Terms of Use
Effective Date: February 6th, 2020

Welcome to the Web site, www.andorhealth.com, which is owned and operated by Andor Health (collectively, “Andor Health,” “we,” “our,” and “us”).

These terms of use (“Terms of Use”) govern your use of any Web sites that we own and control (“Web site”), any online service, including any Web site or mobile application, that posts a link to these Terms of Use, as well as any interactive features, widgets, plug-ins, applications, content, downloads and other services that we may own and control and make available through any Web site that we own and control (collectively, the “Services”), regardless of how you access or use them, whether via personal computers, mobile devices or otherwise. To the extent that we provide you notice on the Website of different or additional terms of use, those additional terms shall govern your use of the Website.

In addition to reading these Terms of Use, please review our End User License Agreement and Privacy Policy, which apply to your use of our software platform and our collection, use and sharing of your information on the Services. If you do not agree to the terms of our, End User License Agreement, Privacy Policy or these Terms of Use, please do not access or otherwise use this Services or any information or content contained on the Services.

These Terms of Use may be revised periodically at any time. It is your responsibility to review carefully the current terms and conditions of use that govern your continued use of the Services. When we modify these Terms of Use we will update the Effective Date. Your use of the Services following the posting of updated Terms of Use constitutes your acceptance of such new Terms of Use. As a condition of your use of the Services, you warrant that you will not use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or reproduce or distribute any portions of the Services for any commercial use, except as authorized herein.

1. Intellectual Property

The design of this Web site and Services and all content, including the text, information, data, software, scripts, graphics, photos, videos, interactive features, products, materials, services and the like and any trademarks, service marks and logos contained therein (collectively, “Services Content”), are the property of or are licensed by Andor Health and are protected by copyright and other intellectual property laws. Andor Health hereby grants you a limited, non-exclusive, revocable, non-assignable, personal and non-transferrable license to access, view and download the certain Services Content for your personal use, provided that you retain all copyright and other proprietary notices on any permitted copies of the materials. You may not otherwise copy, reproduce, modify, adapt, display, perform, publish, create derivative works of, sublicense, translate, sell, rent, or otherwise exploit the Services or the Services Content. Andor Health reserves all rights not expressly granted in and to the Services and the Services Content. You agree to not engage in the use, copying, or distribution of any of the Services Content, whether manually or by using a robot, scraper, crawler or any other automated device or process, other than as expressly permitted herein or as reasonably necessary to use the Services for its intended purpose, including any use, copying, or distribution of Services Content for any commercial purposes. You will not obtain any ownership interest in the Services Content.

The display of any trade names, trademarks, service marks, logos, or domain names on the Services does not imply that a license of any kind has been granted to you with respect to such trade names, trademarks, service marks, logos, or domain names, except as explicitly stated herein. Any unauthorized downloading, re-transmission or other copying or modification of trade names, trademarks, service marks, logos or domain names may be a violation of trademark laws and could subject you to legal action.

2. Services Use and Restrictions

Any unauthorized use of our Services or Services Content for any purpose is prohibited. Your rights to the Services are given on the condition that you use the Services in accordance with the End User License Agreement and these Terms of Use. You may not ‎use the Services for any unlawful purpose and you may not:

(a) restrict or inhibit others from using the Service;

(b) transmit to or introduce to the Services any viruses, harmful software, or other modifications or ‎changes to the Services or reverse engineer, decompile, disassemble, reverse assemble or modify ‎any Services source or object code or any software or other services or processes accessible ‎through any portion of the Services or Services Content;

(c) submit, upload, email or otherwise transmit any content or other materials, to or through the ‎Website which (a) is threatening, abusive, defamatory, obscene, vulgar, offensive, or otherwise objectionable, or which may harm minors; (b) infringes or violates the rights of others, or (c) has an advertising, political marketing, promotional or other commercial purpose;

(d) engage in any activities that interfere with another user’s access to the Services or the proper ‎operation of the Services; or

(e) distribute or copy any Services Content manually or by using any robot, scraper, crawler, or any ‎other automatic device or process; frame or utilize framing techniques to enclose any Services ‎Content; or use content from our Services in a manner that suggests an unauthorized association ‎with any of our or our licensor’s products, services or brands.

Andor Health has no obligation to monitor your interaction with the Services, but reserves the right to ‎review or monitor the Website in its sole discretion.

3. Modifications to Services and Terms

By providing materials through the Services, Andor Health does not in any way promise that the materials will remain available to you. ANDOR HEALTH RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRODUCTS, SERVICES, AND PRICING, EFFECTIVE IMMEDIATELY UPON POSTING ON OUR SERVICES OR APPLICATIONS OR BY E-MAIL DELIVERY TO YOU.

4. Links to Other Websites

In using the Services, you may find that Andor Health provides hyperlinks to one or more third-party websites (the “Linked Sites”). Andor Health provides these links as a convenience for you and other users but is not responsible for the content of, or links to and from, the Linked Sites. Your linking to these Linked Sites is at your own risk. We encourage you to read the terms and conditions and privacy policies of the respective Linked Sites, should you choose to visit them since your use of those Linked Sites will be subject to their terms of use and privacy policies. A link from the Services does not imply a relationship with, or endorsement of, the Linked Site(s) or its content, purpose, policies, or business practices by Andor Health.

5. United States Operations

Andor Health controls and operates our Services from its offices in the United States, and makes no representation that our Services are appropriate or available for use beyond the United States. If you use our Services from other locations, you are doing so at your own risk and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. We reserve the right to limit the availability of our Services and/or the provision of any Services Content, product, service, or other feature described or available on our Services to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, product, service, or other feature that we provide.

6. Disclaimers

Your access to and use of these Services are at your sole risk. You are entirely liable for your activities. Andor Health does not warrant to the accuracy, completeness, timeliness, availability, usefulness or other characteristics of the Services or any Services Content. This Service and the information on it are provided on an “as is” and “as available” basis. Andor Health makes no representation or warranty of any kind, express or implied, and hereby disclaims all warranties, including any warranties of merchantability, fitness for a particular purpose, or non-infringement. Andor Health does not warrant that the Services is free of viruses, worms, Trojan horses or other harmful components.

Andor Health shall not be responsible or liable, directly or indirectly, for any loss or damage, including any lost profits, lost savings or any indirect, incidental or consequential damages, caused by use of, or reliance on, or inability to use or access, or delays in, or inaccuracies or errors or defects or omissions in, the Services, whether resulting from impaired or lost data, software or computer failure or any other cause, regardless of the claim as to the nature of the cause of action, and even if Andor Health has been advised of the possibility of such damage or loss.

You hereby expressly release Andor Health, its affiliates and their respective officers, directors, employees and agents from any and all liability or responsibility for any damage caused, directly or indirectly, to you or any third party as a result of use of the Services or the Services Content, including any content or file downloaded or accessed. You specifically acknowledge that Andor Health shall not be liable for defamatory, offensive, harmful or illegal conduct of any third party, and that the risk of harm or damage from the foregoing rests entirely with you.

7. Indemnification

You agree to defend, indemnify and hold Andor Health, its affiliates and their respective employees, agents, officers, directors, contractors, suppliers and other representatives harmless from and against all liabilities, damages, demands, settlements, claims, actions, costs and expenses (including reasonable attorneys’ fees) in connection with or arising from your use of this Services and the Services Content or your violation of these Terms of Use. Andor Health may participate in the defense of any claim or action at your expense and any negotiations for settlement. Andor Health reserves the right, on notice to you, to assume exclusive defense and control of any claim or action subject to indemnification by you, without relieving you of your indemnification obligations hereunder. Upon learning of a claim by a third party that your use violates or allegedly violates a third-party’s rights, you agree to promptly notify Andor Health of any such claim. You agree to cooperate with us as reasonably required in the defense of any such claims, and you shall not in any event settle any such claim or matter without the written consent of Andor Health.

8. Severability and Interpretation

If any provision or portion of these Terms of Use is held to be illegal, invalid, or unenforceable, in whole or in part, it shall be modified to the minimum extent necessary to correct any deficiencies or replaced with a provision which is as close as is legally permissible to the provision found invalid or unenforceable and shall not affect the legality, validity or enforceability of any other provisions or portions of these Terms of Use.

9. Applicable Law

These Terms of Use are governed by the laws of the State of Florida without respect to any conflict of laws provisions. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions shall not in any way be affected or be impaired thereby. You agree that any dispute between you and Andor Health arising from your use of this Services shall be brought exclusively in the state or federal courts of competent jurisdiction in the State of Florida.

10. User Comments

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information that you provide to Andor Health are not confidential and you grant us a worldwide, royalty-free license to distribute, publish, modify, edit or otherwise use your submissions. Andor Health shall be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise without any acknowledgement of or compensation to you.

11. Ability to Accept Terms

You affirm that you are the age of majority in your jurisdiction and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. The Services are not intended for children under the age of eighteen (18). If you are under 18 years of age, then please exit now and do not use this Services.

12. Contact Us

If you have any questions regarding our Terms of Use, practices, or your use of our Services, please contact us at:

4190 Millenia Blvd,
Orlando, FL,
32839

[email protected]