Terms of Use

Welcome to www.mydailyapple.com. By accessing this MyDailyApple Web site ("Site") offered by Praxeon you agree and acknowledge to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms or to our Privacy Policy, please do not access the Site or use the content. Praxeon reserves the right to change these Terms at any time. We recommend that you periodically check this Site for changes.

MYDAILYAPPLE CONTENT NOT INTENDED AS MEDICAL ADVICE.

The content and material provided by Praxeon and its licensors on the MyDailyApple Site, including without limitation text, graphics, and images ("Content"), are for informational purposes only. The Content is in no way meant to act as a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any question you may have regarding a medical condition.

MyDailyApple and Praxeon neither recommend or endorse any of the tests, physicians, products, procedures, opinions, or other information mentioned on the Site. Please be aware that this Site may contain sexually explicit health- or medical-related materials. If you find such materials offensive, you may not want to use our Site.

MYDAILYAPPLE LIABILITY.

The use of the MyDailyApple Site and the Content is at your own risk and discretion. Information from the MyDailyApple Site is transmitted via a medium that may be beyond the control and jurisdiction of Praxeon and its suppliers. Praxeon therefore assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the MyDailyApple Site.

THE MYDAILYAPPLE SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, PRAXEON, AFFILIATES, PARTNERS, AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Praxeon, its licensors, and its suppliers make no representations or warranties about the following: (i) the accuracy, reliability, completeness, or timeliness of the Content, links, or communications provided by or through the MyDailyApple Site or (ii) that any government regulations relating to the disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the MyDailyApple Site have been satisfied. IN NO EVENT SHALL PRAXEON, ITS LICENSORS, AFFILIATES, PARTNERS, SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE MYDAILYAPPLE SITE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE THE MYDAILYAPPLE SITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PRAXEON IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. PRAXEON IS NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SITE, CONTENT, OR PUBLIC AREAS (AS DEFINED BELOW). IN THE EVENT THAT THE ABOVE IS NOT ENFORCEABLE, PRAXEON'S AGGREGATE LIABILITY UNDER THIS AGREEMENT IS LIMITED TO AMOUNTS PAID OR PAYABLE TO PRAXEON BY YOU FOR THE MYDAILYAPPLE SERVICES IN THE MONTH PRECEDING THE CLAIM. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SITE, ANY CONTENT, OR THE PUBLIC AREAS MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS.

THIRD-PARTY CONTENT.

Praxeon may allow advertisers to provide you with advertisements or sponsored content based on certain search terms. Praxeon may also choose certain third-party sites as priority responses to search terms you enter. Praxeon does not recommend and does not endorse the content on any third -party Web sites. Praxeon is not responsible for the content of linked third-party sites, sites framed within the MyDailyApple Site, third-party sites provided as search results, third-party advertisements, or content in Curbside physician forums and does not make any representations regarding their content or accuracy. Your use of content provided on the MyDailyApple Site may be subject to terms and conditions of third-party content providers, which term and conditions may change at any time. Your use of third-party Web sites is at your own risk and subject to the Terms for such sites. Praxeon does not endorse any product advertised on the MyDailyApple Site.

PRIVACY. Praxeon's current Privacy Policy is available here, which is incorporated by this reference. Praxeon will not edit, delete, or disclose the contents of your data unless (1) authorized by you, (2) otherwise permitted under the Privacy Policy or (3) required to do so by law or regulation, or in the good faith belief that such action is necessary to (i) conform or comply with applicable laws, regulations or legal process, (ii) protect or defend the rights or property of Praxeon or any other user or (iii) enforce the Terms.

PROPRIETARY RIGHTS.

MyDailyApple and Praxeon, and all Praxeon graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Praxeon in the United States and/or other countries. Praxeon�s trademarks and trade dress may not be used in connection with any product or service that is not Praxeon�s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Praxeon. All other trademarks and content not owned by Praxeon that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Praxeon.

You agree that all content and materials made available by Praxeon at the Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Praxeon in writing, you agree not to sell, license, rent, modify, frame, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. However, you may download or copy the content, and other items displayed on the Site for download, for personal use only, provided that you maintain all copyright and other notices contained in such content. Reproducing, copying or distributing any content, materials or design elements on the Site for any other purpose is strictly prohibited without the express prior written permission of Praxeon. Use of the content or materials for any purpose not expressly permitted in these Terms is prohibited. Any rights not expressly granted herein are reserved.

INDEMNITY.

You agree to defend, indemnify, and hold Praxeon, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms.

GENERAL.

Praxeon is based in Cambridge, MA, in the United States of America. Praxeon makes no claims that MyDailyApple Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the MyDailyApple Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.

JURISDICTION.

You expressly agree that the courts of the Commonwealth of Massachusetts have exclusive jurisdiction over any dispute with Praxeon or regarding your use of the MyDailyApple Site. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Commonwealth of Massachusetts in connection with any such dispute Praxeon or its affiliates, employees, contractors, officers, directors, and content providers.

These Terms are governed by the internal substantive laws of the Commonwealth of Massachusetts, without reference to its conflict of laws principles. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable. Praxeon may assign, transfer, or delegate any of its rights and obligations hereunder without consent. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

COMPLETE AGREEMENT.

Except as expressly provided in a particular "legal notice" on the MyDailyApple Site, these Terms and the MyDailyApple Privacy Policy and Agreement constitute the entire agreement between you and Praxeon with respect to the use of the MyDailyApple Site, and Content.

We appreciate your cooperation and interest in the MyDailyApple site and hope you find it helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be directed by electronic mail to info@mydailyapple.com or via U.S. mail to Praxeon at P.O. Box 426018, Cambridge, MA 02142.