copyright Agent
  6798 Embarcadero Ln
  Carlsbad, CA 92011
  support@medcircle.com

• Third-Party Terms of Agreement

  You agree to comply with any applicable third-party terms when using the Services.

• Third-Party Beneficiary

  The parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

Miscellaneous

These Terms constitute the entire agreement between you and MedCircle relating to your access to and use of our Services. The failure of MedCircle to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.

Updated July 2, 2020