Seattle Children’s Mobile Application End User License Agreement
This Mobile Application End User License Agreement (“Agreement”) is a binding agreement between you (“End User” or “you”) and Seattle Children's Hospital (“SCH,” “we,” “our,” or “us”). This Agreement governs your use of the Seattle Children’s Hospital application on the Google Android® and Apple iOS® platforms, (including all related documentation, the “Application”). The Application is licensed, not sold, to you. For purposes of this Agreement, the term “you” or “End User” includes your dependents, if any, and any other individual accessing the Application from your Mobile Device.
BY INSTALLING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; AND (B) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTALL THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE.
We offer an Application intended to (a) help you locate room locations, exits, and other basic visitor information about our facilities, (b) to provide you with general information in regard to SCH, and (c) to facilitate your access to third party applications. The content of our Application, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, are for informational purposes only and do not constitute recommendations of any kind by SCH, including medical advice or care. All information provided by SCH, or in connection with any communications supported by SCH, is intended to be for general information purposes only. Neither SCH, nor any of its subsidiaries or affiliates or any third party who may promote the Application or our services or provide a link to our Application, shall be liable for any information obtained on our Application. You acknowledge that your reliance on any information delivered by the Application is solely at your own risk and you assume full responsibility for all associated risks.
Certain location-enabled functionality made available in the Application may be provided by third parties. PLEASE NOTE THAT LOCATION DATA MAY NOT ALWAYS BE ACCURATE. THE LOCATION SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND AND SCH EXPLICITLY DISCLAIMS ANY AND ALL WARRANTIES RELATED TO THE LOCATION SERVICES.
Not for Emergencies
IF YOU ARE EXPERIENCING AN EMERGENCY, YOU
SHOULD DIAL “911” IMMEDIATELY.
SCH’s Application, and our services are not for medical emergencies or other urgent situations. You should not disregard or delay to seek emergency help based on anything that appears or does not appear on the Application. If you believe you have an emergency, call 9-1-1 immediately.
Not for Use by Children under Age 13
Subject to the terms of this Agreement, SCH grants you a limited, non-exclusive and nontransferable license to: (a) download, install and use the Application for your personal, non-commercial use on each mobile device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with the Application’s documentation; and (b) to access and use our services that are made available or otherwise accessible through the Application.
You must not:
(a) copy the Application, except as expressly permitted by this license;
(b) modify, translate, adapt or otherwise create derivative works or improvements of, whether or not patentable, the Application;
(c) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
(d) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Application or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; or
(f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Application.
You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights other than to use the Application in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement. SCH and its licensors and service providers reserve and shall retain their entire right, title and interest in and to the Application, including all copyrights, trademarks and other intellectual property rights, except as expressly granted to you in this Agreement.
SCH may at any time and in its sole discretion, suspend or remove your access to this Application, modify the Application, or terminate the availability of this Application without any liability to you or any third party. In the event of termination, you must remove and destroy all copies of the Application, including all backup copies from all devices you own, possess or control and on which the Application is installed.
You agree that information
provided by you in connection with the Services and Site shall be governed by
the Seattle
Children's Mobile App Privacy Policy which is hereby incorporated
and made a part of this Agreement.
The Application may be subject to United States export control regulations. Without prior authorization from the United States government, you shall not use the Application for, and shall not permit the Application to be used for, any purposes prohibited by United States law, including, without limitation, for any prohibited development, design, manufacture or production of missiles or nuclear, chemical or biological weapons. Without limiting the foregoing, You represent and warrant that: (1) You are not, and are not acting on behalf of, any person who is a citizen, national, or resident of, or who is controlled by the government of, Cuba, Iran, North Korea, Sudan, or Syria, or any other country to which the United States has prohibited export transactions; (2) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (3) You are not, and are not acting on behalf of, any person or entity listed on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons, or the U.S. Commerce Department Denied Persons List, Unverified List, or Entity List or any other U.S. Government list of prohibited or restricted parties unless authorized by license or regulation.
SCH may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches and 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 SCH has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either: (a) the Application 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 Application or portions thereof may not properly operate if you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
The Application may display, include or make available third-party content (including data, information, applications and other products, services and/or materials), including software components and applications provided by Epic Systems Corporation (collectively, “Third Party Materials”). You acknowledge and agree that SCH is not responsible for Third Party Materials, including their accuracy, data use, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Third Party Materials may require you to agree to separate terms and conditions from this Agreement when using or accessing them. SCH does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you, and you access and use them at entirely at your own risk and may be subject to Third Party Materials’ terms and conditions.
(a) The term of this Agreement commences when you install the Application and will continue in effect until terminated by you or SCH as set forth in this Section.
(b) You may terminate this Agreement by deleting the Application and all copies from your Mobile Device.
(c) SCH may terminate this Agreement at any time without notice if it ceases to support the Application, which SCH may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
(d) Upon termination: (i) all rights granted to you under this Agreement will also terminate; and (ii) you must cease all use of the Application and delete all copies of the Application from your Mobile Device.
(e) Termination will not limit any of SCH’s rights or remedies at law or in equity.
We use industry standard physical,
technical and administrative security measures and safeguards to protect the
confidentiality and security of your information. However, since the Internet is not a 100%
secure environment, we cannot guarantee, ensure, or warrant the security of any
information you transmit to us or that we collect through the Application. There is no guarantee that information may not
be accessed, disclosed, altered, or destroyed by breach of any of our physical,
technical, or managerial safeguards. It
is your responsibility to help protect the security of your information.
THE APPLICATION IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, SCH, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, SCH PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
SCH AND ANY THIRD PARTIES MENTIONED ON THIS APPLICATION ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE APPLICATION, APPLICATION-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN OR MADE AVAILABLE THROUGH THE APPLICATION, AND/OR ANY LINKED WEBSITE OR APPLICATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE APPLICATION, APPLICATION-RELATED SERVICES, AND/OR LINKED WEBSITE AND APPLICATIONS IS TO STOP USING THE APPLICATION AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF SCH TO YOU WITH RESPECT TO YOUR USE OF THIS APPLICATION IS $5.00 (FIVE DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.
You agree to indemnify, defend and hold harmless SCH and its officers, trustees, directors, employees, staff, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement. Furthermore, you agree that SCH assumes no responsibility for the content you submit or make available through this Application.
All questions and requests relating to Application support must be directed to SCH. To submit a support request, please email us at digitalhealthinnovation@seattlechildrens.org. The Select Third Parties, as defined below, are not responsible for providing support for the application portions of the Application and may not be contacted for support. SCH will use reasonable efforts to respond to questions and provide support during to you. Please note that we may change or remove functionality and other features of the Application at any time, without notice.
SCH will have no liability for errors, unreliable operation, or other issues resulting from use of the Application on or in connection with rooted or jail broken devices or use on any Mobile Device that is not in conformance with the manufacturer’s original specifications, including, but not limited to, use of modified versions of the operating system (collectively, “Modified Devices”). Use of the Application on Modified Devices will be at your sole and exclusive risk and liability.
Your wireless carrier, the manufacturer and retailer of your mobile device, the developer of the operating system for your mobile device, the operator of any application store, marketplace, or similar service through which you obtain the Application, and their respective affiliates, suppliers, and licensors (collectively, the “Select Third Parties”) are not parties to this Agreement, and they do not own and are not responsible for the Application. SCH, and not any Select Third Parties, is responsible for addressing any claims raised by you or any third party regarding the Application or your use or possession thereof, including, but not limited to, claims related to product liability, legal, or regulatory requirements, and consumer protection or similar legislation. You are responsible for complying with all application store and other applicable Select Third Parties’ terms and conditions. YOU AGREE: (A) THE SELECT THIRD PARTIES DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE APPLICATION, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (B) IN NO EVENT WILL THE SELECT THIRD PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THIS AGREEMENT OR THE APPLICATION, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; AND (C) IN ANY EVENT, THE MAXIMUM LIABILITY OF ANY SELECT THIRD PARTY FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) OF EVERY KIND WILL IN NOT EXCEED FIVE DOLLARS ($5.00); AND (IV) YOU WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST THE SELECT THIRD PARTIES ARISING OUT OF THE APPLICATION AND THIS AGREEMENT. THE THIRD PARTIES ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS AGREEMENT, AND ARE CAPABLE OF DIRECTLY ENFORCING ITS TERMS. NOTHING CONTAINED IN THIS AGREEMENT WILL BE CONSTRUED AS MODIFYING OR AMENDING ANY AGREEMENTS OR OTHER TERMS BETWEEN YOU AND THE SELECT THIRD PARTIES WITH REGARD TO THEIR SUBJECT MATTER. In the event of any claim that the Application or your possession and use of the Application infringes a third party’s intellectual property rights, the Select Third Parties are not responsible for the investigation, defense, settlement, or discharge of the infringement claim.
The Application is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Application as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
All matters relating to the Application and this Agreement (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Washington without giving effect to any choice or conflict of law provision or rule (whether of the State of Washington or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, this Agreement shall be instituted exclusively in the federal courts of the United States or the courts of the State of Washington in each case located in the city of Seattle and County of King, although we retain the right to bring any suit, action or proceeding against you for breach of this Agreement in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
This Agreement constitutes the entire agreement between you and SCH with respect to the Application and supersedes all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. SCH reserves the right, in its sole discretion, to terminate your access to all or part of this Application, with or without cause, and with or without notice. In the event that any provisions of the Agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Agreement shall otherwise remain in full force and effect. This Agreement constitutes the entire agreement between SCH and you pertaining to the subject matter hereof. In its sole discretion, SCH may from time-to-time revise this Agreement by updating this posting. You should, therefore, periodically visit this page to review the current Agreement, so you are aware of any such revisions to which you are bound. Your continued use of the Application after revisions to these Agreement shall constitute your agreement to the revised Agreement.
This Application is provided by Seattle Children's Hospital; digitalhealthinnovation@seattlechildrens.org.
All other feedback, comments, requests for technical support and other communications relating to the Application should be directed to us via email at digitalhealthinnovation@seattlechildrens.org.