Welcome to the Terms of Service for the Mole Check App application and the molecheckapp.com website. This is an agreement (“Agreement”) between Mole Check App Inc., a California Corporation, located at 2461 Santa Monica Blvd, #441, Santa Monica, CA, 90404 (“Mole Check App”), the owner and operator of www.molecheckapp.com (“Site”), any Mole Check App services (“Services” as defined below in section 2), and the Mole Check Application (“Platform”) and you (“you”, “your” or “user(s)”), a user of the Site, Platform, or Service.
Throughout this Agreement, the words “Mole Check App,” “us,” “we,” and “our,” refer to our company, Mole Check App, Inc. and our Site, Platform, or any Services, as is appropriate in the context of the use of the words. Due to the length of this Agreement, we would like to highlight the most important provisions you are agreeing to, including the following:
The Mole Check App provides you a Platform to seek general information about your moles by submitting an inquiry to a Health Counselor (hereinafter “Health Counselor” as defined below). Users simply download the Platform, take a picture of a mole, and connect with a Health Counselor to receive information regarding the mole. Users understand and agree that the information provided by us or any Health Counselors is only for educational and informational purposes and is not meant as medical advice or a diagnosis of a medical condition or disease. No interactions within the Platform create a doctor-patient relationship as defined under US federal and state laws. Mole Check App is designed to support the health decisions and choices that you make for yourself. In the context of health and wellness, your decisions should always be made in conjunction with your attending physician or health care provider. You agree that you will not use Mole Check App as a substitute for health insurance, a primary care doctor, dermatologist or in-person health care interactions. You understand and agree that although general informational and educational information may be provided regarding your mole, this information is only for short term informational purposes until you see your dermatologist and receive a medical diagnosis or opinion in person.
Always use common sense when making health decisions. Mole Check App cannot make decisions for you. Moles do change, and a mole that may appear normal now may not be normal few months from now. Pictures are not perfect and may not tell the full story. As such, they may lead to inaccurate, misleading or wrong erroneous information. Do not use Mole Check App or any content found within the Platform or Service to diagnose or treat a medical condition. See your doctor in person if you are looking for a personal medical evaluation, diagnosis, or prescription. If you are experiencing a medical emergency or believe that you may have a medical issue related to a mole please contact your health care professional immediately. Do not delay receiving treatment for any health or medical issues due to any information found on our Site, Service, or Platform.
Mole check app does not provide medical opinions, care or advice and does not provide formal medical diagnosis, treatment or prescriptions. ALL INFORMATION PROVIDED ON MOLE CHECK APP OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY MOLE CHECK APP INCLUDING BUT NOT LIMITED TO COMMUNICATIONS WITH HEALTH COUNSELORS, IS INTENDED TO BE FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY, AND IS IN NO WAY INTENDED TO CREATE A PHYSICIAN - PATIENT RELATIONSHIP AS DEFINED BY STATE AND FEDERAL LAW; MOLE CHECK APP IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL DIAGNOSIS OR TREATMENT; AND RELIANCE ON ANY INFORMATION PROVIDED BY MOLE CHECK APP OR ANY HEALTH COUNSELOR IS SOLELY AT YOUR OWN RISK. MOLE CHECK APP DOES NOT AND DOES NOT INTEND TO PROVIDE MEDICAL EVALUATION OR MEDICAL SERVICES OR MEDICAL OPINION OR ACT IN ANY MANNER AS A PHYSICIAN, OR MEDICAL CORPORATION, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY MEDICAL SERVICES OR MEDICAL OPINIONS RENDERED BY ANY OF THE HEALTH COUNSELORS ON ITS PLATFORM.
Health Counselors listed on the Mole Check App Platform are licensed medical professionals. However, the information provided by Health Counselors via the Platform is not be used as medical advice and is merely intended to be used for your general informational and educational purposes only. Any opinions, advice, or information expressed by any Health Counselor individuals are those of the individual and the individual alone and they do not reflect the opinions of Mole Check App. We do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Mole Check App or by a Health Counselor. The inclusion of Health Counselors on the Site or Platform does not imply recommendation or endorsement of such professional nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any professional contained therein. The relationship between Health Counselors and Mole Check App is that of independent contractors.
Whenever we use the words “your physician,” “your medical practitioner,” “your doctor,” “healthcare provider” or similar words on Mole Check App, including this Agreement, we mean your personal doctor with whom you have of an actual, mutually acknowledged, doctor-patient relationship (or the same kind of formal, real-world relationship between you and your personal professional healthcare provider) within the state that you reside. Health Counselors on Mole Check App are not “your” doctor, physician, medical practitioner, healthcare provider or dermatologist. When you send picture to a Health Counselor, you understand and agree that you will not and do not form a doctor-patient relationship with that doctor. Further, you understand and agree that Health Counselors on Mole Check App are not your dermatologists and you agree not to use Mole Check App as a substitute for interactions with your dermatologist. You understand that neither Mole Check App nor any of the Health Counselors provide any personal diagnosis, treatment or prescriptions. Interactions on with Health Counselors do not constitute the practice of medicine and consultations cannot be used for providing a formal medical diagnosis, for a physical examination, for obtaining prescriptions, or for treatment.
You agree that you are solely responsible for interactions with Health Counselors. To the extent permitted under applicable laws, you hereby release Mole Check App from any and all claims or liabilities related to any product or services of Health Counselors, any action or inaction by Health Counselors, including Health Counselors’ failure to comply with applicable law and/or conduct or speech, whether online or offline. ANY INFORMATION PROVIDED BY HEALTH COUNSELORS IS PROVIDED ON AN “AS-IS” BASIS AND MOLE CHECK APP INC. DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. MOLE CHECK APP INC. SHALL IN NO EVENT BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY ANY PARTY (INCLUDING, WITHOUT LIMITATION, ANY USER) IN RELIANCE ON INFORMATION ABOUT HEALTH COUNSELORS ON MOLE CHECK APP. IN NO EVENT SHALL MOLE CHECK ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT OR DIRECT PHYSICAL (INCLUDING DEATH), PSYCHOLOGICAL, EMOTIONAL, FINANCIAL DAMAGES ARISING FROM ANY OPINIONS OR CONTENT RENDERED BY HEALTH COUNSELORS. The use of Mole Check App by any entity or individual to verify the credentials of Health Counselors is prohibited.
Health Counselors may be able to send you text, comments, or other content (“Health Counselor Content”) via the Platform and Service. The Health Counselor Content is not to be used as medical advice or diagnosis but for educational and informational purposes only. The Health Counselor Content provided by any Health Counselors represents the opinions and judgments of the respective information provider. Mole Check App neither endorses nor is responsible for the accuracy or reliability of any Health Counselor Content including any opinion, advice, or statement made on or through using the Mole Check App Platform. You agree that under no circumstances will Mole Check App be liable for any loss or damage caused by any Health Counselor’s Content or your reliance on such content. It is the responsibility of you to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, including any Health Counselor Content available through the Mole Check App Platform. If you have any questions regarding Health Counselor Content please contact your physician or healthcare provider.
When using our Platform, Site, or Service, you are responsible for your use of Mole Check App, and for any use of Mole Check App made using your account. You agree not to access, copy, or otherwise use Mole Check App, including our intellectual property and trademarks, except as authorized by this Agreement or as otherwise authorized in writing by Mole Check App. Additionally, you agree to abide by the following:
After registering for our Site or Platform, we grant you a personal, non-exclusive, revocable, limited license to use our Service, access our Site or Platform. As a user, you do not receive any ownership interest in any portion of our Site, the Platform, or any of the associated Services; you merely receive the aforementioned license listed above. If you wish to terminate this license please notify us immediately or simply delete the application from your phone or mobile device.
Please be aware that you are responsible for your use of our Site, Service, and Platform. Additionally, you agree to abide by the following licensing restrictions listed below:
Your ability to submit or transmit any information through the Site, Platform, and Service, including but not limited to text, photos, images or any other information will be referred to as “User Content” throughout this Agreement. Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. You understand that we cannot guarantee the absolute safety and security of any such User Content. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Service may be modified or removed at our discretion.
When submitting any User Content to our Site and Platform you represent and warrant that you own all rights to the User Content have paid for or otherwise have permission to use any User Content submitted.
When you submit any Content to us, you grant Mole Check App, its partners, affiliates, users, representatives and assigns a non-exclusive, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable, assignable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or part of your User Content. It is important for you to grant us this license so that we may transmit your User Content to other users through our Service. Additionally, although you own all User Content submitted by you, we own all layouts, arrangement, metadata and images that are used to render your User Content through our Service.
You will be able to access the Site and Platform through your mobile device or cellphone. Please be aware that data and messaging rates may apply depending on your carrier and phone service. Please be sure to check your data plan to understand any relevant costs incurred by your use. We cannot be responsible for any fees charged by your data or cellphone carrier.
Although we will try to provide continuous Site, Platform, and Service availability to you, we do not guarantee that the Site, Platform, or any Services will always be available, work, or be accessible at any particular time. We have no obligation to provide you access to the Site, Platform, or Service. You understand and acknowledge that due to circumstances both within and outside of the control of Mole Check App, access to the Platform may be interrupted, suspended or terminated from time to time. We shall have the right at any time to change or discontinue any aspect or feature of the Platform, including, but not limited to, content, hours of availability and equipment needed for access or use. Mole Check App may discontinue disseminating any portion of information or category of information may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
Only users who are eligible to use our Site or Service may do so. We reserve the right to terminate access for anyone. We cannot guarantee that anything found on our Site, Platform, or Service will work as stated, or that it will give you the desired results. You acknowledge that, although the Internet and mobile applications are often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Mole Check App and that we shall not be responsible for any data lost while transmitting information on the Internet.
We reserve the right to alter, modify, update, or remove our Site, the Service or Platform at any time. We may conduct such modifications to our Service for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or to respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Service for security, legal or other purposes.
lease be aware that our Service and any information found within it are offered “as-is.” Mole Check App does not endorse and may not verify any of its users or any User Content or Health Counselor Content submitted by users found through the Mole Check App Site or Service. You agree that any information may be inaccurate, unsubstantiated or possibly even incorrect. We cannot guarantee that using our Service or Site will result in any benefits or positive results for you. You agree to release us from any liability that we may have to in relation to your use of our Site and Service. By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against the particular users or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Mole Check App with respect to such actions or omissions.
The design of the Mole Check App Platform and Service along with Mole Check App Site, created text, writings, images, templates, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Mole Check App, subject to copyright and other intellectual property rights under US and foreign laws and international conventions. Mole Check App reserves all rights not expressly granted in and to the Service and the Site. You agree to not engage in the use, copying, or distribution anything contained within the Site or Service unless we have given express written permission.
In order to use the Service or speak with any Health Counselors, you may be required to submit your billing and payment information. Before connecting with any Health Counselors, user will be required to pay the amounts due as listed via the Site or Platform. You expressly authorize us to charge you for any amounts due using your payment information we on file. All payment information will be processed, stored, and secured by our third party payment processor Stripe.
Where a user conducts a chargeback against Mole Check App, such user shall be liable to Mole Check App for the full amount of the chargeback, as well as any attorneys’ fees, collection agency fees, court costs, disbursements, and any other expenses occurred by Mole Check App in enforcing its rights against that user under this section. Additionally, should a credit card be declined for any reason including but not limited to expiry or insufficient credit, Mole Check App may pursue a claim against you for the unpaid amount and shall be entitled to be paid by you for the same costs, disbursements and other expenses as described in the above paragraph relating to chargebacks.
As we provide you with a unique service, all paid services are non-refundable. If you believe that there has been an error in billing or you are entitled to a refund, please contact us at [email protected].
THE SITE, PLATFORM, AND SERVICE, INCLUDING, WITHOUT LIMITATION, OUR CONTENT, USER CONTENT, OR HEALTH COUNSELOR CONTENT IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER MOLE CHECK APP, INC., NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE, PLATFORM, OR WEBSITE; (B) ANY USER CONTENT OR HEALTH COUNSELOR CONTENT; (C) OUR CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO MOLE CHECK APP OR VIA THE SERVICE. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
MOLE CHECK APP DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. MOLE CHECK APP DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE ARE ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. MOLE CHECK APP DOES NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND MOLE CHECK APP SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THIS AGREEMENT. BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. MOLE CHECK APP DOES NOT ENDORSE ANY CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT FOUND ON OR THROUGH MOLE CHECK APP.
YOU AGREE THAT THE MOLE CHECK APP PLATFORM IS MEANT FOR ONLY GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. IN NO EVENT SHALL MOLE CHECK APP, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT (INCLUDING DEATH), PSYCHOLOGICAL,EMOTIONAL, INDIRECT, INCIDENTAL, FINANCIAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (I) YOUR USE OR INABILITY TO USE THE WEBSITE OR OUR SERVICES OR ANY ERRORS, MISTAKES, OR INACCURACIES OF OUR CONTENT, USER CONTENT, OR HEALTHCARE CONTENT, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, PLATFORM OR SERVICE, (III) ANY INTERRUPTION,MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE TO YOU, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, (V) YOUR INTERACTIONS WITH ANY HEALTH COUNSELOR OR ANY FAILURE OF ANY HEALTH COUNSELOR INFORMATION LISTED ON OUR SITE OR PLATFORM, INCLUDING ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL , (VI) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS OR (VII) ANY ERRORS OR OMISSIONS IN OUR SITE OR SERVICE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF OUR SITE , PLATFORM, OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION .
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
YOUR ABILITY TO USE OUR SERVICE IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. WHERE REQUIRED, MOLE CHECK APP’S LIABILITY IN CONNECTION WITH YOUR USE OF THE MOLE CHECK APP PLATFORM, SITE OR SERVICE SHALL NOT EXCEED ONE-HUNDRED USD OR THE TOTAL AMOUNT PAID BY THE USER DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM, WHICHEVER IS GREATER. Remedies under this Agreement are exclusive and are limited to those expressly provided for in this Agreement.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE. YOU RELEASE US FROM ANY LIABILITY RELATING TO ANY USER CONTENT, HEALTH COUNSELOR CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST US OR ANY SUCH THIRD PARTIES.
Mole Check App shall have the right, but not the obligation, to monitor any User Content of the Mole Check App Platform at all times, including any chat rooms and forums that may hereinafter be included as part of the Platform, to determine compliance with this Agreement and any operating rules established by us. Without limiting the foregoing, Mole Check App shall have the right, but not the obligation, to remove any material that Mole Check App in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
You acknowledge and agree that all discussion for ratings, comments, bulletin board service, chat rooms and/or other message or communication facilities (collectively “Communities”) are public and not private communications, and that, therefore, other users may be able to view your communications without your knowledge. We do not control or endorse the content, messages or information found in any Community, specifically disclaim any liability concerning the Communities and any actions resulting from your participation, including any objectionable content. Generally, any communication which Users post to the Mole Check App Platform (whether in chat rooms, discussion groups, message boards or otherwise, except for the personal information related to the inquiries submitted to Health Counselors) is considered to be non-confidential. If particular portions of the Platform or Site permit the submission of communications that will be treated by Mole Check App as confidential, that fact will be stated on those pages.
You agree to defend, indemnify and hold harmless Mole Check App, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
We take copyright infringement very seriously, and we have registered a Registered Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. If you live within the US or own any copyrighted material within the US and believe that your copyright has been infringed, please send us a message which contains:
Mole Check App and its Services may only be used by persons 18 years and older. If you are under 18 please stop using our Site and Service and please do not submit any information to us.
By using this Site, you agree that: (1) any claim, dispute, or controversy you may have against us, Mole Check App, Inc., or the Site, Platform, or Service arising out of, relating to, or connected in any way with this Agreement shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”); (2) the claim or dispute must be brought within one (1) year of the first date of the event giving rise to such action and the arbitration shall be held in Los Angeles, California, or at such other location as may be mutually agreed upon by you and Mole Check App, Inc.; (3) the arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or Mole Check App Inc.’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (5) both parties will bear their own costs of representation and filing for the dispute; and (6) with the exception of subpart (4) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (4) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither End User nor Mole Check App Inc. shall be entitled to arbitrate their dispute. For more information on AAA and its Rules and Procedures, End Users may visit the AAA website at https://www.adr.org.
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement or any other agreement you may have with Mole Check App are deemed to conflict with each other’s operation, you agree that Mole Check App shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. The section headings used herein are for convenience only and shall be of no legal force or effect.
We may terminate your use and access to our Site, Platform, and Service if you have breached this Agreement, we determine in our sole discretion that your actions may harm Mole Check App, or for any other reason without notice. You agree that we are not required to provide you with access to our Site and Service and may terminate our Site and Service at any time and for any reason. Please be aware that if we terminate service, you must cease using our Site, Service, or Platform immediately. You may terminate this Agreement and your license by simply deleting the Platform or by notifying us in writing that you no longer wish to use the Platform, Site, or Service. Any outstanding payments due and owning by you must be paid in full before terminating this Agreement. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. In order to continue using our Site, Platform, or Service you will have to agree to these new amendments. You may refuse to agree to the amendments, but if you do so, you must immediately cease using our Site, Platform, or Service.
The communications between you and Mole Check App use electronic means, whether you visit the Site or Service, via text or e-mails, or whether Mole Check App posts notices on the Site or Service or communications with you via e-mail or text. For contractual purposes, you (1) consent to receive communications from Mole Check App in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Mole Check App provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
When you use the Mole Check App, you agree that Mole Check App may send you automatically via e-mail, text, or mobile telephone reminders that contain protected health information as defined under HIPPA. You understand and agree that by using these features, you are opting into receiving your own protected health information by email, SMS or mobile telephone notification, which is not secure.
The Service and the underlying information and technology may not be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) any country to which the U.S. has currently embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Platform, you agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws.
This Agreement is entered solely into between you and Mole Check App Inc., owner and operator of Mole Check App Platform. Although our Platform may be available for download in the Google Play Store (“Google”) or the iTunes Store (“Apple”), neither Google nor Apple are a party to this Agreement and shall have no obligations with respect to the Mole Check App Application. Mole Check App Inc. is solely responsible for the Mole Check App and the content thereof as set forth hereunder. However, Google and Apple are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple or Google shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. This Agreement incorporates by reference the Licensed Application End User License Agreement published by Apple and Google, for purposes of which, you are “the end-user.” In the event of a conflict in the Terms of the Licensed Application End User License Agreement and this Agreement, the Terms of this Agreement shall control.
You may be able to visit third party websites from our Site or Platform. Mole Check App does not endorse or otherwise represent that such third party sites will be error free or harmless. Location data provided by the Mole Check App Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Mole Check App must be sent to our agent for notice to: [email protected]
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.