Terms of Use
THE BSTABLE APPLICATION DOES NOT PROVIDE MEDICAL
ADVICE.
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The content on the bStable application, such as text, graphics, images,
and any other material contained in the bStable application are for informational
purposes only. The data is not intended to be a substitute for professional
medical advice, diagnosis, or treatment. Always seek the advice of your
physician or other qualified health provider with any questions you may
have regarding a medical condition.
If you think you may have a medical emergency, call your doctor or 911
immediately. McGraw Systems LLC does not recommend or endorse any specific
tests, physicians, products, procedures, opinions, or other information.
Reliance on any information provided by the bStable application is solely
at your own risk.
User Privacy
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User agrees that McGraw Systems LLC shall have technical access to user's
account in order to respond to technical questions or to offer technical
support.
User agrees that his or her BStable data may be viewed by other individuals
for the purpose of research and examination by qualified health care professionals
with whom the User has permitted access. User has the option to keep certain
data private.
McGraw Systems LLC shall not disclose a user's personally identifying
information to ANY organization for ANY commercial gain or commercial
purpose.
User Contact
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User agrees to allow McGraw Systems LLC to contact the User by e-mail.
McGraw Systems LLC's e-mail contact with User is limited to matters regarding
the instruction on the use and operation of the bStable application. McGraw
Systems LLC will NOT contact Users about commercial offers from itself
or any other party.
Indemnification
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User agrees to indemnify and hold harmless McGraw Systems LLC, its officers,
directors, employees and agents, from any claim or demand, including reasonable
attorneys fees, made by any third party due to or arising out of user's
conduct, user's use of the bStable application, any alleged violation
of this agreement, or any alleged violation of any rights of another,
including but not limited to user's use of any content, trademarks, service
marks, trade names, copyrighted or patented material, or other intellectual
property used in connection with user's account. McGraw Systems LLC reserves
the right, at its own expense, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by the user, but doing
so shall not excuse user's indemnity obligations.
Disclaimer of Liability
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THE BSTABLE APPLICATION IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NEITHER THIS AGREEMENT NOR
ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO EXPRESS OR IMPLY ANY
WARRANTY THAT THE BSTABLE APPLICATION WILL BE ERROR FREE OR THAT THE APPLICATION
WILL PROVIDE UNINTERRUPTED, TIMELY OR ERROR-FREE SERVICE. THE SECURITY
MECHANISM INCORPORATED INTO THE BSTABLE APPLICATION HAS INHERENT LIMITATIONS
AND USER MUST DETERMINE THAT THE APPLICATION ADEQUATELY MEETS ITS REQUIREMENTS.
USER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF THE APPLICATION IS DONE AT ITS
OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGES TO ITS COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF SUCH MATERIAL AND/OR DATA. MCGRAW SYSTEMS LLC, ITS OFFICERS, DIRECTORS,
EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR
LEGAL THEORIES WHATSOEVER, FOR ANY LOSS OF BUSINESS, PROFITS OR GOODWILL,
LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, EVEN IF MCGRAW SYSTEMS
LLC IS AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY WAY FROM
USERS USE OR INABILITY TO USE THE APPLICATION, OR THAT RESULT FROM ERRORS,
DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER
FAILURE OF PERFORMANCE OF THE APPLICATION. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF CERTAIN WARRANTIES OR LIABILITIES, SO SOME OF THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU.
Agreement Modification
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McGraw Systems LLC reserves the right to modify this agreement at its
sole discretion at any time without prior written notice.
General
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This agreement and the relationship between User and McGraw Systems LLC
shall be governed by the laws of the state of Massachusetts without regard
to its conflict of law provisions. User and McGraw Systems LLC agree to
submit to the personal and exclusive jurisdiction of the courts of the
state of Massachusetts. McGraw Systems LLC's failure to exercise or enforce
any right or provision of this agreement shall not constitute a waiver
of such right or provision. If any provision of this agreement is found
by a court of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties intentions
as reflected in the provision, and agree that the other provisions of
this agreement remain in full force and effect. User agrees that regardless
of any statute or law to the contrary, any claim or cause of action arising
out of or related to use of the Service or this agreement must be filed
within one (1) year after such claim or cause of action arose, or be forever
barred. The section titles in this agreement are for convenience only
and have no legal or contractual effect.
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