BY USING THIS APPLICATION, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS AND PROVISIONS OF THIS AGREEMENT. IN ADDITION, WHEN USING THIS APPLICATION, YOU SHALL BE SUBJECT TO ANY POSTED GUIDELINES OR RULES APPLICABLE TO THIS APPLICATION. ANY CONTINUED USE OF THIS APPLICATION WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THE ABOVE, PLEASE DO NOT USE THIS APPLICATION.
This document governs your use of the software application SCRUBNOTE for mobile devices that was created by SCRUBNOTE LLC. The Application let you create and share surgical preference cards.).
1. Intellectual Property Rights
The Application and its original content, features, functionality, and associated graphics are owned by SCRUBNOTE, LLC and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You agree not to attempt to reverse engineer, translate, create derivative works from, or obtain source code for the Application in anyway unless given permission in writing by the Company. If you believe that your intellectual property rights have been infringed upon by us, please contact us at admin@scrubnote.com.
2. About In-App Purchases
Scrubnote offers a 6 months free trial period to access the application. This time period company can increase as per the user for the usage of application. You also have an option to renew your subscription for the smooth usage of application month after month!
6 months Free Trial
3. Non renewal subscription plans
Title: Monthly Plan Validity: 30 days Price: $0.99 for one month
4. Auto renewal subscription plans
Title: Auto - Renewal Time Period: Renew each after 30 days Price: $0.99/per month Note: Subscription automatically renews unless auto-renew is turned off within 24-hours or before the end of the current period. Also, account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal. Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Account Settings after purchase.
5. Data and Privacy
Our Privacy Policy covers the terms of our data collection and retention and your privacy. The Privacy Policy is accessible at www.scrubnote.com/privacy.html.
6. Termination
We may terminate your access to the application, without cause or notice, which may result in the forfeiture and destruction of your backed up data and license information. If your access is terminated while you own an active license, you will not be refunded, but future scheduled payments will be canceled. All provisions of this Agreement that, by their nature, should survive termination shall survive termination.
7. Licensing and Payment
You may use the Application unrestricted during a one-time 6-months free trial. The free trial will begin the first time when registered. You are restricted to one free trial and uninstalling and then reinstalling the Application will not affect the expiration of your nor start a new free trial. Once the free trial has expired, you must purchase a license to continue using the Application. Users selected by Scrubnote LLC who are deemed to be necessary for testing or otherwise maintaining the Application will be exempt from requiring a license.
License options will be displayed in the Application. All transactions are handled by Google Wallet and Appstore In-App Billing and the Application will not collect payment information. No refunds will be issued. Users who purchase an automatically renewing license may cancel their subscription at any time in Google Play, or APPSTORE. A recurring license which has been cancelled will remain active until its expiration date.
8. Use of Information
Scrubnote LLC provides the contents on this app as an information resource only. The preference cards may not be accurate or up to date. Do not act or rely upon this information without verifying them with your physicians. By using the services provided by Scrubnote LLC, you agree to hold Scrubnote LLC harmless and waive liability for any information provided, and any decisions you may make related to this information or its use.
Scrubnote is an ongoing product and is susceptible to bugs and other imperfections. The Company makes no promises that it will fix or attempt to fix any bugs or other imperfections. You may send bug and crash reports to admin@scrubnote.com or via app bug report.
9. Indemnity
You agree to hold harmless the Company, its affiliates, and their respective officers and employees from any and all legal proceedings and any and all losses, liabilities, damages, and expenses incurred from your use of the Application, including downloading, installing, uninstalling, and using the application, or your violation of this Agreement.
10. DISCLAIMER OF WARRANTIES
WE PROVIDE THIS APPLICATION AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES. THE COMPANY DOES NOT MAKE ANY PROMISES ABOUT THE APPLICATION, INCLUDING, BUT NOT LIMITED TO, ITS CONTENT, FUNCTIONS, RELIABILITY, OR ABILITY TO MEET YOUR NEEDS.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE APPLICATION IS AT YOUR SOLE DISCRETION AND RISK.
11. LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT THE COMPANY AND ITS AFFILIATES ARE NOT LIABLE FOR ANY DIRECT OR INDIRECT DAMAGE, LIABILITY, INJURY, OR DEATH THAT MAY OCCUR DURING OR BECAUSE OF YOUR USE OF THE APPLICATION, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR MOBILE DEVICE, WHETHER OR NOT THE COMPANY HAS BEEN MADE AWARE OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH OCCURRING.
12. Choice of Forum
This Agreement shall be governed in all respects by the laws of the state of Texas and any dispute not settled by private negotiation or by mediation shall be finally resolved by a court located in Dallas County, Texas.
13. Notification of Changes
Scrubnote LLC reserves the right to change these terms from time to time as it sees fit and your continued use of the Application will constitute your acceptance of any adjustment to these terms. If there are changes to either these terms or the Privacy Policy you will receive an in-app message notifying you of such changes. Changes to either document will be posted online at least 14 days before taking effect and your in-app message will arrive the first time you open the Application's settings following the changes. You are therefore advised to re-read this statement on a regular basis.
14. Miscellaneous
a. These Terms of Use constitute the entire Agreement between you and Scrubnote LLC relating to and governing your use of Scrubnote, and completely replace any prior agreements between you and the Company relating to the Application.
b. The failure of the Company to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such. All rights and provisions will still be available to the Company at any time.
c. If any court of law, having the jurisdiction to do so, rules that any part of these Terms of Use is invalid, it will be removed from the Terms of Use without affecting the rest of the Agreement. The remaining parts will continue to be valid and enforceable.
15. Date Effective
This document is effective as of 01 May, 2017.