You acknowledge that while we may have branded ‘iBirth’ with the name of our licensee of the application, being a participating practitioner, practice group, hospital or health system (the “Health System”), the use and operation of the ‘iBirth’ application is controlled solely by LULA B LLC and not the Health System. Accordingly, you agree to look solely to LULA B LLC and not the Health System with respect to your technological use of ‘iBirth’, its operation and LULA B LLC’s obligations, including data security, under these terms and conditions of such use.
Disclaimer About Medical Content
The information and reference materials contained in ‘iBirth’ are intended solely for the general information of the user. It is not to be used for treatment purposes. The information presented here is not intended to diagnose health problems or to take the place of professional medical care. The information contained herein is neither intended to dictate what constitutes reasonable, appropriate or best care for any given health issue, nor is it intended to be used as a substitute for the independent judgment of a physician for any given health issue. Users should remember that a major limitation of information available from resources like ‘iBirth’ is that it does not take into account the unique circumstances that define the health issues of the user. If you have any health problems or if you have any healthcare related questions, you should consult your health care provider promptly. You agree to read and abide by the complete terms of this agreement. Informational content or suggestions contained in ‘iBirth’ do not necessarily represent the opinions of LULA B LLC or the Health System.
Commitment to Data Security
Personally identifiable information that you may input into the ‘iBirth’ application, if any, will be stored on our secure servers. Only our authorized employees, agents and contractors (who have contractually agreed to keep information secure and confidential) have access to this information, consistent with our making the application available to you. We are solely responsible to you for security of your data. We will not share, sell or otherwise make your information available to third parties, other than our agents and subcontractors in providing the ‘iBirth’ application and services to you. All communication or emails from LULA B LLC allow you to opt out of further contact.
When information has been received by LULA B LLC as part of your use of the ‘iBirth’ application, it will be maintained in a secure environment. LULA B LLC strongly recommends that you only use secure systems and password protected internet connections for uploading, emailing, or otherwise making available any information you wish to add to the iBirth application as the security of the method used to upload the information is your sole responsibility. By using this application, you hereby acknowledge that you understand and accept the risk that any information you upload in a manner that is not secure may become available to third parties as a result of your actions, and you indemnify and hold harmless LULA B LLC and its licensees from any claim or demand related to that risk.
Disclaimer About Using Tools
Use of ‘iBirth’ and/or its ‘Tools’ is under the discretion of the user and does not replace formal advice from a doctor or health care provider. The user assumes all risk associated with using the tools. No liability will be assumed by the developers. Users must agree to the stated terms and conditions to utilize the tools.
Disclaimer About Liability
The user assumes all responsibility and risk for the use of the ‘iBirth’ application or the ‘iBirth website’. Under no circumstances shall ‘iBirth’, ‘LULA B LLC’ or its contributors/employees or anyone else involved in creating or maintaining the ‘iBirth’ application be liable for any DIRECT, INDIRECT, INCIDENTAL, SPECIAL or CONSEQUENTIAL DAMAGES, or LOST PROFITS that result directly or indirectly to you or your pregnancy from the use or inability to use the application or its associated web site and/or any other web sites which are linked to site – or that result directly or indirectly from mistakes, omissions, interruptions, deletion of files, viruses, errors, defects, or any failure of performance, communications failure, theft, destruction or unauthorized uses. Informational content or suggestions contained in ‘iBirth’ do not necessarily represent the opinions of ‘LULA B LLC’.
Copyright and Trademark Notices
As between you and LULA B LLC, all content such as but not limited to text, images, and models contained in the ‘iBirth’ health information software and/or the associated website are property of ‘LULA B LLC’ or its licensors. Copyright LULA B LLC. All rights reserved. No duplication or reproduction of content is permitted without express written authorization from LULA B LLC. Any rights not expressly granted herein are reserved. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Disclaimer of Warranties
LULA B LLC does not warrant that the ‘iBirth’ health information application software is error free; nor does LULA B LLC make any warranty as to the results to be obtained from use of the software or content. The software and content are distributed on an “as is” basis. LULA B LLC and their respective agents do not make any warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, with respect to the software or content.