Please read these Terms of Service (the “Agreement”) carefully. Your use of the Service (as defined below) constitutes your consent to this Agreement. This Agreement is between you and Icahn School of Medicine at Mount Sinai (the “School” or “we” or “us”) concerning your use of (including any access to) the STEMIcathAID app (together with any materials and services available therein, and successor app(s) thereto, the “App”); and the STEMIcathAID site currently located at https://stemicathaid.com (together with any materials and services available therein, and successor site(s) thereto, the “Site”). The App and Site are collectively called the “Service” in this Agreement.
THE SERVICE IS INTENDED FOR USE ONLY BY PHYSICIANS AND OTHER MEDICAL PROFESSIONALS(INCLUDING NURSES AND TECHNICIANS) AND MEDICAL INDUSTRY ADMINISTRATORS AND OTHER PROFESSIONALS (INCLUDING REPRESENTATIVES OF MEDICAL-RELATED COMPANIES) INVOLVED IN STEMI PATIENT CARE; IT IS NOT INTENDED FOR PATIENTS. BY USING THE SERVICE, YOU AFFIRM THAT YOU ARE A MEDICAL PROFESSIONAL OR INDUSTRY PROFESSIONAL INVOLVED IN STEMI PATIENT CARE; THAT YOU ARE NOT A PATIENT; AND THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT. IN ADDITION, IF YOU ARE AN INDIVIDUAL ACCESSING OR USING THE SERVICE ON BEHALF OF, OR FOR THE BENEFIT OF, ANY CORPORATION, PARTNERSHIP OR OTHER ENTITY WITH WHICH YOU ARE ASSOCIATED, INCLUDING ANY HOSPITAL OR MEDICAL PRACTICE (AN “ORGANIZATION”), THEN YOU ARE AGREEING TO THIS AGREEMENT ON BEHALF OF YOURSELF AND SUCH ORGANIZATION, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THIS AGREEMENT. References to “you” and “your” in this Agreement will refer to both the individual using the Service and to any such Organization.
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 19 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND. Your use of the Service is subject to the School’s approval and may be conditioned upon the acceptance of additional terms and conditions by you and/or your Organization. You must not use the Service unless you have been notified by the School that you are authorized to do so. If the School revokes any such authorization, you must immediately cease using the Service. This Agreement hereby incorporates by this reference any additional terms and conditions posted by the School through the Service, or otherwise made available to you by the School.
1. Changes. We may change this Agreement from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Service. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes. Your use of the Service following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Service (including access to the Service via any third-party links); charge, modify or waive any fees required to use the Service; or offer opportunities to some or all Service users.
2. Information Submitted Through the Service. Your submission of information through the Service is governed by our Privacy Policy, located at www.stemicathaid.com/privacypolicy (the “Privacy Policy”). You represent and warrant that any information you provide in connection with the Service is and will remain accurate and complete, and that you will maintain and update such information as needed.
3. Jurisdictional Issues. The Service is controlled or operated (or both) from the United States, and is not intended to subject the School to any non-U.S. jurisdiction or law. The Service may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Service is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Service’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
4. Healthcare Professionals Only. As described above, the Service is intended solely for physicians and other medical professionals involved in STEMI patient care; it is not intended for patients. The relationship between you and us is not a physician-patient or similar relationship. If you are a patient, you must not use the Service, and instead you should seek the advice of your physician or other qualified health providers with any questions you may have regarding any medical condition, and you should never disregard professional medical advice or delay seeking it because of any information available through the Service; call 911 or go to your nearest emergency room in the event of an emergency situation.
5. No Medical Advice. Your use of the Service is at your own risk. You, and not us, are solely responsible for any medical advice, instructions, diagnoses, treatment decisions, procedures and other healthcare services, including the supervision and control of such services. You represent and warrant that your use of the Service, and all services you perform in connection with the Service, will comply with all applicable laws. Although the Service may make available information regarding health-related issues, including algorithms and protocols, such information (a) is not, and is not intended as a substitute for, professional medical advice, diagnosis or treatment; (b) should not be construed as the provision of advice or recommendations; and (c) should not be relied upon as the basis for any decision or action, including the diagnosis or treatment of any health problem. The School is not responsible for the accuracy or reliability of any such information. Such information is not exhaustive and should not be considered complete or up-to-date. It is your responsibility to evaluate the accuracy, completeness and usefulness of any information available through the Service.
6. Rules of Conduct. In connection with the Service, you must not: Post, transmit or otherwise make available through or in connection with the Service any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner. Post, transmit or otherwise make available through or in connection with the Service any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”). Use the Service for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
7. Registration; User Names and Passwords. You may need to register to use all or part of the Service. We may reject, or require that you change, any user name, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you, and not the School, are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your Service account.
8. Communications. The Service may enable you to communicate certain information to other users of the Service and otherwise in connection with the Service, which may include text as well as images and other material (each, a “Communication”). Communications may include EKGs, chats, notifications, video communications, and other information, including patient information. The School is not responsible for the delivery or security of any Communications. YOU ARE SOLELY RESPONSIBLE (AND WE ARE NOT RESPONSIBLE) FOR COMPLYING WITH THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) AND ANY OTHER APPLICABLE LAW, REGULATION, RULE OR POLICY IN CONNECTION WITH YOUR COMMUNICATIONS. WITHOUT LIMITING THE FOREGOING, YOU MUST NOT, ACCESS, OR COMMUNICATE ANY DATA IN CONNECTION WITH THE SERVICE THAT YOU DO NOT HAVE THE RIGHT TO TRANSMIT, ACCESS, OR COMMUNICATE UNDER APPLICABLE LAW, REGULATION, RULE OR POLICY, OR THAT WOULD VIOLATE ANY CONTRACTUAL OR FIDUCIARY DUTY. You acknowledge and agree that Communications may be stored by or on behalf of the School in connection with making available the Service, as well as shared among other users of the Service. You acknowledge and agree that no Communications stored by or on behalf of the School shall serve as the system of record for any patient, personal representative of a patient, healthcare provider, business associate of a healthcare provider, or any affiliates of the foregoing.
9. License. For each Communication, you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit such Communication, in any format or media now known or hereafter developed, in connection with the Service, including tests, studies, quality assessments and improvements in connection with the Service. You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your Communications, and your provision thereof through and in connection with the Service, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party, including any privacy rights.
10. Monitoring. We may (but have no obligation to) monitor, evaluate, alter or delete Communications, or analyze your access to or use of the Service. We may disclose information regarding your access to and use of the Service, and the circumstances surrounding such access and use, to anyone for any reason or purpose.
11. Your Limited Rights. Subject to your compliance with this Agreement, and solely for so long as you are permitted by the School to use the Site, you may view and download a copy of any portion of the Site to which we provide you access under this Agreement, on any device that you own or control, solely for use in connection with your provision of healthcare services. The App is licensed (not sold) to end users. Subject to your compliance with this Agreement, and solely for so long as you are permitted by the School to use the App, we hereby permit you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to install and use the App on a mobile device that you own or control, solely for your provision of healthcare services. If you fail to comply with any of the terms or conditions of this Agreement, you must immediately cease using the Site and the App, and remove (that is, uninstall and delete) the App from your mobile device, and delete any copies of the Site.
12. School’s Proprietary Rights. We and our suppliers and licensors own the Service, which is protected by proprietary rights and laws. All trade names, trademarks, service marks and logos on the Service not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Service should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.
13. Third Party Materials; Links. Certain Service functionality may make available access to information, products, services and other materials made available by third parties, including Communications (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials.
We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by the School with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Service at any time. In addition, the availability of any Third Party Materials through the Service does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider. YOUR USE OF THIRD PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY MATERIALS).
14. RELEASE. WE ARE NOT RESPONSIBLE FOR ANY DISPUTES BETWEEN USERS OF THE SERVICE, OR BETWEEN ANY SUCH USERS AND ANY PATIENTS. IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS OF THE SERVICE AND/OR ANY PATIENTS FOR ANY REASON, YOU HEREBY RELEASE THE SCHOOL AND ITS AFFILIATED ENTITIES (AS DEFINED BELOW), AND ITS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
15. DISCLAIMER OF WARRANTIES. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) THE SERVICE AND ANY THIRD PARTY MATERIALS ARE MADE AVAILABLE TO YOU ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY; AND (B) THE SCHOOL DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICE AND ANY THIRD PARTY MATERIALS, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH THE SCHOOL AND ITS AFFILIATES AND ITS AND THEIR RESPECTIVE SHAREHOLDERS, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, FACULTY, STUDENTS, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE “AFFILIATED ENTITIES”), AND ITS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. While we try to maintain the timeliness, integrity and security of the Service, we do not guarantee that the Service is or will remain updated, complete, correct or secure, or that access to the Service will be uninterrupted. The Service may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Service. If you become aware of any such alteration, contact us at Annapoorna.Kini@mountsinai.org with a description of such alteration and its location on the Service.
16. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) THE SCHOOL WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF COMMUNICATIONS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY COMMUNICATIONS), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (B) WITHOUT LIMITING THE FOREGOING, THE SCHOOL WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE OR FROM ANY THIRD PARTY MATERIALS, INCLUDING (I) WITH RESPECT TO ANY DECISION OR ACTION TAKEN, OR NOT TAKEN, IN RELIANCE ON ANY INFORMATION OR OTHER MATERIAL AVAILABLE IN CONNECTION WITH THE SERVICE, (II) WITH RESPECT TO ANY PERSONAL OR HEALTH INFORMATION TRANSMITTED IN CONNECTION WITH THE SERVICE, (III) FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION WITH THE SERVICE, OR (IV) FROM ANY DELAY, INTERRUPTION, CORRUPTION, ERROR OR FAILURE IN THE AVAILABILITY OF THE SERVICE, OR OF ANY INFORMATION TRANSMITTED, OR ATTEMPTED TO BE TRANSMITTED, IN CONNECTION WITH THE SERVICE; (C) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE OR ANY THIRD PARTY MATERIALS IS TO STOP USING THE SERVICE; AND (D) THE MAXIMUM AGGREGATE LIABILITY OF THE SCHOOL FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF (1) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO THE SCHOOL TO USE THE SERVICE, AND (2) TEN U.S. DOLLARS ($10). ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH THE SCHOOL AND THE AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
17. Indemnity. To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless the School and the Affiliated Entities, and its and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) your use of, or activities in connection with, the Service, including any healthcare services performed (or not performed) in connection with the Service, and including any personal injury or death in connection with such healthcare services or your use of any information or other material available through the Service; (b) any violation of confidentiality in connection with your use of the Service; or (c) any violation or alleged violation of this Agreement by you.
18. Termination. This Agreement will continue until terminated. The School may terminate or suspend your use of the Service at any time and without prior notice. Immediately upon any such termination or suspension, your right to use the Service will end, and the School may deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide further access to those materials. Sections 2–10 and 11–24 will survive the term of this Agreement.
19. Governing Law; Arbitration. The terms of this Agreement are governed by the laws of the United States (including federal arbitration law) and the State of New York, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND THE SCHOOL, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT THE SCHOOL AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. SUCH DISPUTES INCLUDE, WITHOUT LIMITATION, DISPUTES ARISING OUT OF OR RELATING TO INTERPRETATION OR APPLICATION OF THIS ARBITRATION PROVISION, INCLUDING THE ENFORCEABILITY, REVOCABILITY OR VALIDITY OF THE ARBITRATION PROVISION OR ANY PORTION OF THE ARBITRATION PROVISION. ALL SUCH MATTERS SHALL BE DECIDED BY AN ARBITRATOR AND NOT BY A COURT OR JUDGE. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at https://www.adr.org/aaa/ShowProperty nodeId=/UCM/ADRSTAGE2021425&revision=latestreleased . The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
20. Filtering. Please note that parental control protections are commercially available that may assist in limiting access to material that is harmful to minors. Current providers of these protections are listed at: https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers . The School does not endorse any of the listed products or services.
21. Information or Complaints. If you have a question or complaint regarding the Service, please contact us at:
Icahn School of Medicine at Mount Sinai Annapoorna.Kini@mountsinai.org (212) 241-4452
Please note that e-mails may not be secure, so you should not include personal health information or other sensitive information in any e-mail.
22. Export Controls. You are responsible for complying with U.S. export controls and for any violation of those controls, including any U.S. embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any U.S. government list of restricted end users.
23. Miscellaneous. This Agreement does not create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and the School. If any term of this Agreement is found to be unenforceable for any reason, that term will be considered separable from this Agreement and will not affect the enforceability of any other term. You may not assign, transfer or sublicense any of your rights or obligations under this Agreement. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. Neither party’s waiver of any breach under this Agreement will be considered a waiver of any earlier or later breach. Any headings in this Agreement are for convenience only. The term “including” and its variations will be interpreted as if followed by the phrase “without limitation.” This Agreement, including any incorporated terms, is the entire agreement between you and the School relating to its subject matter, and supersedes any earlier or contemporaneous agreements or understandings between you and the School relating to that subject matter. Notices to you may be made by posting to the Service or by e-mail, or by regular mail. the School will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.
24. Apple-Specific Terms. In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of the App compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to this Agreement and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to the School in accordance with the “Information or Complaints” section above. The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service, except that the App may also be accessed and used by other accounts associated with you via Apple’s Family Sharing or volume purchasing programs. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, the School’s right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.
Service © 2020 Icahn School of Medicine at Mount Sinai, unless otherwise noted. All rights reserved.