1. Accessing Our Services

1.1 Public Services

We make some Services available without registering or obtaining a password. We call these “Public Services.” You may make personal, non-commercial use of the Public Services so long as you comply with these Terms. This personal use includes linking to information appearing in the Public Services, provided you do not represent yourself as an employee, agent or representative of LYBL, Inc. Personal use also includes temporary caching by your browser or a proxy server.

If you operate a free, public search engine that has made a public commitment to adhering to the robots.txt protocol, together with our Sitemaps and Crawl-delay directive (collectively, the “Protocol”), you may crawl, index and publish hyperlinks (including so-called “deep links”) to the Public Services, so long as (i) you do so in compliance with the Protocol instructions published in applicable locations on our Services, (ii) you do not directly or indirectly receive remuneration in connection with the provision or display of said hyperlinks and cached pages, and (iii) if your user-agent is disallowed by us in our Protocol instructions or we otherwise notify you in writing, you shall cease all crawling of our Services.

We reserve all rights not expressly granted to you. This means that if you wish to use the Public Services in a way that is not authorized above, you must receive our permission prior to such use.

1.2 Protected Services

Some of our Services are protected by technical measures intended to safeguard the confidentiality, integrity and accessibility of sensitive information our users store and share using our Services. We call these “Protected Services.” One such safeguard is requiring each user to be authenticated by means of authorization (which we call, “Credentials”), such as unique identifiers, API keys, passwords, and the like.

If you sign up for one of our Protected Services you may be asked to agree to a user agreement (your “User Agreement”). In the event of a conflict between the terms of your User Agreement and of these Terms, the terms of your User Agreement shall control.

Your Credentials are unique to you. You should immediately notify us if your Credentials have been stolen or compromised. You are responsible for all activities that occur under your Credentials until you have properly notified us. Further, you represent, warrant and covenant that:

• The information you submit in obtaining your credentials is complete and accurate and identifies you and the name of each of your Principals;
• You will not share your Credentials with anyone else;
• You will not circumvent, or attempt to circumvent, any technical measures that we have put in place to safeguard the Protected Services;
• You will not, without our prior written approval, access or use any portion of the Protected Services other than with (i) a commercial browser, (ii) an application made for mobile or handheld device(s) that is developed and distributed by us, or (iii) our API using Credentials issued to you directly by us; and
• You will not access or use a Protected Service without validly-issued active Credentials.

We reserve the right to suspend or terminate your access to any Protected Service at any time, with or without cause or notice.

1.3 Additional Safeguards

To further protect the confidentiality, integrity and availability of the information housed and shared on our Services, you agree that you will not, nor will you attempt to:

• Access, use or disseminate our Services in a manner that violates any applicable law or regulation or the rights of any individual or entity;
• Sell or transfer any information included in our Services or use such information to market any product or service;
• Probe, scan or test the vulnerability of our Services, or circumvent any security or authentication measures;
• Disable, bypass, defeat or otherwise circumvent any technical measures we have implemented to safeguard our Services;
• Introduce any software, code or other device that permits unauthorized access or disables, damages or interferes with the operation of our systems;
• Disassemble, decompile or reverse engineer our Services;
• Harvest, retrieve, index or publish any portion of our Services unless you are a Public Search Engine engaging in Public Search Services;
• Disable or circumvent our API usage safeguards;
• Remove any copyright, trademark or other proprietary rights notices contained in or on our Services; or
• Engage in any activity other than those expressly permitted in these Terms and your User Agreement(s).

1.4 Use of the Services by and on Behalf of Minors

You are not eligible to use our Services unless you are at least 18 years old and otherwise have the legal capacity to enter into a binding contract in your jurisdiction. If you are the parent or guardian of an unemancipated minor, you may use the Services and enter into a User Agreement on behalf of such minor. Under no circumstances may our Services be used by a child under 13 years old.

1.5 United States Only

Access to our Services is administered in the United States and is intended for users in the US. You may not use our Services in any jurisdiction where offering, accessing or using our Services would be illegal or unlawful.

2. Nature of the Content

2.1 Overview

Our Services may include text, data, graphics, images, video or other content (collectively, “Content”) created by us or third parties, including other users, professionals, partners, advertisers, sponsors, consumers and governmental agencies. The content is provided for general informational purposes, but should not be relied upon for personal, professional, medical or regulatory decisions. We do not ensure the completeness, timeliness or accuracy of the content.

2.2 Blog Posts; Ratings; Surveys; Comments; User-Submitted Content

Our services may allow you to access blogs, message boards, chat services, surveys and other forums where various users can share information, opinions, chats and other Content. We generally do not pre-screen or monitor user-submitted Content. Our Services may also include survey results, ratings or testimonials (“Evaluations”) from patients, clients or other customers of healthcare professionals. Such Evaluations are anecdotal first-hand accounts and are neither professional judgments nor the product of medical science. They do not constitute or imply our endorsement or recommendation of any Professional.

2.3 Directories: Physicians, Consultants, and Other Professionals

Our Services may include listings and directories to help you find Professionals. The Directories are provided for your convenience and are not comprehensive. We do not evaluate any Professional and the listing of a Professional does not constitute a recommendation. Before obtaining services or treatment from any Professional listed in a Directory, you should take the same care you would under any other circumstance, including confirming licensure and specialty certifications.

2.4 Advertising

Our Services may include advertisements or promotional messages sponsored by third parties. The manufacturers, services providers, distributors and resellers of the products and services identified in the ads are solely responsible for their accuracy and the suitability, efficacy, safety and quality of such products or services. An ad does not constitute or imply our recommendation or endorsement of such product or service.

2.5 Links to Other Sites

Our Services may contain hyperlinks to websites operated by third parties. Such links do not constitute or imply our endorsement of such third parties, or of the content of their sites, or the suitability, efficacy, safety or quality of their products or services.

2.6 No Medical Advice

Some Content may include health- or medical-related information. Such Content is provided for general informational purposes only. We do not directly or indirectly practice medicine, render medical advice, or dispense medical services via our Services, and nothing contained in our Services should be intended to be a medical diagnosis or treatment. No medical professional/patient relationship is created by your use of our Services. Always seek the advice of your physician or other qualified health professional with any questions you may have regarding a medical condition, and never disregard professional medical advice or delay seeking treatment. If you think you may have a medical emergency, call your healthcare professional or your local emergency number (usually 911) immediately.

2.7 Clinical Decision Support Information

If you are a Professional, the Content may include information to assist you in clinical decision-making. This may include information concerning drug interactions, allergies, dosages, as well as general healthcare related information and resources. The information and materials available through our Services are for informational purposes only and are not intended to constitute professional advice, diagnosis or treatment, or to substitute for your professional judgment.

2.8 No Legal or Regulatory Advice

Some Content may include regulatory related information. Such Content is provided for informational purposes only. We are not providing legal or regulatory advice and no attorney/client relationship is created by your use of our Services. Always seek the advice of your attorney or advisor with any questions you may have regarding a law, regulation, or dispute.

3. Your Interactions and Communications

3.1 Visiting Our Websites; Signing-Up for Our Services; Emailing Us

When you sign-up for or log-in to one of our Protected Services, or when you submit information on a web form or email or instant message us, you are communicating with us electronically. When you visit our websites, we and certain third-party service providers collect information during your visit. The nature of the information we collect, the duration and manner of how we retain it, how we use it, and to whom we disclose it, is governed by our Privacy Policy or Patient Privacy Policy, as the case may be.

You agree that all agreements, notices, authorizations, disclosures and other communications that we provide to you electronically satisfy any and all legal requirement(s) that such communications be in writing.

3.2 Your Participation in Our Public Forums

We may offer one or more forums for the exchange of information among our users. You acknowledge that any Content that you submit in any of our forums is available to the public. We are under no obligation to display any of your Content, and we reserve the right to remove or edit your Content at any time.

Your participation in our Public Forums is contingent on your acknowledgment and agreement with the following:

• You will only disclose information about yourself on a Public Forum that you consider suitable for public disclosure. We strongly recommend that you refrain from disclosing any sensitive information, including information about any medical condition.
• You will not violate the privacy rights of others, including disclosing information about anyone else’s medical or financial condition.
• You will ensure that any Content you submit to Public Forums is accurate. If rating or reviewing a Professional, you agree to provide honest appraisals without using inappropriate language or making gratuitous personal criticisms.
• You will not post any Content that you do not have the right to post; you will not violate any person’s or entity’s intellectual property or proprietary rights.
• We will not be liable to you for any Content you submit to any Public Forum.

3.3 Removal of Content

You understand and agree that we may, but are not obligated to, monitor, edit or remove any Content for any or no reason at any time. We are not responsible for any delay or failure in removing any Content.

3.4 Reporting Violations

We may provide you with tools with which to report violations of the Community Standards or other provisions of these Terms. Notwithstanding the availability of such tools, you acknowledge and agree that we are under no obligation to take any action with respect to any such report.

3.5 Copyright Policy

We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:

• A physical or electronic signature of the copyright owner or authorized person;
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the material claimed to be infringing and information to permit us to locate the material;
• A statement that you have a good faith belief that use of the material is not authorized by the copyright owner;
• A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner; and
• Your contact information, including your address, telephone number, and email address.

We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion. In appropriate circumstances, LYBL will also terminate a user’s account if determined to be a repeat infringer.

4. Miscellaneous

4.1 Ownership

You retain ownership of the intellectual property rights you hold in Content you submit on our Services. When you submit Content, you thereby grant us a worldwide, perpetual, royalty-free right to store, host, reproduce, create derivative works of, publish, publicly perform, display, use and distribute such Content as described in these Terms, your User Agreement and our Privacy Policies.

If you submit to us any ideas, suggestions or proposals (“Suggestions”) relating to our Services: (1) we are under no obligation of confidentiality; (2) we are entitled to use or disclose such Suggestions in any way and for any purpose; (3) such Suggestions automatically become our property without any obligation; and (4) you are not entitled to any compensation of any kind from us.

4.2 Violations

We reserve the right to monitor any and all use of our Services, and investigate any activity we suspect violates these Terms. We reserve the right to cooperate with any governmental authority or third party investigating conduct that may be illegal or harm any individual. You hereby consent to our cooperation in such an investigation.

4.3 Indemnification

You will indemnify, defend and hold harmless LYBL and any of its affiliates, officers, directors, employees, agents, representatives, partners and licensors from and against any and all claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, losses, or expenses, including attorneys’ fees, costs and disbursements.

4.4 Disputes; Governing Law; Jurisdiction

The interpretation of these Terms and the resolution of any disputes shall be governed by the laws of the State of California, without regard to its conflict of laws provisions. These Terms shall not be governed by the United Nations Convention on Contract for the International Sale of Goods. You agree to submit to the personal jurisdiction of the state and federal courts located in the City and County of San Francisco, California. You hereby waive any right to a jury trial.

4.5 Termination

You agree that we may suspend or terminate your authorization to access any of our Services, with or without notice or cause, for any or no reason, and without any liability to you. Sections 4.1 through 4.14 shall survive any termination or expiration of these Terms.

4.6 Disclaimers and Limitations on Liability

4.7 Risks You Assume

4.8 Limitation of Liability

4.9 Severability

If any provision of these Terms is deemed invalid or unenforceable, then that provision shall be construed to the extent necessary to make it valid and enforceable, and the remaining provisions shall remain in full force and effect.

4.10 No Waiver

Our failure at any time to require performance by you of any provision of these Terms shall in no way affect our right to enforce such provision, nor shall the waiver of any breach constitute a waiver of any succeeding breach or the provision itself.

4.11 Interpretation

For the purpose of these Terms, “you” means the individual user of our Services. If your access is on behalf of one or more third parties (such as your employer or client), then “you” also refers to such Principal. “LYBL,” “we,” “our,” and “us” means, collectively, LYBL Inc. and our current and future subsidiaries and affiliates.

These Terms, together with your User Agreement(s), constitute the entire agreement between you and LYBL regarding any services accessed via our Services, and supersede all previous communications, representations, or understandings.

4.12 Electronic Contracting

Your use of our Services includes the ability to enter into agreements and/or to make transactions electronically. Your electronic submissions constitute your agreement and intent to be bound by such agreements and transactions, including notices of cancellation, policies, contracts, and applications.

4.13 Assignment

We may freely assign these Terms in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

4.14 Permissions

Please note that we may ask you to share your camera and microphone access with us, as Ayurveda experts may use it for VPK for some health measures like heartbeat etc.

4.15 Amendments

We may update or change our Services or the provisions set forth in these Terms from time to time and recommend that you review these Terms on a regular basis. Your continued use of our Services after these Terms have been updated constitutes your acceptance of the revised Terms. The most current version of the Terms shall govern and supersede all previous versions.