YOU MUST BE AT LEAST 18 YEARS OLD AND THE AGE OF MAJORITY AND
LEGAL CONSENT IN THE JURISDICTION IN WHICH YOU LIVE OR RESIDE TO
AGREE TO THESE TERMS. The Service may not be accessed or used where
prohibited by law.
AVERS may change these Terms of Service from time to time by posting
the new Terms of Service on our Site. If you do not agree to be bound by
the changes, you should not use the Site or Service again. You will be
deemed to have agreed to any changes to these Terms of Service if you
use the Site or Service on or after the effective date of the change.
Whenever AVERS uses "His or Her" to describe its users, this language is
used for simplicity and is intended to include ALL genders, including but not limited to transgender, gender non-conforming or non-binary, or those
identifying as a transgender man or transgender woman. Any person who
- Consult Your Physician for Medical Advice. Although
the Site and Service may assist in managing medical information and
may include articles and information in the field of health care, nothing
in the Service or Site should be used as a substitute for medical advice or other professional advice. Any information and tools on the Site or
Service are for informational purposes only and are not intended to
provide a diagnosis or take the place of consultation or advice from a
health care professional.
You should not rely solely on the Service or Sites for medical or health
decisions. Always consult with your physician or another qualified health
care provider for medical diagnosis or treatment of any medical
conditions or concerns you may have. You should never delay seeking
medical (or other professional) advice or disregard any advice you
receive because of anything you read in connection with the Site or
Service. If you think you may have a medical emergency, call 911
- AVERS RESERVES THE RIGHT TO TERMINATE OUR SERVICE TO
ANY CUSTOMER AT ANY TIME AND FOR ANY REASON. AVERS also
reserves the right to require additional testing, re-testing, and to modify testing requirements, including which tests are used and the frequency of testing of any customer, or on a geographic or demographic criteria based on infection prevalence and/or outbreak, or solely at AVERS' discretion, in order for any customer to be allowed to continue to use the Service.
- PERSONAL HEALTH INFORMATION OBTAINED OR DISPLAYED
THROUGH THE SITE SHOULD NOT BE CONSIDERED OR RELIED UPON
WHEN MAKING DECISIONS OF WHETHER OR NOT TO ENGAGE IN ANY
FORM OF INTERACTION WITH ANY PERSON. Any Rating is
based solely on information regarding testing results obtained directly from laboratories engaged in the business of testing for sexually transmitted infections (STIs), other disease infections and for the presence or absence of particular drugs, or clinics or physicians who have access to those lab results. AVERS and its affiliates are not in the business of laboratory testing. AVERS makes available solely the date of tests and results of testing which AVERS acquires directly from the testing lab, clinic or our customer's physician. AVERS does NOT accept test results submitted to us by our customers; AVERS accepts test results ONLY from independent professional medical and health care providers who have been authorized by our customers to release their related PHR DIRECTLY to AVERS for use in the Service.
- AVERS NEITHER GUARANTEES NOR ENSURES THE ACCURACY OF
TESTING RESULTS POSTED ON ITS SITE. Testing results are not 100%
accurate and any results should be treated with caution. Just because a test reports that an individual does not test positive for a particular infection does not mean that that person does not carry that disease. Some STIs and other diseases may be difficult to detect. Also, certain diseases and infections may have incubation periods where the individual does not yet display any symptoms and the infection is not yet detectable through the utilized testing procedure. Drug testing too is generally time limited in determining the presence and/or use of particular drugs. AVERS states only that the results posted at its Site were obtained from an independent laboratory or clinic which regularly engages in the business of conducting laboratory testing or from the customer's physician or other health care professional who has access to such test results, which tests were passed, and the date on which the tests were taken. Moreover, testing results can change from a single instance of contagion with another infected individual. Therefore, valid test results showing that an individual is free from disease or infection may be invalidated within hours, or even minutes later, the very same day that the testing was undertaken. Drugs, too, can be taken soon after testing.
- ANY CUSTOMER WHO LEARNS OF AN INACCURACY IN HIS OR HER
TEST RESULTS, OR REASONABLY SUSPECTS THAT HE OR SHE HAS
SUBSEQUENTLY CONTRACTED A CONTAGIOUS DISEASE OR HAS, SUBSEQUENT TO
TESTING, TAKEN A DRUG FOR WHICH ITS PRESENCE HAS TESTED
NEGATIVE ON THE SITE, HAS A DUTY TO IMMEDIATELY NOTIFY AVERS
OF ANY SUSPECTED DISEASE, STI OR ACTUAL DRUG FREE STATUS CHANGE
AND TO REDUCE HIS OR HER RATING ACCORDINGLY,
TEMPORARILY DISABLE HIS OR HER ACCOUNT (IN HIATUS), OR TO
CLOSE THEIR ACCOUNT AND WITHDRAW FROM THE AVERS SERVICE
ENTIRELY. Once his or her infections are successfully treated or a new drug test has proven negative and AVERS has received the updated test results, his or her customer status will be appropriately adjusted.
- Protection of User ID and Password. In order to subscribe to the Service, you will need to register and be assigned a User ID and password. You should keep them confidential. AVERS encourages you not to share your User ID or password with anyone other than (i) your healthcare providers, and (ii) trusted family members and advisors who may need access to your healthcare information in an emergency. You are responsible for all usage or activity on the Service through the use of your User ID and password. If you believe someone has gained unauthorized access to your User ID and password for any reason (including without limitation due to theft or inadvertent disclosure), you should change your User ID and password immediately or contact AVERS at email@example.com.
- Information You Provide. You represent that any information you provide to AVERS during the setup of your Service account or in connection with your use of the Service is accurate, to the best of your knowledge. You may not register for an account on behalf of or in the name of an individual other than yourself. You agree to promptly update any account information when such information changes.
- Authorized Use. You may access and use the Site and Service only for its intended purpose. You must comply with any restrictions that may be posted or implemented, including without limitation restrictions on downloading, printing, copying, modifying, publishing, posting, transmitting or distributing documents or other content on the Site or Service. You will not provide or permit access or use of the Service, or your Account, by any minors.
- Links to Other Sites. The Site and Service contain links to other web sites which are not operated by AVERS. These links are provided to you only as a convenience. Such linked sites are not under the control of AVERS and AVERS is not responsible for their content, or any actions taken by the operators of such other sites and resources. The inclusion of any link on the Site or Service does not constitute or imply an endorsement or recommendation by AVERS of any information, products or services associated with the link.
- Equipment. You are responsible for securing, at your own cost, all computer equipment, Internet access, software, and other items or services necessary to access and use the Site and Service.
- Proprietary Rights. The content provided through the Service, including but not limited to, the text, data, software, manuscripts, graphics, photographs, music, sounds, videos, interactive features, blogs, posts, feedback, messages, tags and other materials (collectively, "Content") and the trademarks, service marks and logos contained therein ("Marks") are owned by or licensed to us, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. All Content is provided to you solely for your information and personal, non-commercial use. You agree to not engage in the use, copying, or distribution of any Content other than as expressly permitted herein. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Service or Content. We or our licensors retain all intellectual and proprietary rights in and to the Service and Content, except as expressly provided herein. No right is granted to you herein to use any Marks. The Site, the Service and all associated Content, software (in both source code and object code format), materials, images, graphics, logos, video, audio, graphical elements, look and feel, structure, organization, design, algorithms, templates, data models, logic flow and screens, together with any and all AVERS names and brands, and all copyrights, trademarks, trade secrets, patents and other intellectual property rights associated with any of the foregoing are and shall remain the sole property of AVERS or applicable third party licensors. Nothing in this Agreement transfers any of such rights to you. Notifications of claimed copyright infringement with respect to any articles made available on the Site or Service should be sent to: firstname.lastname@example.org. Please include in such notice your contact information and identify the work claimed to be infringing and infringed.
You may not rent, lease, lend, sell, distribute or sublicense the Service. You may not decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of AVERS\’ rights and the rights of its licensors. If you breach this restriction, you may be subject to prosecution and damages.
- Reserved Rights. AVERS reserves the right, in its sole discretion, to: (i) suspend or terminate your user privileges and block your access or use of the Site or Service (in whole or in part) at any time, without notice or liability, for any or no reason whatsoever; (ii) change any aspect of the Site or Service at any time, including without limitation the availability of any feature or content, and to impose limits on certain features and content, at any time, with or without prior notice; and (iii) monitor, review and use all communications and other use of the Site and Service, together with information relating to such communications and use, such as identification of sources and recipients of content and usage frequency.
- Compliance with Laws and User Restrictions. You have not and will not access or use the Service from any place or jurisdiction where such use is prohibited or contrary to applicable laws, rules, regulations, ordinances, edicts or customs, and you are not a national or resident of any country which the United States has (i) embargoed goods; (ii) identified as a "Specially Designated National"; or (iii) placed on the Commerce Department\’s Table of Deny Orders. You may not establish an Account if you (i) have been convicted of a felony; and/or (ii) are required to register as a sex offender with any government entity or agency.
PLEASE NOTE THAT WE DO NOT CONDUCT CRIMINAL BACKGROUND SCREENINGS ON OUR USERS OR MEMBERS.
You agree to comply with all applicable laws in connection with your use of the Site and Service and to not use the service to upload, post, email, transmit or otherwise make available any content that is unlawful (e.g. prostitution unless you are legally sanctioned/licensed within your jurisdiction). The Service is made available for your personal, noncommercial use. You will not advertise or solicit any user or member to buy or sell any products or services through the Service. You may not use the Site or Service to: (a) publish or transmit obscene, profane, pornographic, or vulgar materials; (b) knowingly distribute false information about a person or organization; (c) distribute unsolicited and unwanted materials to any third parties; or (d) harass, intimidate or threaten others. You further agree not to: (e) upload files or other materials or information that may contain viruses, malware, spyware, Trojan horses, worms, time bombs, corrupted files, or any other contaminating or destructive software (“Virus”); (f) disable, “hack” or otherwise interfere with the proper functioning of, or to restrict or inhibit another user from accessing or using the Site or Service; (g) impersonate someone else or to create a false identity to mislead others; or (h) use any automated process or service (such as a bot, a spider, periodic caching of information, or metasearching) to access or use the Service. In the event a Virus is found to have been introduced into the Site or Service through your equipment or software, you agree to assist AVERS as requested to mitigate any damage and restore the Site or Service to its prior condition.
- Personal Communications and License to Your Content; Right to Block or Remove Content.
(b) We reserve the right, but not the obligation, to refuse to transmit or post, and to disclose, block or remove any Content, including but not limited to, Personal Content, in whole or in part, that we, in our discretion, deem to be in violation of these Terms of Service or otherwise harmful to persons using the Service, regardless of whether this material or its dissemination is unlawful. We retain the right, but not the obligation, to monitor all transmissions and postings of Personal Content and other materials from time to time to investigate or prevent violations of these Terms of Service. In addition, we may also take reasonable steps, including the limiting or filtering of the number of emails, chat messages or posts sent or received by a user or member.
(a) Unless your subscription is designated as non-recurring, in order to provide continuous service, we automatically renew all paid subscriptions for the Service on the day such subscriptions expire at the renewal rate for the level of service then current. Such renewals shall be (i) for a period equivalent to the period of your initial subscription to the Service or a shorter period of time if specified, and (ii) in our discretion, at the price of the same or comparable Service then in effect. In addition, we sometimes offer special promotions that have renewal periods of different duration than the original subscription term. We always communicate renewal periods to you upon confirmation of your subscription and in the body of any special promotions that have renewal periods of different duration than the original subscription term. By agreeing to these Terms of Service, you acknowledge that your Account will be subject to the above-described automatic renewals. In all cases, if you do not wish your Account to renew automatically, please go to the BILLING HISTORY PAGE and turn auto-renewal off.
(b) Your non-termination or continued use of the Service reaffirms that we are authorized to charge your chosen payment provider. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to, or otherwise joined, the Service.
- Security. AVERS will use reasonable security measures to protect against unauthorized access to the Site and Service. However, no security measures are perfect and you agree that AVERS is not responsible for any failure of such security measures to prevent unauthorized access to the Site or Service. You agree to observe all security features on the Site and Service and not to disable or circumvent any security features or devices.
- DISCLAIMER OF WARRANTIES. The Site and Service may include errors and omissions, and may be unavailable from time to time. Therefore, AVERS cannot be liable for your reliance on the Site, Service, including without limitation information made available through the Site or Service for any reason. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AVERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, AND ANY WARRANTIES WITH RESPECT TO (A) THE PERFORMANCE, FUNCTIONALITY, RELIABILITY, CONTINUOUS AVAILABILITY, SECURITY, OR OPERATION OF THE SITE OR SERVICE, (B) THE ACCURACY, CURRENCY, COMPLETENESS, VALIDITY OR RELIABILITY OF DOCUMENTS, INFORMATION OR OTHER CONTENT ON THE SITE OR SERVICE, OR (C) THE ABSENCE OF VIRUSES OR OTHER HARMFUL CODE ON THE SITE OR SERVICE.
- LIMITATIONS OF LIABILITY.
IN NO EVENT SHALL AVERS OR ANY AVERS EMPLOYEE, MANAGER, MEMBER, OFFICER, DIRECTOR OR AGENT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, INDIRECT OR OTHER DAMAGES ARISING FROM YOUR USE OF (OR INABILITY TO USE) THE SITE OR SERVICE OR THE CONTENT CONTAINED THEREIN (WHETHER BY CONTRACT, TORT OR OTHERWISE), EVEN IF AVERS HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. AVERS SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL, DIRECT DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $1,000 IN THE AGGREGATE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH THE SITE OR SERVICE IS TO STOP USING THE SITE AND SERVICE. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE THE EVENT GIVING RISE TO SUCH ACTION OCCURRED.
- ASSUMPTION OF RISK; WAIVER. YOU ASSUME ALL RESPONSIBILITY AND RISK OF DAMAGE, INJURY, OR OTHER LOSS RESULTING FROM THE USE OF THE SITE OR SERVICE, INCLUDING WITHOUT LIMITATION THE INFORMATION CONTAINED THEREIN. YOU HEREBY WAIVE, RELEASE AND FOREVER DISCHARGE AVERS AND ITS AFFILIATES, AND THEIR RESPECTIVE BUSINESS PARTNERS, EMPLOYEES AND AGENTS FROM ANY CLAIMS, LIABILITIES OR OTHER OBLIGATIONS RESULTING FROM YOUR USE OF THE SITE OR SERVICE. USERS WHO ARE CALIFORNIA RESIDENTS HEREBY WAIVE ANY RIGHTS UNDER CALIFORNIA CIVIL CODE SEC. 1542; USERS WHO ARE RESIDENTS OF OTHER STATES AND NATIONS SIMILARLY WAIVE ON THEIR BEHALF, THAT OF THEIR INSTITUTION (AND THAT OF ANY OTHERS WHO MAY CLAIM BY OR THROUGH ANY OF THE FOREGOING) ANY AND ALL SIMILAR RIGHTS UNDER APPLICABLE OR ANALOGOUS LAWS, STATUTES, REGULATIONS OR OTHER BINDING LEGAL AUTHORITIES.
- Indemnification. You agree to indemnify and hold AVERS and its employees, officers, directors, members, managers, vendors, affiliates, and agents harmless from any claims, suits, damages, costs, expenses (including attorneys\’ fees) and other losses and liability resulting from your breach of these Terms of Service or your negligence or intentional misconduct in connection with your access or use of the Site or Service.
- Severability. If any provision in these Terms of Service is held to be invalid, illegal or unenforceable for any reason, the remaining provisions shall remain effective to the fullest extent permitted by applicable law.
- Jurisdiction and Venue. This Agreement shall be construed according to, and be governed by the laws of the State of Florida. You agree to exclusive jurisdiction in Florida and venue in Miami-Dade County, Florida for all arbitration and other proceedings arising out of these Terms of Service.
- Arbitration of Disputes. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN YOU AND US OR ANY OF OUR AFFILIATED ENTITIES OR OURS OR THEIR AGENTS, EMPLOYEES, PRINCIPALS, SUCCESSORS, OR ASSIGNS ARISING FROM OR RELATING TO THESE TERMS, ITS INTERPRETATION, OR THE BREACH, TERMINATION OR VALIDITY HEREOF, OR THE RELATIONSHIPS WHICH RESULT FROM THESE TERMS OF SERVICE (INCLUDING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RELATIONSHIPS WITH THIRD PARTIES WHO ARE NOT SIGNATORIES TO THIS AGREEMENT), SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY JAMS before a retired judge in Miami-Dade County, Florida. In the event such a JAMS proceeding is unavailable for any reason, such disputes shall be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms of Service, and will be administered by the AAA before a single retired judge. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. This Section and Section 25 below are subject to the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA), as amended. Any award of the arbitrator shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. The arbitration proceeding will be limited solely to the dispute or controversy between you and us. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY WITH RESPECT TO ANY SUCH CLAIM. Nothing in this Section 23 shall be deemed to prohibit us from seeking an injunction or other equitable relief in any court of competent jurisdiction to protect or preserve ours or our licensors\’ rights in and to intellectual property or confidential information.
- Class Action Waiver. IN ANY DISPUTE, NEITHER YOU NOR ANY OTHER PERSON SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER AFFILIATES OR PERSONS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY SUCH CLAIM.
- Electronic Communications. By using the Services, you consent to receiving electronic communications, e.g., email, from us or our subsidiaries and affiliated entities. These communications will include notices about your Account and information concerning or related to the Service. These communications are part of your relationship with us and you receive them as part of your membership subscription. You agree that any notice, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including but not limited to, any requirements that such communications be in writing.
- Assignment. You shall not assign this Agreement or assign any of your rights or delegate any of your obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without AVERS’ prior written consent. Any such purported assignment or delegation without AVERS’ prior written consent will be null and void and of no force or effect.
- Relationship of the Parties. It is expressly understood that each party to this Agreement is an independent contractor, and that nothing herein shall be construed as creating a partnership, joint venture, agency, or employment relationship between you and AVERS. You shall not have any right, power or authority, express or implied, to bind AVERS. Nothing in this Agreement is intended, nor shall be deemed, to confer any obligation to, or to confer any rights or any benefits on, any non-party.
- Additional Terms. These Terms of Service constitute the entire agreement between AVERS and you with respect to the subject matter hereof, and all prior agreements, representations, statements and undertakings, whether oral or written, are hereby superseded and cancelled. Neither this Agreement nor any rights or obligations hereunder may be modified by you without prior written consent of AVERS. Any failure by AVERS to act with respect to a breach by you or others does not waive AVERS’ right to act with respect to subsequent or similar breaches.
- Support; Questions; Comments. To report any technical problems with the Site or Service (including downtime), or if you have any questions about these Terms of Service, please send an e-mail to email@example.com.
YOUR PURCHASE AND USE OF AVERS'S PRODUCTS AND SERVICES, INCLUDING YOUR USE OF THIS WEBSITE, CONSTITUTES ACCEPTANCE OF THESE TERMS OF SERVICE.