TERMS OF USE

Last Modified September, 2020

BellAge, Inc., a Delaware corporation (“BellAge”), provides a tool for its users to access information and resources regarding novel coronavirus (2019-nCoV), commonly known as COVID-19 (“COVID-19”).

Within this Terms of Use, “you” are a user of the Website (as defined below), and “we”, “us”, “our” refer to BellAge. All users of the website may be referred to as “Users” in this Terms of Use. Unless otherwise noted, each section and provision of this Terms of Use applies to all Users. The below terms and conditions govern your access to and use of the CV19 CheckUp https://cv19checkup.org and BellAge branded applications, including any content, functionality, and services offered on or through the same (collectively, the “Website”). The services provided by BellAge to its Users through the Website may be collectively referred to as “Services” hereunder.

COVID-19 has been declared a worldwide pandemic by the World Health Organization. COVID-19 is a contagious disease that causes respiratory infection varying from common cold symptoms to severe pneumonia and death. THE INFORMATION CONTAINED IN THE RISK ASSESSMENT IS FOR YOUR PERSONAL AND INFORMATIONAL USE ONLY AND IS NOT INTENDED TO DIAGNOSE, CURE, MITIGATE, TREAT, OR PREVENT ANY DISEASE, INCLUDING COVID-19, AND IS NOT INTENDED TO PROVIDE A DETERMINATION OR ASSESSMENT OF YOUR STATE OF HEALTH. WE MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, IN CONNECTION WITH THE RISK ASSESSMENT OR THE PERFORMANCE OF THE RISK ASSESSMENT, AND YOU AGREE THAT BELLAGE WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY COSTS OR DAMAGES RELATED TO USE OF THE RISK ASSESSMENT OR ANY INFORMATION PROVIDED THEREFROM. The Website is not a substitute for medical advice, and no information provided by BellAge shall be construed to be a medical diagnosis or representation. You should consult with your healthcare professional for medical advice, and we strongly urge you to discuss any current health related problems you are experiencing with a healthcare professional immediately.

1. General

1.1. Please read the Terms of Use carefully before you start to use the Website and/or access the Services. By using the Website, you accept and agree to be bound by and to abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

1.2. This Website is offered and available to users who are 16 years of age or older and reside in the United States or any of its territories or possessions. By using the Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

1.3. We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding to you. If you do not agree with updated Terms of Use at any time, you should cease use of the Website.

1.4. While making reasonable efforts to ensure that all information in this site is accurate and up to date, we make no representation or warranty of the accuracy, reliability, or completeness of the information. BellAge and its representatives assume no responsibility (and expressly disclaim responsibility) for updating the Website to keep information current or to ensure the accuracy or completeness of any content, as more fully set forth herein.

2. Accessing the Website

2.1. We reserve the right to withdraw or amend this Website and Services we provide, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to some or all Users.

2.2. It is a condition of every User’s use of the Website that all the information you provide is correct, current, and complete. You agree that all information you provide through use of the Website or Services is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy, linked below.

2.3. We have the right to disable your access to the Website and Services at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Terms of Use or the Privacy Policy.

3. Services and Use

3.1. You may have been directed to the Website through a third-party website. Such third-party website may have its own terms of use and privacy policy, and in any case, third-party websites or services are not subject to BellAge’s Terms of Use and Privacy Policy. While BellAge may have a contractual or informal relationship with certain (but not all) third-party sites that include a link to the Website, BellAge makes no representation as to the accuracy or current nature of any information contained on such websites, including any references to the BellAge Services.

3.2. If we recommend any third-party services to you, including third-party websites, directly or indirectly, such recommendation does not constitute any representation as to the accuracy of the information related to or contained on such third-party services, and you should consult terms of use and privacy policies related to the use of such third-party services.

4. Prohibited Uses

4.1. You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; to transmit, or procure the sending of, any advertising or promotional material without our prior consent; to impersonate or attempt to impersonate any other party; or to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which may harm Users of the Website or expose them to liability, in our sole discretion.

4.2. Additionally, you agree not to use the Website in any manner that could disable, overburden, damage, or impair the proper working of the site or interfere with any other party’s use of the Website; use any device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use; or introduce any viruses or other material that is malicious or technologically harmful; attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website or attack the Website in any way.

5. Intellectual Property Rights

5.1. You acknowledge and agree that the Website, and any software used in connection therewith contain proprietary and confidential information that is protected by applicable intellectual property law and other laws. The Website and the entire contents, features, and functionality (including but not limited to all information, software, underlying code, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) associated therewith are owned by BellAge and are protected by United States intellectual property laws (including but not limited to copyright, trademark, and patent laws) and where applicable, international intellectual property laws. No right, title, or interest in or to the Website or any content on the Website is transferred to you. As between Users and BellAge, all right, title, and interest in and to any intellectual property incorporated, used, or made viable in connection with the Website will remain solely with BellAge. The term “BellAge”, our logo, and all related names, logos, product and service names, designs, and slogans are trademarks of BellAge. You agree that you are only using the Website for the purposes intended and set forth herein, and not for purposes of reverse engineering or otherwise discovering confidential or protected information about the Website or about BellAge.

5.2. These Terms of Use permit you to use the Website only for the purposes intended herein and not for any commercial use except as specified herein. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, intentionally store, or transmit any of the material on our Website. You may not modify copies of any materials from this site; delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site; or access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

5.3. If you wish to make any use of material on the Website other than that set forth in this section, please address your request to us via email. We may approve or deny such request in our sole discretion. If you do not receive a response from us, such non-response constitutes a denial of your request.

6. Monitoring, Enforcement, and Termination

6.1. We have the right to take appropriate legal action, including without limitation, refer you to law enforcement, for any illegal or unauthorized use of the Website.

6.2. We have the right to terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

6.3. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS BELLAGE AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

7. Content Standards

7.1. To the extent that any user has the ability to post any material to the Website, such content must not contain any material that (i) is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; (ii) promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (iii) infringes any intellectual property right or other legal rights of any other person; (iv) is likely to deceive any person; (v) promotes any illegal activity, or advocates, promotes, or assists any unlawful act; (vi) impersonates any person, or misrepresents your identity or affiliation with any person or organization; or (vii) involves commercial activities or sales.

8. Information About You

8.1. All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information, subject to and in compliance with the Privacy Policy.

9. Geographic Restrictions

9.1. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

10. Disclaimer of Warranties

10.1. We do not guarantee or warrant the validity, accuracy, reliability, or the results of the use of the Services, or any other services linked through the Website.

10.2. YOUR USE OF THE WEBSITE, ITS SOFTWARE, FUNCTIONS, MATERIALS, INFORMATION, CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OFFERED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BELLAGE NOR ANY PERSON ASSOCIATED WITH BELLAGE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER BELLAGE NOR ANYONE ASSOCIATED WITH BELLAGE REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

10.3. You understand that we cannot and do not guarantee or warrant that files available for access or for downloading from the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

10.4. TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

10.5. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

11. Limitation on Liability

11.1. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL BELLAGE, ITS AFFILIATES, OR OUR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH (i) YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR (ii) YOUR RELIANCE ON THE RESULTS OBTAINED FROM ANY COVID-19 RELATED TOOL ON THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE DAMAGES, OR DAMAGES RELATING TO THE USE OR INABILITY TO USE THE WEBSITE AND/OR THE SERVICES (WHETHER BASED ON WARRANTY, CONTRACTS, STATUTES, REGULATIONS, TORT OR ANY OTHER LEGAL THEORY) INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT WILL BELLAGE, ITS AFFILIATES, OR OUR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH.

11.3. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

12. Indemnification

12.1. You agree to defend, indemnify, and hold harmless BellAge, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

13. Governing Law and Jurisdiction

13.1. All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

13.2. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your county of residence or any other relevant county. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

14. Limitation on Time to File Claims

14.1. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED, UNLESS OTHERWISE REQUIRED BY LAW.

15. Entire Agreement

15.1. This Terms of Use and the Privacy Policy contain the entire agreement between BellAge and you as a User of the Services. No other communications, whether direct or indirect, between you and BellAge will, or are intended to, alter or supersede any provision of this Terms of Use or Privacy Policy.

16. Waiver and Severability

16.1. No waiver by BellAge of any term or condition set out 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 BellAge to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

16.2. 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.

17. Comments and Concerns

17.1. We welcome feedback from our Users. Please reach out to us using the following contact email: privacy@BellAge.org.