Terms of Use

These Terms of Use (“Terms“), together with our Privacy Notice govern the access and use by you, whether as an individual or legal entity (“User”, “you”, “your”) of the TailorMed’s website available at https://tailormed.co/, any of its subdomains, related forms, landing pages, and any platform, web application, content, material, product, service or feature (collectively, “Services“), provided by Medical Inc., its subsidiaries and any of its affiliates (“TailorMed”,  “Company”, “us“, “our” or “we”).

By accessing, using or registering  for the Services, you agree to be bound by these Terms in their entirety. Your use of the Services is expressly conditioned upon your compliance with and consent to these Terms. As such, these Terms constitutes a binding legal document between you and the Company.

Please read these Terms carefully before using our Services. If you do not agree to any of the provisions of these Terms, please do not access or otherwise use our Services or any information contained herein.

1. Acceptance of Terms and Conditions

1.1.  Use and access of the Services are void where prohibited by law. By using the Services, you represent and warrant that your use of the Services do not violate any applicable law or regulation, and that you are not a minor as determined by the applicable law in your jurisdiction of residency.

1.2.  These Terms apply to any use of Company’s Services, whether through desktop computers, tablets, or mobile devices. The Company is not responsible for ensuring that the Services are compatible with your device or that all or any part of the Services will operate properly on your device. These Terms shall apply whether access to the Services is through an internet network or any other communication network.

2. Scope of Right of Use and

2.1. The Company hereby grants you a personal, limited, revocable, non-exclusive, non-transferable and non-sub-licensable right to use the Services solely as permitted by these Terms. Except as permitted through the Services, or as otherwise permitted by us in writing, your license does not include the right to:

2.1.1. redistribute, publish, reverse engineer, decompile, disassemble, modify, translate any part of the Services, and/or make any attempt to access or extract the source code of the Services, including without limitation to create derivate works of the source code, or otherwise;

2.1.2. access the Services or any content made available through our Services in order to build a similar or competing website, product, or service, unless otherwise agreed or licensed by us.

2.1.3. reproduce, duplicate, copy or re-sell any part of our Services, unless otherwise agreed by us pursuant to a licensing agreement.

2.1.4. sell, assign, license/sublicense, transfer, distribute, host, lease or otherwise commercially exploit the Services, or any content available through our Services;

2.1.5. make the Services available to any third party through a computer network or otherwise.

2.2. Without derogation from any other restrictions on your use of the Services contained herein or elsewhere in these Terms, you may only use the Services for lawful purposes, and you will not:

2.2.1. use the Services in any way which breaches any applicable local, national or international law or regulation, or in any way that is unlawful or fraudulent.

2.2.2. attempt to gain unauthorized access to the Services (or to other computer systems or networks connected to or used together with the Services).

2.2.3. knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

2.2.4. act in any manner that could interfere with, damage, disrupt, or negatively affect, or inhibit other users from fully enjoying the Services or that could damage, disable, overburden, or impair the functioning of the Services in any manner.

2.2.5. use the Services (including any webpage or data that passes through our web domain), domain names, URLs, databases, functions or its content other than for private, non-commercial purposes.

2.2.6. use of any automated system, software, or manual process, whether operated by a third party or otherwise, to extract any data from Services absent our written consent.

2.2.7. act in any way which would infringe ours, or any person or entity’s intellectual property, or any other proprietary rights.

2.2.8. attempt to harvest, collect, gather or assemble information or data regarding the Services, its content or any other user of the Services.

2.2.9. you will not solicit another person’s password or personal information under false pretenses;

2.2.10. you will not impersonate another person or entity or otherwise misrepresent your affiliation with a person or entity, and/or use or access another user’s account or password without permission;

2.2.11. you will not violate the legal rights of others, including defaming, abuse, stalking or threatening users;

2.2.12. you will not publish falsehoods or misrepresentations, including with respect to any medical or health information; and

2.2.13. violate any applicable law, rule or regulation.

2.3. The Company shall not be responsible for any telecommunications networks and internet access services and other consents and permissions required in connection with your use of the Services. The Company shall not be responsible for any access and service fees necessary to connect to the Services and assume all charges incurred in accessing such systems.

2.4. These Terms will govern any upgrades provided by the Company that replace or supplement the original Services, unless such upgrade is accompanied by a separate agreement in which case the terms of that agreement will govern.

3. Intellectual Property

3.1. The Company owns (or has valid authorizations or licenses required for) and reserves all rights, titles and interests in the Services, as well as the materials provided, including all worldwide intellectual property rights in the Services, the trademarks, service marks, and logos contained therein (subject to such trademarks, service marks, and logos which are expressly denoted as belonging to third parties), “TailorMed”, the TailorMed logo, and other marks of TailorMed or its affiliates. No title to or ownership of any proprietary rights related to the Services is transferred to you pursuant to these Terms. All rights not explicitly granted to you are reserved by TailorMed to the fullest extent permitted under any applicable law. In addition, we will own any intellectual property in respect of features or functionalities of the Services that are based on your suggestions, improvements, recommendations, or feedback. You hereby grant the Company a royalty-free, worldwide, transferable, sublicensable license to use the data inputted by you for the purpose of using the Services or facilitating the use of the Services, including without limitations, any feedback, recommendation, comments, suggestions, modifications, enhancements, improvements or other changes to the Services provided by you to enable us to provide the Services or to incorporate the feedback into the Services.

3.2. The Company owns and reserves all rights in all other content, including but not limited to the information, documents, articles, brochures, descriptions, products, images, pictures, graphics, photographs, animations, videos, music, audio, interactive features, software and text available through the Services and the hardware, software and other items used to provide the Services. The content is protected by copyright or other intellectual property rights.

3.3. Except as expressly permitted herein, you may not copy, modify, duplicate, distribute, display, perform, sublicense, decode, decompile, reverse engineer, translate, port, republish, retransmit, reproduce, create derivative works of, transfer, sell or otherwise use the Services, any content appearing through the Services, or any material that is subject to our proprietary rights. You may not use any of the foregoing to create any software or service similar to the Services.

3.4. You may not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices from any portion of the Services. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of the Company or any third party.

3.5. You may not or attempt to (a) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content; (b) use any robot, spider, website search or retrieval service, or any other manual or automatic device or process to access, retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Services; or (c) harvest, collect or mine information about users of the Services.

3.6. You hereby acknowledge that by using the Services you do not obtain any rights in the trademarks, the content, patents, trade secrets or any other intellectual property rights in the Services and those are and will remain solely the property of the Company.

4. No Warranty; Disclaimers

THE SERVICES, INCLUDING ANY RESULTS OR OUTPUT DERIVED FROM THE USE OF THE  SERVICES, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY MAKES NO – AND SPECIFICALLY DISCLAIMS ALL- WARRANTIES OR REPRESENTATIONS, OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY (WHETHER BY LAW, STATUTE OR OTHERWISE), INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT OR IMPLIED WARRANTIES AND CONDITIONS OF USE,  MERCHANTABILITY,  SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, RELIABILITY, ACCURACY OF THE SERVICES AND ANY INFORMATION AND RESULTS THAT MAY BE DERIVED THEREFROM, OR NON-INFRINGEMENT OF APPLICABLE LAWS AND REGULATIONS.  AND ANY WARRANTY ARISIBG OUT OF AND COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. THE COMPANY MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, EXPECTATIONS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES WILL BE FREE FROM HARMEFUL COMPONENTS, VIRUSES OR BUGS OR THAT DATA AND CONTENT OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, SECURE OR CURRENT. YOU ACKNOLWLEDGE AND AGREE THAT USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND SOLE RISK AND THAT THE ENTIRE RISK AS TO THE RESULTS, QUALITY, CONTENT AND PERFORMANCE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY RESULTS OR OUTPUT DERIVED FROM THE USE OF THE SERVICES, ANY DAMAGES TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR DATA STORED ON IT, SOLELY LIES WITH YOU, AND THE COMPANY SHALL NOT BE RESPONSIBLE FOR, AND SHALL NOT BE HELD LIABLE, IN ANY WAY, FOR ANY DAMAGE OR LOSS THAT MAY BE CAUSED, EITHER DIRECTLY OR INDIRECTLY, DUE TO THE USE OF THE SERVICES.

THE COMPANY IS NOT PROVIDING ANY MEDICAL ADVICE OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER IN RESPECT OF THE SERVICES. INFORMATION REGARDING MEDICATIONS, HEALTH, MEDICAL ADVICE AND OTHERWISE MAY BE PROVIDED BY THIRD PARTIES. WE CANNOT ACCEPT ANY LIABILITY WHATSOEVER IN RESPECT OF ANY SUCH THIRD PARTY SERVICES.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT WHEN USING THE SERVICES, YOU MAY FIND THAT ACTUAL CONDITIONS DIFFER FROM THE INFORMATION PROVIDED REGARDING OUR SERVICES OR ANY OTHER REPRSENTATIONS AND INFORMATION THAT IS DELIVERED TO YOU IN THE COURSE OF YOUR USE OF THE SERVICES, SO EXERCISE YOUR INDEPENDENT JUDGEMENT.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

5. Limitations of Liability

5.1. You agree that you are free to choose whether to use the Services and do so at your sole option, discretion and risk.

5.2. YOU ACKNOLEDGE AND AGREE THAT, TO THE MAXIMUM EXTEN PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY (INCLUDING, WITHOUT LIMITATION, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS AND AGENTS) BE LIABLE FOR ANY PERSONAL INJURY OR ANY DIRECT, PUNITIVE, INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR LOSSES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF REVENUE BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF,  INABILITY TO USE THE SERVICES, OR IMPROPER USE OF THE SERVICES, HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, WARRANTY, OR OTHERWISE) AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE FORM OF ACTION OR THEORY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE COMPANY MAY CHANGE THE SERVICES, IN WHOLE OR IN PART IN ITS SOLE DISCRETION WITHOUT NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU WHATSOEVER IN CONNECTION THEREWITH. THESE LIMITATIONS WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

5.3.  THE OCCURRENCE OR REALIZATION OF ANY OF THE OBJECTIVES, STATEMENTS, OR FUTURE RESULTS DESCRIBED IN THE SERVICES, DEPENDS ON VARIOUS FACTORS, RISKS, ASSUMPTIONS, UNCERTAINTIES AND OTHER EVENTS, WHICH ARE NOT WITHIN THE COMPANY’S CONTROL. IN LIGHT OF THE ABOVE, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY OF THE OBJECTIVES OR RESULTS DESCRIBED IN THE SERVICES WILL OCCUR OR BE ACHIEVED, AND SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN THEIR OCCURRENCE. YOUR USE OF THE SERVICES AND INFORMATION PROVIDED IS ENTIRELY AT YOUR OWN RISK, AND THE COMPANY SHALL HAVE NO LIABILITY WHATSOEVER ARISING FROM SUCH USE. IT SHALL BE YOUR OWN SOLE RESPONSIBILITY TO ENSURE THAT ANY PRODUCTS, SERVICES OR INFORMATION AVAILABLE THROUGH THE SERVICES MEET YOUR SPECIFIC REQUIREMENTS.

5.4. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS OR AGENTS, RELATING TO THE SERVICES UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, WILL BE LIMITED TO USD 100. THE LIMITATIONS AND EXCLUSIONS APPLY REGARDLESS OF WHETHER THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE.

YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

5.5. You confirm that the Company shall not be liable to you or any third party for any modification to, suspension of or discontinuance of the Services.

6. Indemnification

To the extent permitted by law, you will defend, indemnify and hold harmless the Company, its affiliates and each of their officers, employees, agents, contractors, directors, service providers, representatives and suppliers from any and all claims, demands, losses, liabilities and expenses (including, without limitation costs and reasonably attorneys’ fees), including, but not limited to, with respect to third party claims that arise from or related to: (i) your access, use or misuse of the Services, (ii) your breach of any provision of these Terms or of any applicable law, contract, policy, regulation or other obligation; (iii) your violation of the rights of any third party including without limitation any copyright, property, publicity or privacy right, and (iv) your negligence, willful misconduct, or fraud.

The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and fully cooperate with the Company in connection therewith. You agree not to settle any such claim without the Company’s prior written consent. The Company will use reasonable efforts to notify you of any such claim or demand that is subject to your indemnification obligation. These indemnification obligations will survive any termination of these Terms or your use of the Services.

7. Disclosure

We reserve the right to access, read, preserve, and disclose any information that we obtain in connection with the Services, and your use thereof, as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce these Terms, including to investigate potential violations of them, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of TailorMed, its users or the public.

8. Breach of our Terms

We take all breaches of our Terms seriously. If we consider that a breach of these Terms has occurred, we may, at our sole discretion, take such action as we deem appropriate, which may extend to any one or all of the following (without limiting any right or remedy available to us under applicable laws):

• The immediate suspension or permanent removal of your right to use our Services;
• Issuing a warning to you;
• Legal action against you, which may extend to legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; and
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude any and all liability for all actions we may take in response to breaches of our Terms. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

9. Third Party Websites, Applications and Ads

The Services may contain links to websites, services applications and/or display advertisements, that are not owned or maintained by the Company (collectively, “Third-Party Links, Applications and Ads”). Such Third-Party Links, Applications and Ads are provided for your convenience and information only, and Company does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links, Applications & Ads. Third-Party Links, Applications and Ads are not under the Company’s control and the Company is not responsible for any content or accuracy of those Third-Party Links, Applications and Ads. Your interaction with Third-Party Links, Applications and Ads, and your use of, and reliance upon, any Third-Party Links, Applications and Ads is at your sole discretion and risk.

You acknowledge and agree that TailorMed (and its owners, employees, agents, affiliates, and/or licensors) are not liable for any loss or damage which may be incurred by you as a result of the availability of those external Third-Party Links, Applications & Ads, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such Third-Party Links, Applications and Ads. We recommend you to be aware when you leave our Services and encourage you to read the terms and conditions and privacy policy of each Third-Party Links, Applications & Ads that you visit or use. If you have any query or complaint regarding Third-Party Links, Applications and Ads, you agree to contact the Third-Party Links, Applications and Ads directly.

10. Collection of Information

When using the Services, some personal data Is collected about you. In addition to these Terms, your use of the Services is also subject to our Privacy Notice, which informs you of our policies and procedures regarding the collection, use and disclosure of information we receive when you use our Services.

11. Newsletters and Communications

The transmission of such information, and our use and collection of the information we collect within that course, including the manners for opting out of such subscription, is as prescribed in our Privacy Notice.

12. Payments to TailorMed

Except as expressly set forth in these Terms, your general right to access and use the Services is currently for free, but TailorMed may in the future charge a fee for certain access or usage. You will not be charged for any such access or use of the Services unless you first agree to such charges, but please be aware that any failure to pay applicable charges may result in you not having access to some or all of the Services.

13. Information Description

We attempt to be as accurate as possible. However, we cannot and do not warrant that the content and information available through the Services is accurate, complete, reliable, current, or error-free. We reserve the right to make changes to the content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the content. Your use of the content and Services, or any part thereof, is made solely at your own risk and responsibility.

14. Medical Advice Disclaimer

DISCLAIMER: THE SERVICES DO NOT PROVIDE MEDICAL ADVICE.

The information provided through the Services, including but not limited to, text, graphics, images, links, and other materials, is intended solely for informational and educational purposes, and not for the purpose of rendering medical advice. You agree that the Services do not provide medical advice and are not a substitute for professional medical advice, diagnosis or treatment, including, a visit, call or consultation. No material provided through the Services is intended to be substitute for professional medical advice, diagnosis, or treatment. Always consult with a licensed physician or other medical care provider. Always seek the advice of your physician or other qualified health provider if you have questions regarding a medical condition. Never disregard medical advice or delay seeking it because of something you have read through our Services. Your use of the Services does not create a doctor–patient, therapist–patient, or any other healthcare professional relationship between you and TailorMed.

15. Export Restrictions

Except as authorized by U.S. and Israeli law and the laws of the jurisdiction in which the Service was obtained or is used, you may not use, export or re-export the Service. Specifically, and without limiting the foregoing, the Service may not be exported or re-exported into any U.S. or Israel embargoed countries or to anyone on the U.S. Department of Commerce Denied Person’s List or Entity List or the U.S. Treasury Department’s list of Specially Designated Nationals.

By using or otherwise accessing the Services, you represent and warrant that you are not on any such list or located in any such country and that you will not use the Service for any purposes prohibited by U.S. or other applicable law.

16. Governing Law

16.1. These Terms are governed by, and interpreted in accordance with, the applicable laws of the State of New York, United States, without giving effect to any conflict or choice of law provisions.

16.2. All disputes between the parties related to these Terms, or the Services shall be brought exclusively to the courts located in the State of New York, New-York City, and hereby waive any jurisdictional, venue, or inconvenient forum objections to such courts.

16.3. Notwithstanding the foregoing, the Company may initiate legal proceedings to collect payment in any country where you or your entity is located and/or seek injunctive relief to preserve its rights or to enjoin a violation of these Terms, in any relevant jurisdiction.

17. Minors

The Services are not intended for use by Minors (as determined under the applicable laws where the individual resides; “Minors“). We do not knowingly collect personal information (as such term is defined in our Privacy Notice) from, and/or about Minors. You may not use the Services if you are a Minor, nor may you provide us with information about yourself without the involvement of a parent or legal guardian. If you are using the Services for the benefit of a Minor, you must first obtain the parent’s or legal guardian’s permission, including their consent to our Privacy Notice, before providing any information relating to that Minor. If we believe that the Services are being used by, for, or on behalf of a Minor without the proper permissions, we may request proof of age. If we discover that a Minor is using the Services without the required consent, we will block that user’s access and will take reasonable steps to promptly delete any associated personal information. If you become aware that your child who is a Minor, has used the Services or that someone has used them on behalf of your child without your consent, please contact us, so we can take steps to remove the Minor’s information.

18. Term and Termination

18.1. These Terms commence upon your first use of the Services and will remain in effect until terminated or expired. These Terms can be terminated by either you or us.

18.2. The Company may, at any time and at its sole discretion, change the operation of the Services (in whole or in part) including by way of updates, new releases, patches, bug fixes, modifications, revisions, and other improvements to the Services that the Company deems fit; Company may also suspend or terminate, temporarily or permanently, the operation of the Services, your account and these Terms; all without prior notice and with or without cause (including, without any limitation, for a breach of these Terms). TailorMed shall not be liable to you or any third party for termination, changes, or suspension of the Services, or any part thereof. You agree and acknowledge that the Company shall not be liable for any data loss or damage resulting from or related to its decision to suspend, change or terminate the Services operation.

18.3. Upon termination of these Terms, (a) you shall cease all use of the Services; and (b) the rights granted to you in these Terms will end.

18.4. The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the foregoing, the Intellectual Property rights, Disclaimers of Warranties, Indemnification, Limitation of Liability, Governing Law and Jurisdiction and General sections, will survive the termination or expiration of these Terms.

19. General

19.1. Severability. If any provision of these Terms is held to be invalid, illegal or unenforceable for any reason by a court of competent jurisdiction, the provision shall be modified to the extent necessary to make it enforceable while, to the maximum extent possible, reflecting the intent of the parties, and, in any event, shall not affect the validity and enforceability of the remaining provisions of these Terms, which shall remain in full force and effect.

19.2. Waiver. No failure or delay on our part in exercising any right or remedy under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy.

19.3. No Third-Party Rights. Unless otherwise expressly stated, nothing in these Terms shall create or confer any rights or any other benefits to third parties. No other person or entity shall have any rights to enforce or rely on these Terms, whether as a third-party beneficiary or otherwise.

19.4. Relationship. You and TailorMed are independent contractors. Nothing in these Terms shall be construed as creating any agency, partnership, joint venture, trust arrangement, fiduciary relationship, employment relationship or any other form of joint enterprise between you and the Company. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of TailorMed.

19.5. Entire Agreement. These Terms constitute the entire agreement between the Company and you relating to your use of the Services and supersedes any and all prior or contemporaneous agreements, understandings, or representations, whether in writing or oral between the Company and you in relation to the same subject matter. You confirm that, in agreeing to accept these Terms, you have not relied on any statement, representation, or warranty except those expressly set out in these Terms. You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law.

19.6. Assignment. The Company reserves the right to transfer, assign, sublicense, delegate or pledge its rights and/or obligations under these Terms, in whole or in part, without your consent, notice or liability to you. You may not transfer, assign, sublicense, delegate or pledge in any manner whatsoever any of your rights or obligations under these Terms without the Company’s prior written consent. Any purported assignment or delegation made contrary to this section will be null and void.

20. Changes to these Terms

Company may, at its sole discretion, change, revise, update or modify these Terms. Any such change will become effective upon the date on which it is posted. You are solely responsible for checking these Terms on an ongoing basis to ensure that you agree with the updated Terms. You can easily discern if any changes have been made in the Terms by checking the “Last Updated” date at the top of the Terms. By continuing to access or use the Services you agree to be bound by the revised Terms. If you do not agree with our changes to the Terms, you may not continue to access and use our Services.

21. Contact Information

If you have any questions, complaints or comments about the Terms, the Services, or about the Company in general, please contact us at:

Phone: (800) 910-9801

Email: [email protected]

Please note that depending on the nature of your inquiry, and in order to allow the appropriate handling thereof, we may request that you provide additional information.