v1.1 published 05.01.2023
AMIRA HEALTH INC.
Please read carefully as they constitute a binding legal agreement between you and Amira. It is important to establish what you can expect as you use Amira’s website https://www.amira.care/ (the “Website”), our existing and future products (“Products”) and our current or future services (the “Services”), and what we expect from you.
Our Contractual Relationship
CLICKING ON THE “I AGREE” BUTTON OR CHECKING THE “I AGREE” BOX SIGNIFIES YOUR ASSENT TO THESE TERMS. ALTERNATIVELY, USING THE WEBSITE, PRODUCTS AND/OR SERVICES INDICATE THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU ARE NOT AUTHORIZED TO USE THE WEBSITE, PRODUCTS AND/OR SERVICES IF YOU DO NOT ACCEPT THESE TERMS.
We are constantly developing new technologies and features to improve our Products and Services. As part of this continual improvement, we will sometimes add or remove features and functionalities, increase, or decrease limits to our Products and Services, and start offering new Products and Services or stop offering prior ones. You will be notified of such changes through our Website. If we make material changes that negatively impact your use of our Services or if we stop offering a Service, we may choose to, but are not obliged to, provide you with reasonable advance notice and an opportunity to stop using the Products and Services, cancel or close your Account (as defined below), except in urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operability issues.
In order to use certain Products and Services, you [may] need to register for and maintain an active personal user account (“Account”).
Our Communications and Your Feedback
We may send you service announcements or otherwise communicate with you to provide Services. By using the Website, Products and/or Services, you consent to receiving electronic communications from us.
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Products and Services (“Feedback”). You agree that Amira has the right, but not the obligation, to use such Feedback and your contributions without any obligation to provide you credit, royalty payment, or ownership interest in the changes to the Services based on your Feedback.
Personal Information and Privacy
Your Contractual Commitments
Use of Our Website, Products and/or Services
Our Website, Products and Services are available only to individuals who can form legally binding contracts under applicable law.
If you are eligible to use the Website, Products and/or Services, you agree to the following terms and conditions:
You agree to comply with all applicable laws when using the Website, Products and/or Services, and you may only use them for lawful purposes.
You may only use the Website, Products and/or Services for personal purposes.
You may not abuse, harm, interfere with, or disrupt the Website, P:roducts and/or Services.
You may not copy, rip, or capture any content encountered on the Website. This includes bulk copying or "scraping" any portion of the content using a bot, or other tool, data mining, or similar data gathering or extraction methods.
You may not attempt to gain unauthorized access to any portion of the Website or any other accounts, computer systems, or networks connected to the Website, whether through hacking, password mining, or any other means.
You may not decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Website, Products and/or Services.
You may not use the Website to upload, transmit, or promote any material that constitutes junk mail, spam, commercial offers, inappropriate or illegal content.
You may not use the Website, P:roducts and/or Services in a manner that infringes or violates the intellectual property rights, privacy, or any other rights of any parties, including Amira.
You will not misrepresent any facts or make false claims with regards to Amira, its Products or its Services.
Network Access & Devices
You are responsible for obtaining the data network access that may be necessary to use the Website, Products and/or Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Website, Products and/or Services from a wireless-enabled device.
Intellectual Property Rights
The materials displayed, performed or available on or through the Website, Products and/or Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, and Feedback (all of the foregoing, the “Content”), are protected by copyright and/or other intellectual property laws. This also includes all names, logos or marks that belong to Amira or various third parties. You acknowledge that as between you and Amira, the Content, including all associated intellectual property rights, are the exclusive property of Amira or their respective owners.
access and use the Website on your device in connection with your use of the Products and Services; and
access and use any content, information and related materials that may be made available through the Website, Products and/or Services, in each case solely for your personal or internal business use.
Any rights not expressly granted herein are hereby reserved by Amira and Amira’s licensors.
Third Party Content
Disclaimers and Disclaimer of Warranties
YOU HEREBY ACKNOWLEDGE THAT YOU ARE USING THE WEBSITE, PRODUCTS AND/OR SERVICES AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, PRODUCTS AND/OR SERVICES ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OR REPRESENTATIONS, GUARANTEES OF ANY NATURE OR KIND.
AMIRA HEALTH INC. AND ITS officers, directors, employees, agents, licensors, and suppliers (“AFFILIATES”) HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. BECAUSE SOME STATES DO NOT PERMIT DISCLAIMER OF IMPLIED WARRANTIES, YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS, TO THE EXTENT APPLICABLE TO THE SERVICES.
AMIRA HEALTH INC. OR ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE WEBSITE, PRODUCTS AND/OR SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH THE WEBSITE, PRODUCTS AND/OR SERVICES (INCLUDING THOSE OF THIRD PARTIES). WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY DELAYS OR OTHER DAMAGE OR LOSS RESULTING FROM ANY OF THOSE PROBLEMS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE WEBSITE.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORIES OF LIABILITY INCLUDING BUT NOT LIMITED TO TORT, CONTRACT, FRAUD, MISREPRESENTATION, NEGLIGENCE OR OTHERWISE, SHALL AMIRA HEALTH INC. OR ITS AFFILIATES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) INDIRECT, EXTRAORDINARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE, INABILITY TO USE OR THE RESULT OF USING THE WEBSITE, PRODUCTS AND/OR SERVICES OR (B) ANY MATTER BEYOND OUR REASONABLE CONTROL.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
You agree to indemnify, defend, and hold harmless Amira Health Inc. and its Affiliates, from and against all claims, losses, liabilities, expenses, damages, and costs, including, without limitation, legal costs and reasonable attorney’s fees arising from or relating in any way:
To your access to, use of, or alleged use of, the Website, Product and/or Services;
Your violation of the rights of any third party, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or
Any dispute or issue between you and any third party.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim and any resolution and payment of such claim.
You may end your legal agreement with Amira at any time by deactivating your accounts by contacting us at email@example.com and discontinuing your use of the Website, Products and/or Services.
If the Arbitration Agreement (as defined below) is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in Middlesex County of the Commonwealth of Massachusetts to resolve your claim.
You and Amira agree to resolve any claims relating in any way to your use of Amira’s Website, Products and/or Services through final and binding arbitration by a single arbitrator, except for the exceptions set forth below (“Arbitration Agreement”). This includes disputes arising out of or relating to interpretation or application of this Section 16 (Arbitration Agreement), including its enforceability, revocability, or validity.
ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND AMIRA HEALTH INC. ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY.
The American Arbitration Association (“AAA”) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in Middlesex County of the Commonwealth of Massachusetts, United States. The AAA rules will govern payment of all arbitration fees.
Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to:
Pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
Assert individual claims, if they qualify, in small claims court in Middlesex County of the Commonwealth of Massachusetts so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.
Such claims may be brought and litigated in a court of competent jurisdiction by you on an individual basis only. On an individual basis means that you cannot bring such claims as a class, coordinated, consolidated, collective, or representative action against Amira. Our agreement not to require arbitration in these limited instances does not waive the enforceability of this Arbitration Agreement as to any other provision.
Class Action and Trial by Jury Waiver
IF THE ARBITRATION AGREEMENT IS FOUND NOT TO APPLY TO YOU OR YOUR CLAIM, YOU AND AMIRA HEALTH INC. EXPRESSLY AND KNOWINGLY WAIVE ANY RIGHT TO A JURY TRIAL IN THE EVENT ANY ACTION ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT IS LITIGATED OR HEARD IN ANY COURT OF COMPETENT JURISDICTION.
If you have any questions about the Website, Products and/or Services, please do not hesitate to contact us at firstname.lastname@example.org.