General Terms and Conditions
AS OF THE EFFECTIVE DATE, THESE TERMS & CONDITIONS GOVERN YOUR USE OF THE BUNNYCO LLC ONLINE SERVICES. ANY PRODUCTS OR SERVICES LINKING TO THESE TERMS & CONDITIONS ARE ONLINE SERVICES SUBJECT TO THE TERMS HEREOF. THE FORGOING CONSTITUTES NOTICE UNDER SECTION 5.1 BELOW.
IF YOU ARE PARTY TO AN EXECUTED AGREEMENT WITH SYMPTOM DETECTIVE FOR USE OF THE ONLINE SERVICES DATED PRIOR TO THE EFFECTIVE DATE BELOW, YOUR USE OF THE ONLINE SERVICES CONTINUES TO BE SUBJECT TO THE TERMS OF SUCH EXECUTED AGREEMENT UNTIL ITS EXPIRATION OR EARLIER TERMINATION IN ACCORDANCE WITH ITS TERMS. PRIOR VERSIONS(S) OF THESE GENERAL TERMS AND CONDITIONS MAY BE ACCESSED AT THE BOTTOM OF THIS DOCUMENT.
SYMPTOM DETECTIVE IS NOT A HEALTHCARE PROVIDER AND DOES NOT DIAGNOSE OR TREAT MEDICAL ISSUES. SYMPTOM DETECTIVE IS AN INFORMATION MANAGEMENT AND WELLNESS TOOL. PLEASE SEE A LICENSED HEALTHCARE PROFESSIONAL FOR ANY MEDICAL CONCERNS.
Effective Date: Oct 13, 2024
These General Terms and Conditions govern your use of the online services (the “Online Services”) and materials available therein (“Materials”) provided by Symptom Detective. The terms “you” and “your” in uppercase or lowercase shall mean the entity (e.g., company, corporation, partnership, sole proprietorship, etc.) or government agency entering into an Agreement with Symptom Detective. The “Agreement” shall consist of these General Terms and Conditions, the Supplemental Terms and the applicable rates set forth in the Price Schedule.
1. GRANT OF RIGHTS; RESTRICTIONS ON USE
1.1. You and your Authorized Users (defined below in 2.1) are granted a nonexclusive, nontransferable, limited right to access and use the Online Services made available to you. Subject to all applicable provisions of the Supplemental Terms, the rights granted to each Authorized User are as follows:
(a) The right to employ the Service provided by Symptom Detective for the Authorized User’s personal or professional use.
(b) The right to email, fax, download, or make printouts of the results of the Service
(c) Notwithstanding anything to the contrary herein but subject to applicable copyright law, the right to: (1) employ the Service on a commercial website for use by Authorized Users, of merchandise from said website.
(d) Any attempt to copy, transmit, transfer, or otherwise manipulate the software underlying the Service is strictly prohibited.
(e) The Service is protected by copyright, intellectual property laws, and other laws that prevent unauthorized access and use. If you are not an Authorized User, you are not permitted to access or use the Service for any purpose outside the scope of the preceding. If you nevertheless access and use the Service without authorization, your access and use will be governed by these General Terms and Conditions, and you will be liable to Symptom Detective for any breach thereof. Furthermore, you will be responsible for payment to Symptom Detective with respect to such unauthorized use at the rates in the applicable Price Schedule.
1.2. Except as specifically provided in Section 1.1, you and your Authorized Users are prohibited from downloading, emailing, faxing, storing, reproducing, transmitting, displaying, copying, distributing, or using the underlying software of the Service. You may not exploit the goodwill of Symptom Detective, including its trademarks, service marks, or logos without the express written consent of Symptom Detective. Additionally, under no circumstances may you or any Authorized User offer any part of the Service for commercial resale or commercial redistribution in any medium nor may you or any Authorized User use the Service to compete with the business of Symptom Detective.
1.3. All rights, title, and interest (including all copyrights, trademarks, and other intellectual property rights) in the Service in any medium belong to Symptom Detective or its third-party constituents. Neither you nor your Authorized Users acquire any proprietary interest in the Service except the limited rights granted herein.
1.4. Neither you nor your Authorized Users may use the Online Services or materials in any fashion that infringes the intellectual property rights, privacy rights or proprietary interests of Symptom Detective. Your use of the Service must comply with all applicable laws, rules, and regulations.
2. ACCESS TO SERVICES
2.1. Your employees, temporary employees, customers, prospective customers, members, owners, shareholders, and contractors are eligible to access and use the Service (“Eligible Persons”).
(a) You are responsible for all uses of the Service accessed vicariously through you. You will use reasonable commercial efforts to prevent unauthorized use of the Service and will promptly notify Symptom Detective, in writing, if you suspect that any of your Authorized Users have compromised this Agreement.
(b) You represent and warrant on an ongoing basis that you and your Authorized Users: are not Sanctioned Parties; (ii) will not provide access to the product to any Sanctioned Party; (iii) will not access the Product form a country subject to Sanctions List and/or applicable embargoes; and (iv) will not use any Sanctioned Party in any manner in connection with this Agreement. Breach of this clause shall entitle Symptom Detective to terminate the Agreement immediately on written notice, without prejudice to any other rights available by law or contract.
2.2. Accessing or using the Service via mechanical, programmatic, robotic, scripted or any other automated means in strictly prohibited. Unless otherwise agreed to by Symptom Detective in writing, use of the Service is permitted only via individual users engaged in an active user session and may not be collected via automated or robotic methods.
2.3. To comply with local privacy, data protection and other laws, each
2.4. The Service and feature functionality within the Service may be enhanced, added to, withdrawn, reorganized, combined or otherwise changed by Symptom Detective without notice.
3. LIMITED WARRANTY
3.1. Symptom Detective represents and warrants that it has the right and authority to make the Service available to you and your Authorized Users as authorized expressly by this Agreement.
3.2. Except as otherwise provided in Section 3.1, the Service is provided on an “as is”, “as available” basis and Symptom Detective expressly disclaims all other warranties, including, but not limited to, the warranties of merchantability and fitness for a particular purpose.
4. LIMITATION OF LIABILITY
4.1. A Covered Party (as defined below) shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from: (a) the unavailability or interruption of the Service or any features thereof; (b) your or an Authorized User’s use of the Service; (c) the loss or corruption of any data or equipment in connection with the Online Services; or (d) any delay or failure in performance beyond the reasonable control of a Covered Party, including a Force Majeure Event.
4.2. “Covered Party” means: (a) Symptom Detective and any officer, director, employee, subcontractor, agent, successor, or assign of LN; and (b) each third party supplier of Materials, third party alliance entities, their affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of any third-party supplier of Materials or third party alliance entity or any of their affiliates.
4.3. To the fullest extent permissible by applicable law, under no circumstances will the aggregate liability of the covered parties in connection with any claim arising out of or relating to the Service or this Agreement exceed the lesser of your actual direct damages or the amount you paid for the Service in the 12 month period immediately preceding the date the claim arose. Your right to monetary damages in that amount shall be in lieu of all other remedies which you may have against any covered party.
4.4. To the fullest extent permissible by applicable law, neither you nor the Covered Parties will be liable for any special, indirect, incidental, or consequential damages of any kind whatsoever (including, without limitation, attorney’s fees) in any way due to, resulting from, or arising in connection with the Service or this Agreement, or the failure of any Covered Party to perform its obligations. The foregoing limitation of liability shall not apply to a party’s indemnity obligations or to claims or damages arising from your (and your Authorized Users’) infringement of intellectual property or misappropriation of proprietary data belonging to Symptom Detective or its affiliates.
4.5. Notwithstanding anything to the contrary in this Section 4:
(a) If there is a breach of the warranty in Section 3.1 above, then Symptom Detective at its option and expense, shall either defend or settle any action and indemnify and hold you harmless against proceedings or damages of any kind or description based on a third party’s claim of patent, trademark, service mark, copyright or trade secret infringement related to use of the Service, asserted against you by such third party provided: (i) all use of the Service was in accordance with this Agreement; (ii) the claim, cause of action or infringement was not caused by you modifying or combining the Service with or into other products or applications not approved by Symptom Detective; (iii) you give Symptom Detective prompt notice of any such claim; and (iv) you give Symptom Detective the right to control and direct the investigation, defense and settlement of each such claim. You, at the expense of Symptom Detective, shall reasonably cooperate with Symptom Detective in connection with the foregoing. (b) In addition to Section 4.5(a), if the Service or the operation thereof become, or in the opinion of Symptom Detective are likely to become, the subject of a claim of infringement, Symptom Detective may, at its option and expense, either: (i) procure for you the right to continue using the Service; (ii) replace or modify the Service so that they become non-infringing; or (iii) if options (i) or (ii) are not reasonably available terminate this Agreement on notice to you and grant you a pro-rata refund or credit (whichever is applicable) for any pre-paid fees or fixed charges. (c) The provisions of Sections 4.5(a) and (b) shall constitute your sole and exclusive remedy for the respective matters specified therein.
5. MODIFICATIONS & TERMINATION
5.1. These General Terms and Conditions, including the Additional Terms may be changed from time to time as described below or by written agreement. Charges and payment terms may be changed in accordance with the terms of your Price Schedule; all other provisions may be changed by Symptom Detective immediately upon notice to you. If any changes are made to this Agreement, such changes will: (a) only be applied prospectively; and (b) not be specifically directed against you or your Authorized Users but will apply to all similarly situated Symptom Detective customers using the Service. You may terminate this Agreement upon written notice to Symptom Detective if any change to these General Terms and Conditions causes a material degradation in your access to the Service or otherwise materially adversely affects your ability to use or access the Service you were using prior to such change. For termination to be effective under this Section 5.1, written notice of termination must be provided to Symptom Detective within ninety (90) days of the effective date of the change, referencing this Section 5.1 and specifying in reasonable detail the facts and circumstances alleged to have caused such material degradation or materially adverse effect on access to the Service. The effective date of termination shall be thirty (30) days after the date of such written notice of termination, provided that during such 30-day period, Symptom Detective shall have the opportunity to cure the condition or circumstances alleged to constitute such material degradation or material adverse effect on your access to the Service. Continued use of the Service following the effective date of any change constitutes acceptance of the change but does not affect the foregoing termination right. Except as provided above, this Agreement may not be supplemented, modified, or otherwise revised unless signed by duly authorized representatives of both parties. Furthermore, this Agreement may not be supplemented, modified, or otherwise revised by email exchange even if the email contains a printed name or signature line bearing signature-like font. Notwithstanding anything to the contrary, Symptom Detective shall have the right to amend the Agreement (x) to comply with regulatory and/or legal requirements (and changes thereto), (y) for compliance purposes, or (z) to make ministerial or administrative changes to the Agreement, in each case of (x), (y) or (z) above, without giving rise to Subscriber’s right to terminate described above in this paragraph.
5.2. Symptom Detective may terminate this Agreement at any time in accordance with this Section 5.2. You may terminate this Agreement in accordance with this Section 5.2 only if (i) you are under a transactional pricing plan; and (ii) there are no executed agreements in effect between you and Symptom Detective. The effective date of termination shall be 10 days after the receipt of written notice of termination unless a later date is specified in the notice. Symptom Detective may temporarily suspend or discontinue providing access to the Service to any or all Authorized Users in breach of this Agreement without notice and Symptom Detective may pursue any other legal remedies available to it.
5.3. Upon termination of this Agreement, Subscriber’s rights to use or access the Service shall cease and Subscriber shall immediately discontinue use thereof and access thereto by Subscriber or its Authorized Users.
6. PRIVACY AND DATA SECURITY
6.1.You are responsible for the legality of the personal data that you or your Authorized Users provide to us. To the extent that you or your Authorized Users provide personal data to us for account registration or otherwise, the parties acknowledge and agree that we will process such information in accordance with the data protection laws.
7. MISCELLANEOUS
7.1. All notices and other communications hereunder shall be in writing or displayed electronically through the Service by Symptom Detective. Notices shall be deemed to have been properly given on the date deposited in the mail, if mailed; on the date first made available, if displayed in the Services; or on the date received, if delivered in any other manner. Legal notices to Symptom Detective should be sent to marissa@thesymptomdetective.com.
7.2. No party will be liable for any damage, delay, or failure of performance resulting directly or indirectly from a Force Majeure Event. If a Force Majeure Event occurs, the affected party will notify the other parties and make commercially reasonable efforts to mitigate the adverse effects of the Force Majeure Event on its obligations under the Agreement. This Section 7.2 does not excuse Subscriber’s obligation to pay for the Service actually received. As used herein, “Force Majeure” means: a cause which is beyond a party’s reasonable control, including fire, riot, civil disturbance, strike (other than a strike by that party’s employees), embargo, explosion, earthquake, volcanic action, flood, epidemic, pandemic, act of military authority, act of terrorism, act of God, act of the public enemy, government requirement or delay, change in law or regulation, civil or military authority, inability to secure raw materials or transportation facilities, and act or omission of a carrier or supplier.
7.3. The Parties hereto, on behalf of themselves and their heirs, executors, administrators, successors and assigns, agree that any suit, action, dispute or proceeding, whether by claim or counterclaim, brought or instituted by or against any party hereto or any heir, executor, administrator, successor or assign of any party hereto, arising out of, concerning or in any way relating to this Agreement or the use of the Service, or any facts or circumstances in which this Agreement or Service is involved in any way, shall be tried without a jury. Each party hereby knowingly, expressly, voluntarily and intentionally waives its right to a jury trial in any such suit, action, dispute or proceeding to the fullest extent permitted by law.
7.4. Symptom Detective may ask You or certain of Your Authorized Users to provide feedback including, but not limited to, proposed names, survey responses, research study participation, or user experience insights (“Feedback”) about, among other things, its pre-commercial concepts, branding, and/or versions of new or existing products and services (collectively, “Beta Products”). Symptom Detective is free to incorporate and implement any Feedback into Symptom Detective products or services without payment of current or future royalties or compensation. In consideration of Your participation in and access to Beta Product development, You hereby assign to Symptom Detective all rights, title, and interest to Feedback, and, to the extent such assignment is not lawful, You hereby grant Symptom Detective a perpetual, irrevocable, royalty-free, exclusive, transferrable, worldwide license to use Feedback for all purposes and with all products now known or later created. You acknowledge that Feedback not already publicly known when disclosed to Symptom Detective becomes Confidential Information of Symptom Detective. You consent to Symptom Detective recording Your Feedback. You relinquish any rights (including copyright) to the recording and understand the recording may be copied and used by Symptom Detective without further permission by You. Symptom Detective will not use Your name, image or logo in any way endorsing any Symptom Detective products or services without prior written consent from You.
7.5. The failure of you or Symptom Detective to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it later.
7.6. You are liable for all costs of collection incurred by Symptom Detective in connection with failure to pay for the Service, including, without limitation, collection agency fees, reasonable attorney’s fees, and court costs.
7.7. Neither you nor any Authorized User may assign your rights or delegate your duties under this Agreement without the prior written consent of Symptom Detective, which consent shall not be unreasonably conditioned, delayed or withheld. This Agreement and any amendment thereto shall be binding on and will inure to the benefit of the parties and their respective successors and permitted assigns.
7.8. This Agreement shall be governed by and construed in accordance with the laws of the State of Pennsylvania regardless of the law that might otherwise apply under applicable principles of conflicts of law.
7.9. This Agreement will be enforced to the fullest extent permitted by applicable law. If any provision of this Agreement is held to be invalid or unenforceable to any extent, then (a) such provision will be interpreted, construed, and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent and (b) such invalidity or unenforceability will not affect any other provision of this Agreement.
7.10. This Agreement is a commercial agreement between the parties and shall not be deemed a consumer transaction except and solely to the extent expressly required by law.
7.11. This Agreement constitutes the entire agreement of the parties with respect to its subject matter and replaces and supersedes any prior written or verbal communications, representations, proposals, or quotations on that subject matter.
Contact Information
To ask questions or comment about this terms of use and our practices, contact us at:
marissa@thesymptomdetective.com
Symptom Detective 