Terms of Service
This Terms of Service is effective November 19th, 2021. If you purchase goods or services from our app and website, the terms of your contract will apply to the extent they differ from these Terms.
Murmur App Inc., (“Murmur App”/“us”/“we”), provides a technology platform and online community called “Murmur App” through our website (the “Site”) and our application for mobile devices, tablet computers and similar devices (the “App”) and provide access to Collective Content (defined below), collectively the Site, App and Collective Content and services is referred to herein as the “Services.” Please read carefully the following terms and conditions (“Terms”) and our Privacy Policy.
BY CLICKING ON THE “SIGN UP” BUTTON, OR ACCESSING OR USING THE SERVICES INCLUDING BY DOWNLOADING OR POSTING ANY CONTENT FROM OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS WHICH CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND MURMUR APP INC. YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES OR COLLECTIVE CONTENT UNLESS YOU AGREE TO THESE TERMS. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that (i) you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” extends beyond you to also refer and apply to that company or other legal entity, and (ii) that your organization has already acquired an institutional membership from Murmur App Inc. These Terms refer to our Privacy Policy, our Content Policy and our Community Guidelines which also apply to your use of the Services. All institutions and individuals other than individual licensed healthcare professionals or students in recognized healthcare programs may only use the Services with the prior written permission of Murmur App Inc. Please contact contact@murmurmd.com to inquire further. Any institution or individual other than Approved Users who registers without the prior written consent of Murmur may have their access to the Services terminated by Murmur App Inc. at any time.
“Content” means text, graphics, images, software (excluding the App) information, messages or other materials.
“Collective Content” means, collectively, Murmur App Content and Registered User Content. Certain areas of the Site and App (and your access to or use of certain Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Services, App or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services, App or Collective Content. Unless explicitly stated otherwise, any new features that augment or enhance the current Services in future shall be subject to these Terms; they will be posted to the Site as available as well as to the App and you are deemed to have accepted them.
“Murmur App Content” means Content that we make available through the Services including any Content licensed from a third party, but excluding Registered User Content.
“Tagging” means Murmur App’s feature which allows Users to mention or tag other Users on a particular case.
“Registered User” and “you” means a person that completes Murmur App’s account registration process, as described in the “Account Registration” section below.
“Registered User Content” means Content a Registered User posts, uploads, publishes, submits, or transmits to be made available through the Services.
2. MODIFICATIONS
Murmur App Inc. reserves the right, at its sole discretion, to modify, discontinue or terminate the Services (or any aspect thereof) or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification via the Site or App, or provide you with notice of the modification. By continuing to access or use the Services after we have posted a modification or have provided you with notice of a modification, you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, you agree to discontinue use of the Site, App and Services immediately.
3. ACCOUNT REGISTRATION; CONDITIONS ON ACCESS AND USE OF SERVICES
3.1 AVAILABILITY.
Access to and use of the Services is limited to individuals who are at least 18 years of age. The Services are based in the state of Idaho in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you are responsible for compliance with local laws.
3.2 MINORS.
The Terms and Privacy Policy apply to your access and use of the Services and describe Murmur App’s practices and policies related to the collection, use and storage of information about Registered Users. Murmur App’s privacy practices are consistent with the Children’s Online Privacy Protection Act (“COPPA”) and Murmur App will not knowingly request or collect personal information from any child under the age of majority. If a child under 13 submits personal information to Murmur App and we learn that such information is of a child under 13, we will attempt to delete the information as soon as possible. If you believe that we might have any personal information from a child under 13, please contact us at contact@murmurmd.com. BY ESTABLISHING AN ACCOUNT, YOU REPRESENT THAT YOU ARE AN ADULT AND AGREE TO BE PERSONALLY BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN.
3.3 COMPLIANCE WITH LAWS.
You are responsible for ensuring that your use of the Services complies with the laws of your country of residence and you assume the risks (including indemnity under Section 13) attendant to the use of the Services and the use of any materials that you provide. You must register to create an account (“Account”) and become a “Registered User” to use the Services.
3.4 REGISTRATION.
To register, you must provide a username, and your name, surname, email address, password, medical specialty, areas of interest, verification details and other information specified in the registration form (collectively, “Registration Data”). You represent and warrant: (i) the Registration Data that you provide about yourself is true, accurate, current, and complete; (ii) you are at least 18 years of age; and (iii) you will maintain and promptly update the Registration Data to keep it at all times true, accurate, current, and complete. You authorize Murmur App Inc., in its sole discretion to confirm and verify the truthfulness and accuracy of the Registration Data. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Murmur App Inc. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Murmur App Inc. has the right to suspend or terminate your Account and refuse any and all current or future use of the Services. You also authorize Murmur App Inc. to access your contact list and/or address book on your device at your direction in order to allow you to share information and images with specific contacts you choose, connect with your colleagues, or to allow you to invite specific contacts you choose to use the Services.
Use of the Services is void where prohibited by law or otherwise. By using the Services, you represent and warrant that you have the right, authority, and capacity to agree to and abide by these Terms and that you are not prohibited from using the Services. You understand that your use of the Services may involve or require the transmission of significant amounts of data. You are solely responsible for all data charges that may be charged by your wireless carrier or internet service provider or that may otherwise arise from your use of the Services. By using the Services, you hereby agree to have reviewed and understand our community guidelines located at: Community Guidelines (the “Community Guidelines”), and that you will use the Services in compliance with the Community Guidelines. Further, you acknowledge that we may, in our sole discretion, change the Community Guidelines from time to time and by continuing to use the Services following any such change, you accept and agree to any such changes to the Community Guidelines. You agree to periodically review the Community Guidelines to ensure that you are aware of any such changes and understand how the Community Guidelines apply to your use of the Services.
3.5 SUBSCRIPTION/USAGE FEES.
Murmur App Inc. does not currently charge individual licensed healthcare professionals or students in recognized healthcare programs (“Approved Users”) fees for the use of the Services. However, you acknowledge and agree that Murmur App Inc. reserves the right, in its sole discretion, to charge you for and collect fees from you for the use of the Services and to send and receive communications. Murmur App Inc. will provide notice of any fee collection via the Services prior to implementing such a fee, and you will have a choice at that time to continue to use the Services or not. If you choose not to pay, Murmur App Inc., reserves the right to immediately terminate your access to the Services.
All institutions and individuals other than individual licensed healthcare professionals or students in recognized healthcare programs may only use the Services with the prior written permission of Murmur App Inc. Please contact contact@murmurmd.com to inquire further. Any institution or individual other than Approved Users who registers without the prior written consent of Murmur may have their access to the Services terminated by Murmur App Inc. at any time.
3.6 EMAIL COMMUNICATIONS
By clicking on the “SIGN UP” button, you hereby expressly consent to the receipt of periodic email marketing newsletters and other communications from us. At any time, you may “opt-out” of the receipt of any such newsletters or other communications by completing the unsubscribe process linked in any such communications or by updating your user preferences on the App or Site. Notwithstanding the foregoing, you understand and agree that the Services may include certain communications (including emails) from Murmur App Inc. related to (a) the implementation of Murmur App’s Privacy Policy and your obligations thereunder with regard to your Registered User Content, (b) transactional emails (such as for resetting your password), (c) communications necessary for legitimate interests, and (d) sponsored group messages in your feed. You will not be able to opt out of communications that fall under (a), (b), (c) or (d) above.
4.0 SECURITY
The Services are designed to require users to provide a valid, working e-mail address and password to access and use the Site, Services, App, and Collective Content and you (1) consent to receive communications from Murmur App Inc. in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Murmur App Inc. provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. Upon registering, you will select a password. Your email address and the password and codes assigned to you are, collectively, your “User Information.” You are solely responsible for (1) maintaining the strict confidentiality of your User Information, (2) not allowing another person to use your User Information to access the Services, (3) any and all damages or losses that may be incurred or suffered as a result of any activities that occur under your User Information. You agree to immediately notify Murmur App Inc. in writing by email of any unauthorized use of your User Information or any other breach of security. Murmur App Inc. is not and shall not be liable for any harm arising from or relating to the theft of your User Information, your disclosure of your User Information, or the use of your User Information by another person or entity. Any attempt to obtain unauthorized access or to exceed authorized access to the Site, Services, App, or Collective Content shall be considered a trespass and computer fraud and abuse, punishable under state and federal laws. Murmur App Inc. hereby notifies you that any or all communications with this Site can and will be monitored, captured, and recorded and the communications may be transmitted to the authorities as deemed necessary by Murmur App Inc. in its sole discretion and without further notice.
Notwithstanding the foregoing, Murmur App Inc. will use reasonable efforts to encrypt any data transmitted through, or that sits at rest on any underlying infrastructure used for, the Services, using industry standard protocols.
5.0 DISCLAIMERS
5.1 NOT A DIAGNOSTIC SERVICE.
MURMUR APP IS PRIMARILY AN EDUCATIONAL TOOL AND IS NOT INTENDED TO SERVE THE FOLLOWING NEEDS: AS A DIAGNOSTIC SERVICE; AS A CONFIRMATORY SERVICE TO PROVIDE CERTAINTY IN DIAGNOSIS; TO SELECT, GUIDE, OR PROMOTE THERAPY OF MEDICAL CONDITIONS; FOR USE IN HAZARDOUS OR MISSION-CRITICAL CIRCUMSTANCES OR FOR USES REQUIRING FAIL-SAFE PERFORMANCE; OR IN SITUATIONS WHERE FAILURE COULD LEAD TO DEATH OR PERSONAL INJURY (COLLECTIVELY, “UNAUTHORIZED PURPOSES”). BECAUSE MURMUR APP HAS NOT BEEN DESIGNED, INTENDED, OR AUTHORIZED FOR SUCH UNAUTHORIZED PURPOSES, YOU SHALL NOT USE THE SITE, SERVICES, OR APP FOR SUCH PURPOSES OR UNDER SUCH CIRCUMSTANCES. YOU FURTHER ACKNOWLEDGE THAT THE USE OF MURMUR APP’S SITE, SERVICES, OR APP FOR SUCH PURPOSES MAY CONSTITUTE A VIOLATION OF LAWS APPLICABLE TO THE PRACTICE OF MEDICINE OR OTHER HEALTH PROFESSION(S).
5.2 NO WARRANTY.
YOUR RELIANCE UPON THE CONTENT OBTAINED OR USED BY YOU THROUGH THE SITE, SERVICES, OR APP IS SOLELY AT YOUR OWN RISK.
5.3 TAGGING FEATURE; NOT MEDICAL SERVICES.
MURMUR APP’S TAGGING FEATURE IS TO BE USED SOLELY TO OBTAIN FEEDBACK, FOR EDUCATION AND FOR DISCUSSION. NEITHER THE USER INITIATING THE TAG NOR THE USER RESPONDING TO THE TAG ARE INTENDING TO OR ARE PROVIDING MEDICAL SERVICES BY DOING SO. A USER USING THE TAGGING FEATURE IS NOT REQUESTING AND SHALL NOT REQUEST A MEDICAL CONSULTATION OF ANY KIND; YOU ARE SOLELY REQUESTING FEEDBACK, EDUCATION, AND DISCUSSION. YOU ACKNOWLEDGE THAT YOU ARE NOT ENGAGING IN THE PRACTICE OF MEDICINE NOR REQUESTING MEDICAL SERVICES OF ANY KIND OR INTENDING TO CREATE ANY KIND OF PHYSICIAN/PATIENT RELATIONSHIP BY USING THE TAGGING FEATURE AND BY RESPONDING TO OR ENGAGING IN ANY KIND OF CONVERSATION RELATED TO A TAG. A USER RESPONDING TO A TAG IS NOT GIVING AND SHALL NOT GIVE MEDICAL ADVICE OF ANY KIND. YOU ACKNOWLEDGE THAT BY RESPONDING TO ANOTHER USER’S TAG AND PROVIDING INFORMATION, YOU, AS A SPECIALIST OR OTHER REGISTERED USER, ARE NOT AND SHALL NOT PROVIDE MEDICAL SERVICES, ENGAGE IN THE PRACTICE OF MEDICINE OR CREATE OR INTEND TO CREATE A PHYSICIAN/PATIENT RELATIONSHIP OR TO ACT AS A MEDICAL CONSULTANT.
6. PRIVACY AND CONTENT TERMS
6.1 PRIVACY POLICY.
See our Privacy Policy for information and notices concerning Murmur App Inc.’s collection and use of your Personal Information. By clicking on the “SIGN UP” button, or accessing or using the Site, Services, or App, you acknowledge and agree to the provisions of the Privacy Policy and affirm that the Privacy Policy forms a part of these Terms.
6.2 FEEDBACK.
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Site, Services, or App (“Feedback”). You may submit Feedback by emailing us. You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable (through several tiers) and transferable license under any and all intellectual property rights that you own or control in relation to the Feedback to use, reproduce, view, communicate to the public by any means, print, copy (whether onto hard disk or other media), edit, translate, perform and display (publicly or otherwise), distribute, redistribute, modify, adapt, make, sell, offer to sell, transmit, license, transfer, stream, broadcast, create derivative works from, and otherwise use and exploit the Feedback for any purpose.
6.3 USER CONTENT TERMS.
All content generated by a Registered User, must comply with local, state, and federal privacy legislation and best practices. You must remove any and all identifying information from any Registered User Content you upload to the Services. In addition, you must refer to the Content Policy Content Policy. You represent and warrant that each time you submit content you have complied with the terms therein on what identifying information should be removed from the cases.
6.4 COMMUNICATIONS DECENCY ACT.
Murmur App Inc. requires that you be respectful when communicating with others through the Site, Services and App. Murmur App Inc. is and will not be liable for any Registered User Content posted on the Service. Murmur App Inc. may, but has no obligation to, monitor or review any Registered User Content on the Services. Although we may delete any content we may determine to be defamatory, we are not required to, and reserve all defences for such Registered User Content made available by Section 230 of the Communications Decency Act, the First Amendment to the Constitution of the United States of America, and any other applicable laws, rules, and regulations.
6.5 OWNERSHIP OF CONTENT.
Murmur App Inc. does not claim ownership of any Content that you post on or through the Services. Instead, you hereby grant to Murmur App Inc., in perpetuity, a non-exclusive, fully paid and royalty-free, transferable, sub-licensable (through several tiers), worldwide license to use, reproduce, view, communicate to the public by any means, print, copy, (whether onto hard disk or other media), edit, translate, perform, and display (publicly or otherwise), redistribute, modify, adapt, make, sell, offer to sell, transmit, distribute, license, transfer, stream, broadcast, create derivative works from, and otherwise use and exploit the Content that you post on or through the Services, subject to the Privacy Policy. If you submit content to Murmur App, you are authorizing Murmur App to act as your agent to issue take-down notices under the Digital Millennium Copyright Act (the “DMCA”) and/or any other similar legislation that allows the submission of requests to Internet Service Providers for the purpose of removing infringing or allegedly infringing materials. You will be responsible for monitoring and enforcing your copyright. If Murmur App does become aware of infringement, then Murmur App, at its sole discretion, may elect to issue take-down notices under the DMCA or similar legislation.
6.6 USER CONTENT WARRANTIES.
You acknowledge and agree that you are solely responsible for all Registered User Content that you make available through the Site, Services, or App. Accordingly, you represent and warrant that you are: (i) sole and exclusive owner of all Registered User Content that you make available through the Site, Services, or App or (ii) you have all rights, licenses, consents and releases that are necessary to grant to Murmur App Inc. the rights to such Registered User Content, as contemplated under these Terms; and (iii) neither the Registered User Content nor your posting, uploading, publication, submission, or transmittal of the Registered User Content or Murmur App Inc.’s use of the Registered User Content (or any portion thereof) on, through or by means of the Site, Services, or App will (a) infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy, or (b) result in the violation of any applicable law or regulation, including, but not limited to any applicable laws, rules, or regulations relating to personal health information, personal information and privacy, the Health Insurance Portability and Accountability Act (HIPAA), the Personal Information Protection and Electronic Documents Act (PIPEDA), the Personal Health Information Protection Act (PHIPA), the Health Information Technology for Economic and Clinical Health (HITECH) Act, and any other applicable state and federal privacy laws (collectively, the “Privacy Laws”) depending on your country or jurisdiction of access to the App. You retain the sole responsibility of your individual compliance with applicable laws.
6.7 ADVERTISEMENTS.
You acknowledge and agree that some of the Site, Services, or App may be supported by advertising revenue and may contain advertisements or promotions. If you elect to have any personal, professional or business dealings with anyone whose products or services may be advertised on the Site, Services, or App, you acknowledge and agree that such dealings are solely between you and such advertiser and you further acknowledge and agree that Murmur App Inc. shall not have any responsibility or liability for any losses or damages that you may incur as a result of such dealings.
Your representations, warranties, and obligations in this section survive termination of these Terms.
7.0 LICENSE TERMS
7.1 MURMUR APP CONTENT LICENSE GRANT.
Subject to your compliance with these Terms, Murmur App Inc. grants you a limited, non-exclusive, non-transferable license to: (i) view any Murmur App Content solely for your personal and non-commercial purposes; and (ii) view any Registered User Content to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
7.2 MURMUR APP CONTENT LICENSE RESTRICTIONS.
You will not use, copy, adapt, modify, translate, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Services, App or Collective Content, except as expressly permitted in these Terms or expressly permitted by applicable copyright laws. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Murmur App Inc. or its licensors, except for the licenses and rights expressly granted in these Terms.
7.3 USER CONTENT LICENSE.
We may, in our sole discretion, permit Registered Users to post, upload, publish, submit, or transmit Registered User Content. By making available any Registered User Content on or through the Site, Services, or App, you hereby grant to Murmur App Inc. a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense (through several tiers), to use, reproduce, view, communicate to the public by any means, print, copy (whether onto hard disk or other media), edit, translate, perform and display (publicly or otherwise), distribute, redistribute, modify, adapt, make, sell, offer to sell, transmit, license, transfer, stream, broadcast, create derivative works from, and otherwise use and exploit such Registered User Content only on, through or by means of the Site, Services or App or by sublicense to partner or affiliate publications. Murmur App Inc. does not claim any ownership rights in any Registered User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any Registered User Content.
7.4 APP LICENSE.
Subject to your compliance with these Terms, Murmur App Inc. grants you a limited non-exclusive, non-transferable license to download and install a copy of the App on your mobile devices and/or computer that you own or control and to run such copies of the App solely for your own personal and professional use. The non-transferable license is also limited by any terms of service provisions required by the vendor from whom you purchased the App (e.g., Apple iTunes, Google Play, etc.) hereinafter, “App Vendor”.
7.5 UPDATES.
Murmur App may from time to time in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Murmur App has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your device settings, when your device is connected to the internet either: (a) the App will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of this Agreement.
8 PATIENT DATA AND LEGAL COMPLIANCE
8.1 LEGAL OBLIGATIONS.
State and federal laws, as well as ethical and licensure requirements of your profession and health regulatory college and licensing requirements impose obligations with respect to protection of privacy and patient confidentiality that may limit the ability of physicians, healthcare providers, and persons acting on their behalf, to make use of certain confidential Patient Information (“Patient Information”) and/or to transmit Patient Information to third parties without express consent.
8.2 COMPLIANCE REPRESENTATIONS AND WARRANTIES.
You represent and warrant that you will, at all times, comply with all laws directly or indirectly applicable to you that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of Patient Information, and require all persons or entities under your direction or control to comply with such laws, including the Privacy Laws and the Privacy Policy. You are, at all times, solely responsible for obtaining and maintaining all patient consents, if applicable, and all other legally necessary consents or permissions required or advisable to disclose, process, retrieve, transmit, and view the Patient Information that you transmit, store, or receive in connection with the Site, Services, App, and any third party site.
8.3 MURMUR APP DISCLAIMER ON PATIENT INFORMATION.
We expressly do not assume any responsibility for your use or misuse of Patient Information or other information, whether intentional or inadvertent, that is transmitted, monitored, stored or received while using the Site, Services, App, or Collective Content. We reserve the right to amend or delete any Collective Content (along with the right to revoke any membership or restrict access to the Site, Services, App or Collective Content) that we determine, in our sole discretion, violates the above. We further do not assume any responsibility to make any determinations regarding your subsequent reporting or notification obligations arising from any use or misuse of Patient Information or other information; these determinations and your actions in response to such determinations remain your sole responsibility.
Your representations, warranties, and obligations in this section survive termination of these Terms.
9. GENERAL PROHIBITIONS
You agree that you will not:
Murmur App Inc. will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Murmur App Inc. may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Murmur App Inc. has no obligation to monitor your access to or use of the Site, Services, App, or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Site, Services, and App, to ensure your compliance with these Terms and the Privacy Policy, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body having jurisdiction. Murmur App Inc. reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Murmur App Inc., at its sole discretion, considers to be in violation of these Terms, the Privacy Policy, or otherwise harmful to the Site, Services, or App.
10. LINKS
The Site, Services, or App may contain links to third-party websites or resources, which do not form part of the Site, Services, or App. You acknowledge and agree that Murmur App Inc. is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the Content, products, or services on or available from such websites or resources for which such third party is solely responsible. Links to such websites or resources do not imply any endorsement by Murmur App Inc. of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products, or services on or available from such websites or resources.
11. TERMINATION AND ACCOUNT CANCELLATION
If you breach any of these Terms, Murmur App Inc. will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. Murmur App Inc. reserves the right to revoke your access to and use of the Site, Services, App, and Collective Content at any time, with or without cause. You may cancel your Account at any time by contacting us. The change will be processed within seven (7) days.
12. DISCLAIMERS
THE SITE, SERVICES, APP, AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MURMUR APP INC. EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE. MURMUR APP INC. MAKES NO WARRANTY THAT THE SITE, SERVICES, APP, OR COLLECTIVE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. MURMUR APP INC. MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR COLLECTIVE CONTENT PURCHASED OR OBTAINED THROUGH THE SITE, SERVICES, OR APP OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE, SERVICES, OR APP.
YOU MAY NOTIFY THE APP VENDOR IN THE EVENT OF ANY FAILURE OF THE APP TO CONFORM TO THE ABOVE-STATED WARRANTY. THE APP VENDOR WILL REFUND THE PURCHASE PRICE OF THE MURMUR APP APP TO YOU, BUT THE APP VENDOR WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE MURMUR APP APP.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MURMUR APP INC. OR THROUGH THE SITE, SERVICES, APP, OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, SERVICES AND APP AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT WITH AS A RESULT OF YOUR USE OF THE SITE, SERVICES, OR APP. YOU UNDERSTAND THAT MURMUR APP INC. DOES NOT TAKE RESPONSIBILITY FOR SCREENING OR INQUIRY INTO THE BACKGROUND OF ANY USERS OF THE SITE, SERVICES, OR APP, NOR DOES MURMUR APP INC. VERIFY OR TAKE RESPONSIBILITY FOR THE STATEMENTS OF USERS OF THE SITE, SERVICES, OR APP. MURMUR APP INC. MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, SERVICES, OR APP OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, SERVICES, OR APP. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, SERVICES AND APP AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, SERVICES, OR APP, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
13. INDEMNITY
You agree to defend, indemnify, and hold Murmur App Inc., its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, proceedings or demands including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Services, App, or Collective Content, or your violation of these Terms.
14. LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES, APP, AND COLLECTIVE CONTENT REMAINS WITH YOU. NEITHER MURMUR APP INC. NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES, APP, OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, APP, OR COLLECTIVE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SITE, SERVICES, OR APP OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, SERVICES, OR APP WHETHER BASED ON WARRANTY, CONTRACT, DELICT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MURMUR APP INC. HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED IN MEETING ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL MURMUR APP INC.’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, APP, OR COLLECTIVE CONTENT EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MURMUR APP INC. AND YOU.
15. PROPRIETARY RIGHTS NOTICES
All trademarks, service marks, logos, trade names, and any other proprietary designations of Murmur App Inc. used herein are trademarks or registered trademarks of Murmur App Inc. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
16. APPLICABLE LAW AND JURISDICTION
Except as provided in the addenda applicable to your specific jurisdiction provided with the Terms, these Terms shall be governed by the laws of the State of Idaho, excluding its choice of law rules. The state courts in Boise, Ada County, Idaho shall have exclusive jurisdiction to entertain any action arising under these Terms or any other agreement, document, or instrument contemplated herein which cannot be resolved by arbitration or where the enforcement of an arbitral award requires it, and you hereby accept and irrevocably submit to the jurisdiction of the courts of the State of Idaho and acknowledge their competence and agree to be bound by any judgment thereof. Notwithstanding the governance of these Terms, you may have additional obligations and responsibilities to adhere to in the jurisdiction in which you practice medicine or another health profession.
17. ENTIRE AGREEMENT
These Terms, together with all documentation and policies referenced herein, constitute the entire and exclusive understanding and agreement between Murmur App Inc. and you regarding the Site, Services, App and Collective Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Murmur App Inc. and you regarding the Site, Services, App, and Collective Content.
18. ASSIGNMENT
You may not assign or transfer these Terms, by operation of law or otherwise, without Murmur App Inc.’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Murmur App Inc. may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
19. NOTICES
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in a written form and given by Murmur App Inc.: (i) via email (in each case to the address that you provide); or (ii) by posting to the Site; or (iii) via the App. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
20. GENERAL
The failure of Murmur App Inc. to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Murmur App Inc. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
21. MISCELLANEOUS
You acknowledge that the Terms apply to you and Murmur App Inc. only, and not with any App Vendor. The App Vendor and any App Vendor subsidiaries are third-party beneficiaries of the Terms. Upon your acceptance of the Terms, the App Vendor will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary.
You may not use or otherwise export or re-export the App except as authorized by United States law. In particular, but without limitation, the App may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce’s Denied Persons List or Entity List. By using the App, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
22. CONTACTING MURMUR APP INC.
If you have any questions about these Terms, please contact Murmur App Inc. by email at contact@murmurmd.com.