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LAST REVISION: SEPTEMBER 14, 2020

 

Purlab, LLC (“Purlab”, “we”, “us”, or “our”) operates this website and mobile application (collectively, the “App”). The App enables you to easily review and receive results of COVID-19 testing provided by Purlab Medical, PA (Purlab Medical”), an independent, physician-owned medical group (the “Service”). The terms “you” and “yours” refer to the person using the App, or in the case of a use of the App on behalf of an individual minor under the age of eighteen (18) or higher age of majority under applicable state law, “you” and “yours” refer to and include the parent or legal guardian who uses the App on behalf of such minor. We offer an online communication platform for Purlab Medical and their patients to connect via the App. You understand and agree that by creating an Account, answering COVID-19 questionnaires, and ordering a COVID-19 test, you consent to having your saliva sample and personal information sent to an independent testing laboratory that is solely responsible for processing your COVID-19 tests. The independent testing laboratory will provide test results to Purlab and Purlab will make results available to you through the App. Neither Purlab nor Purlab Medical can guarantee the accuracy or reliability of these tests. These laboratory tests can provide false negative, false positive, or inconclusive results that could impact your personal health care provider’s ability to correctly diagnose or treat your medical conditions. A failure or defect of these tests could also impact your personal health care provider’s ability to correctly diagnose or treat your medical conditions. Purlab does not provide medical advice or care. Purlab Medical providers are independently contracted or employed by Purlab Medical. Providers are not contracted or employed by Purlab. The providers, and not Purlab, are responsible for the quality and appropriateness of the care they render to you. The providers are independent of Purlab and are merely using the App as a way to communicate with you. Any information or advice received from a provider comes from them alone, and not from Purlab. Your interactions with the providers via the App are not intended to take the place of your relationship with your regular health care practitioners or primary care physician. Neither Purlab, nor any of its subsidiaries or affiliates or any third party who may promote the App or Service or provide a link to the Service, shall be liable for any professional advice obtained from a provider via the App or Service, nor any information obtained on the App. You acknowledge that your reliance on any providers or information delivered by the providers via the App or Service is solely at your own risk and you assume full responsibility for all risks associated herewith. Purlab does not make any representations or warranties about the training or skill of any providers who deliver services via the App or Service.
The content of the App and the Services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by Purlab. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by Purlab, or in connection with any communications supported by Purlab, is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law.

Before using the App and Service, please take some time to review the following basic terms and conditions and the terms of our Privacy Policy (which are incorporated herein by reference), all of the foregoing collectively referred to as the “Terms of Use.” These Terms of Use govern your use of the App and the Service provided via the App. Collection and use of user information under the App is subject to the Privacy Policy. To create an Account and use our Services, you are required to accept these Terms of Use. Purlab reserves the right to change these Terms of Use or to modify any App features or the Service at any time. Users are responsible for regularly reviewing these Terms of Use and we encourage you, therefore, to review them carefully whenever you use the App. If you do not agree with any of the Terms of Use, please do not use the App.

IMPORTANT INFORMATION ABOUT YOUR USE OF THE SERVICE

 

DO NOT USE THIS APP FOR EMERGENCY MEDICAL NEEDS. If you experience a medical emergency, call 911 immediately.

 

1.              Consent to be Bound. By downloading or using the App, you represent and warrant that you are at least eighteen (18) years of age or older. Please see the “Limited Use and Availability” Section for more information regarding use of the Service by minors and applicable limitations on such use. The Service is not intended for individuals under the age of eighteen (18) and individuals under the age of eighteen (18) are prohibited from using all or any part of the Service or entering into this Agreement, even if a parent or legal guardian would be willing to provide consent to use of the Service or this Agreement. Please contact us at info@purlab.com if you are a parent or legal guardian of an individual under the age of eighteen (18) who you believe has used the Service without your consent. You agree to be bound by these Terms of Use and the Privacy Policy that appear on the App. If you do not wish to be bound by these Terms of Use, you may not use the App. Some areas of the App may have additional terms and conditions ("Additional Terms"). Where Additional Terms apply, we will make them available for you to read through prior to your use of that area of the App. By using those areas of the App, you agree to the Additional Terms.

 

2.              Certification of Location. The Service is designed for and intended for users in the United States only. To use the Service, you must be located in one of the jurisdictions in which the Services are available. By agreeing to these Terms of Use, you are certifying that you have and will truthfully represent your location each time you use the Service.

 

3.              ‘Jailbreaking’ the Mobile Operating System. The App is intended for use only on a mobile device that is running an unmodified manufacturer-approved operating system. Using the App on a device with a modified operating system may undermine security features that are intended to protect your personal information from unauthorized or unintended disclosure. You may compromise the privacy and security of your personal information if you use the App on a mobile device that has been modified. Use of the App on a mobile device with a modified operating system is a material breach of these Terms of Use.

 

4.              User Accounts. When you register on the App, you need to create an account (“Account”) by entering your name, email address, password, and certain other information collected by Purlab. You may not transfer or share your Account password with anyone, or create more than one Account. Your privacy is very important to us. Our Privacy Policy explains how we collect, use, protect, and share personal information with others. You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account. You are responsible for changing your password promptly if you think it has been compromised. To change your password go into ‘My Account’ within the App. You may not use anyone else’s account at any time. In no event should you share your username or password with any third party or allow another person to access the Service using your username and password. Please notify us if you have any reason to believe that your username or password has been lost, compromised, or misused in any way. You are fully and solely responsible for any and all use of the Service using your username and password. We reserve the right to revoke or deactivate your username and password at any time. We reserve the right to take any and all action, as deemed necessary or reasonable, regarding the security of the App and your Account. We are not responsible or liable for any damage or loss related to any unauthorized access or use of your Account.

 

5.                 Use of the App and the Service. You are responsible for your use of the App and Service, and for any use of the App or Service made using your account. You understand that it is your duty to provide Purlab truthful, accurate and complete information. By using the Services, you agree to follow all instructions provided to you before, during, and after the delivery of Services, including instructions for COVID-19 testing. Failure to follow all instructions may result in incomplete or inaccurate results and/or potential harm to your health. We prohibit certain kinds of conduct that may be harmful to users or to us. When you use the App or Service, you may not:

·       violate any law or regulation;

·       violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;

·       upload or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;

·       send unsolicited or unauthorized advertising or commercial communications, such as spam;

·       engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Services;

·       transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;

·       impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;

·       attempt to circumvent any technological measure implemented by us or any other third party to protect Services;

·       attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Services;

·       access the Services for use outside of the United States of America; or

·       advocate, encourage, or assist any third party in doing any of the foregoing.

 

6.              Limited Use and Availability.   Our Service is currently only available to individuals who are located in states in which we offer the Service, are at least eighteen (18) years of age or older, or at least the age of majority in their jurisdiction of residence, if higher than eighteen (18), and who have accepted these Terms of Use. Services available through www.purlab.com are not available for individuals who are under eighteen (18) years of age or the applicable age of majority in their jurisdiction of residence. By visiting, accessing, registering with or using the Service, you are (a) representing and warranting to us that you are either (1) at least eighteen (18) years of age or older or at least the age of majority in your jurisdiction of residence, if higher than eighteen, (b) a parent or legal guardian using the Service on behalf of an individual minor who is under the age of eighteen (18) (or such higher age of majority under applicable state law), representing and warranting to us that you are the parent or legal guardian for such minor and have all legal power and authority to use the Service on behalf of the minor, (c) representing and warranting to us that when you use the Service, you are located in the same state as the shipping address you provide in your Account at the time that you order a test kit, (d) agreeing to comply with all applicable laws in visiting, accessing, registering with or using the Service, and (e) agreeing that you will only use the Service for lawful purposes. Our Service is subject to state regulations and may change from time to time due to changes in applicable regulatory requirements.  Certain products available through the Service are subject to additional age restrictions, and not all products or services on our Platform are available to all ages. 

 

7.              Security. Your personal information will be stored in a reasonably secure manner. Purlab has contracted with vendors to implemented a variety of commercially reasonable standard encryption and security technologies and procedures to protect your personal information from unauthorized access. Purlab, through its vendors, also maintains standard physical and electronic procedural safeguards that limit access to your personal information to our employees (or people working on our behalf and under confidentiality agreements) who, through the course of standard business activities, need to access your personal information.

 

8.              Confidentiality and Privacy. You agree that information provided by you in connection with the Services shall be governed by the Privacy Policy, which is hereby incorporated and made a part of these Terms of Use.  Personal information that identifies you or contains protected health information will not be disclosed to any third party without your consent, except as authorized by law for the purposes of consultation, treatment, payment/billing, and certain administrative purposes, or as otherwise set forth in our Privacy Policy. YOU RECOGNIZE, ACKNOWLEDGE, AGREE AND AUTHORIZE PURLAB MEDICAL AND PURLAB MSO TO SHARE YOUR TEST RESULTS WITH (1) YOUR EMPLOYER TO THE EXTENT YOU ARE PARTICIPATING IN TESTING FOR EMPLOYMENT PURPOSES AND/OR (2) THE AN ENTITY THAT PURCHASED THE TEST AND SERVICE ON YOUR BEHALF, INCLUDING BUT NOT LIMITED TO A MINOR’S EDUCATIONAL INSTITUTION FOR PURPOSES OF SCHOOL-BASED TESTING. YOU MAY BE REQUIRED UNDER APPLICABLE LAW TO COMPLETE AN AUTHORIZATION TO USE OR DISCLOSE YOUR MEDICAL INFORMATION TO SUCH THIRD PARTY.

 

9.              User Content. The App and the Service allow you to upload, submit, send, or receive content and data (“User Content”). You retain ownership of any intellectual property rights that you hold in that User Content. Purlab has implemented and maintains appropriate measures in accordance with generally accepted industry standards to (i) protect against any anticipated threats or hazards to the security or integrity of User Content; and (ii) protect against unauthorized access to User Content, in accordance with our Privacy Policy. When you upload, submit, store, send, or receive User Content to or through the App or Service, you give us permission to reproduce and use your User Content as required or permitted by law (including, among other things, reporting positive COVID-19 test results to the applicable governmental authorities). Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. This license is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the App and Service.

 

10.            Operation and Record Retention. By using the App, you understand and agree that Purlab reserves complete and sole discretion with respect to the operation of the App or Service, and that Purlab may, among other things withdraw, suspend or discontinue any functionality or feature of the App or Service. Subject to applicable law, Purlab reserves the right to maintain, delete, or destroy all communications and materials posted or uploaded to the Service pursuant to their internal record retention and/or destruction policies.

 

11.            Notice Regarding Your Financial Responsibility for Services.  Purlab MSO and Purlab Medical are not enrolled with or a participating provider with any third party payor, including, but not limited to, any federal or state healthcare program (i.e., Medicare, Medicaid) for the provision of any healthcare services or supplies and, as such, neither Purlab Medical may receive payment from such programs for the services or products provided to you by Purlab Medical. By choosing to use the Service, you are specifically choosing to obtain products and services on a cash basis outside of any third party insurance (including, but, not limited to, any federal or state healthcare program); provided, however, that you may submit for reimbursement if desired. Purlab Medical and Purlab MSO do not make any representations or guarantees relating to reimbursement for the Service provided hereunder by any third party payor. Thus, to the extent applicable, you are solely responsible for the costs of any service or product provided to you. By agreeing to use the Service, you acknowledge and agree that (1) you are explicitly choosing to obtain products and services outside on a cash basis outside of any insurance program  and you have sole financial responsibility for all services or products provided to you by or through the Service, and (2) neither Purlab MSO or Purlab Medical will submit a claim for reimbursement to any insurance program or third party payor for the costs of the services and products provided to you through the Service.

 

12.            Communications Consent and Communications Risks of Using the App. Communications from applications like the App can be sent to the wrong person, lost, or subject to other sending or security errors. All communications sent over an Internet connection, including through use of the App, are inherently vulnerable to hacking, theft, unauthorized access and/or disclosure, misdirection, loss of data, corruption of data, delays or interruptions in communication, and reductions in quality due to lack of or reduction in broadband access and reliability.  In the event of a technological disruption, an alternative communication pathway may be recommended. Anyone who has access to the App or any electronic communications can read, forward, copy, delete, or change the message, view your personal information and know/assume messages are from us. This includes those with permission to access such messages and those without. By using the App and related electronic communications, and by providing your contact information, such as your address, email address, or mobile/other phone number(s), you consent and are agreeing to receive information and marketing communications from us. You also understand and agree such communications can be electronic and can include but are not limited to: information on our services and programs, surveys, and educational information. You agree you have read and accept the described risks. You also acknowledge and accept that if you allow sharing of the App or related App communications to any third party, they may no longer be protected by our privacy and security policies. You also understand and accept that message/data rates may apply for the messages described in this consent.

 

13.              Access Rights. We hereby grant to you a limited, non-exclusive, non-transferable right to access the App and use the Service solely for your personal non-commercial use and only as permitted under these Terms of Use and the Privacy Policy. We reserve the right, in our sole discretion, to deny or suspend use of the App to anyone for any reason. You agree that you will not, and will not attempt to: (a) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (b) use the App to violate any local, state, national, or international law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the App; (d) distribute viruses or other harmful computer code through the App or (e) otherwise use the App in any manner that exceeds the scope of use granted above.

 

14.              Ownership. The App and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned or used under license by us and are protected by United States and international copyright, trademark, trade secret and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the App for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our App except as generally and ordinarily permitted through the App according to these Terms of Use. You must not access or use for any commercial purposes any part of the App.

 

15.              Trademarks. Certain names, logos, and other materials displayed on the App may constitute trademarks, trade names, service marks or logos (“Marks”) of Purlab or other entities. You are not authorized to use any such Marks without the express written permission of such entities. Ownership of all such Marks and the goodwill associated therewith remain with the owning entities or their authorized licensees.

 

16.              Termination. Purlab may suspend or terminate your use of the App for any reason at any time. Subject to applicable law, Purlab reserves the right to maintain, delete, or destroy all communications and materials posted or uploaded to the App pursuant to its internal record retention and/or content destruction policies. After such termination, Purlab will have no further obligation to provide the Service.

 

17.              Right to modify. We may, at our sole discretion, change, add, or delete portions of these Terms of Use at any time on a going-forward basis. Continued use of the App following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by the revised Terms of Use, inclusive of such changes.

 

18.              Links. This App may contain links to other web sites. Please note that when you click on any of these links, you are entering another web site for which we have no responsibility or control. The inclusion of any link does not imply affiliation, endorsement, or adoption by us of the linked site or any information contained therein. We encourage you to read the terms and conditions, data-gathering practices, and privacy policies of all linked sites as they may materially differ from ours. You agree that we shall not be responsible for any loss or damage of any sort incurred as a result of any such links or as the result of the presence of such links on this App. It is up to you to take precautions to ensure that whatever linked material you select is free of items such as viruses, worms, Trojan horses, and other destructive items.

 

19.              DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY.

THE APP, ITS CONTENT, ANY INFORMATION AVAILABLE ON OR THROUGH THE APP AND THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW. IN ADDITION, PURLAB AND ITS RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES, VENDORS, AND/OR SUPPLIERS (REFERRED TO COLLECTIVELY AS “AFFILIATES”) DO NOT REPRESENT OR WARRANT THAT YOUR USE OF THE APP, OR THE OPERATION OR FUNCTION OF THE APP, ANY COMPONENT THEREOF, OR ANY SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THE APP OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. IN ADDITION, CERTAIN INFORMATION MAY BE UPDATED FROM A SOURCE OTHER THAN PURLAB AND ITS AFFILIATES AND PURLAB AND ITS AFFILIATES DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY OF SUCH INFORMATION. PURLAB AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THE TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY INFORMATION OR CONTENT SUBMITTED OR POSTED ON THE APP, NOR DOES PURLAB ENDORSE ANY OPINIONS EXPRESSED BY OR AFFILIATED WITH ANY USER WHO HAS SUBMITTED CONTENT ON THE APP.

 

PURLAB IS NOT LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY NATURE, RESULTING FROM ANY USE OF OR RELIANCE ON, THE CONTENT, THE APP, MATERIALS OR INFORMATION PROVIDED ON OR THROUGH THE APP, THE SERVICE, OR ANY PRODUCTS OR SERVICE PURCHASED THROUGH THE APP, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, OR LOSS OF DATA, EVEN IF PURLAB HAS BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING SHALL NOT APPLY TO THE EXTENT THAT ANY LIABILITY IS THE RESULT OF PURLAB’ OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

 

YOU ACKNOWLEDGE, BY YOUR USE OF THE APP, THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING, REPAIRS OR REPLACEMENT OF ANY EQUIPMENT, HARDWARE, SOFTWARE, OR DATA YOU USE IN CONNECTION WITH YOUR USE OF THE APP AND THAT PURLAB AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE THE APP.

 

PURLAB AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE APP; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE APP; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE APP BY ANY THIRD PARTY; (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,  EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE APP. THE FOREGOING SHALL NOT APPLY TO THE EXTENT THAT ANY SUCH INJURY OR HARM IS THE RESULT OF PURLAB’ OWN NEGLIGENCE; OR (h) FAILURE TO FOLLOW INSTRUCTIONS PROVIDED BY PURLAB AND ITS AFFILIATES IN THE DELIVERY AND RECEIPT OF SERVICES, INCLUDING BUT NOT LIMITED TO COVID-19 TESTING INSTRUCTIONS.

 

PURLAB AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY THAT THE APP, CONTENT, SOFTWARE, OR ANY PRODUCT/SERVICE OFFERED OR PURCHASED THROUGH THE APP IS APPLICABLE OR APPROPRIATE FOR USE OR ACCESS IN LOCATIONS OUTSIDE OF THE UNITED STATES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PURLAB OR THROUGH THE APP WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS OF USE. IN ADDITION, PURLAB AND ITS AFFILIATES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE APP, ITS CONTENT, THE SOFTWARE AND THE PRODUCTS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PURLAB DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OR SERVICES OFFERED ON THE APP.

 

IN THE EVENT OF ANY PROBLEM WITH THIS APP, THE SERVICE, THE CONTENT OR THE SOFTWARE, YOU AGREE THAT YOUR SOLE REMEDY SHALL BE TO CEASE USE OF THE APP. IN THE EVENT OF ANY PROBLEM WITH ANY PRODUCT PURCHASED THROUGH THIS APP, YOU AGREE THAT YOUR REMEDY, IF ANY, IS FROM THE MANUFACTURER OR SUPPLIER OF THAT PRODUCT OR SERVICE IN ACCORDANCE WITH THE MANUFACTURER'S OR SUPPLIER'S WARRANTY OR TO SEEK A REFUND OR REPLACEMENT IN ACCORDANCE WITH OUR REFUND POLICY.

 

The foregoing disclaimer of implied warranties or liabilities, including the scope and duration of such warranties and the extent of Purlab’s liabilities, shall apply to the fullest extent permitted by law.

20.              Indemnification. You agree to defend, indemnify, and hold Purlab and its Affiliates harmless from and against any and all claims, damages, costs, and expenses, including attorneys' fees, arising from or related to: (a) your or anyone using your account’s use of the App; (b) any information (including your submissions or any other content) that you or anyone using your account submit, post, or transmit through the App; (c) the violation of these Terms of Use by you or anyone using your account; or (d) the violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by you or anyone using your account. Purlab reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we do assume the defense of such a matter, you will reasonably cooperate with Purlab in such defense.

21.              Binding Arbitration. These Terms of Use and your use of the App shall be governed by the laws of the State of New York, without giving effect to the principles of conflict of laws. Any dispute arising under or relating in any way to these Terms of Use will be resolved exclusively by final and binding arbitration in New York, NY under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of  competent jurisdiction, without the posting of bond or other security. The parties agree to the personal and subject matter jurisdiction and venue of the courts located in New York, NY, for any action related to these Terms of Use. You may not act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. You understand that by selecting “Continue as Guest” or "Sign in/Register" on the App home screen, or by checking a box acknowledging these terms, and/or any other forms presented to you on the App, you are consenting and agreeing to these Terms of Use and that such action constitutes a legal signature. No waiver by Purlab of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Purlab to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

This arbitration agreement does not preclude you or Purlab from seeking action by federal, state, or local government agencies. You and Purlab also have the right to bring qualifying claims in small claims court. In addition, you and Purlab retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

22.              Digital Millennium Copyright Act of 1998 (the “DMCA”). We respect the intellectual property rights of others. Please notify us in writing, by email or mail to our designated agent listed below, if you believe that a user of the App has infringed your intellectual property rights. Pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act ("DMCA"). Notice should be sent or emailed to: info@purlab.com.

 

To be effective the notification should include:

 

·            identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

·            identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the App;

·            information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;

·            a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

·            a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and

·            your physical or electronic signature.

 

You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified materials from the App without liability, and the claims of the complaining party and party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the DMCA.

23.              Changes to these Terms of Use. From time to time, we may change these Terms of Use. If we change these Terms, we will give you notice by posting the revised Terms of Use on the App. Those changes will go into effect on the Revision Date shown in the revised Terms of Use. By continuing to use the App or Service, you are agreeing to the revised Terms of Use.

 

BY CLICKING “I AGREE,” CHECKING A RELATED BOX TO SIGNIFY YOUR ACCEPTANCE, USING ANY OTHER ACCEPTANCE PROTOCOL PRESENTED THROUGH THE SERVICE OR OTHERWISE AFFIRMATIVELY ACCEPTING THESE TERMS OF USE, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREED TO BE BOUND BY THESE TERMS OF USE AND CONSENT TO THE SERVICES PROVIDED. IF YOU DO NOT AGREE TO THESE TERM OF USE, YOU WILL NOT BE PERMITTED TO CREATE AN ACCOUNT OR USE THE SERVICE. YOU HEREBY GRANT AGENCY AUTHORITY TO ANY PARTY WHO CLICKS ON THE “I AGREE” BUTTON OR OTHERWISE INDICATES ACCEPTANCE TO THIS CONSENT ON YOUR BEHALF.

 

PLEASE CHECK THE APP FREQUENTLY FOR ANY CHANGES TO THESE TERMS OF USE.