Terms of Service
These terms and conditions, as amended from time to time, are a legal agreement between Dr. Patti, LLC ("Company" or "Dr Patti ") and you (the "User" or “you”). Please read these terms and conditions before you using any of Dr. Patti’s web pages or mobile applications (collectively the "Applications"). In order to use the Applications, you must read and agree with the terms and conditions (this "Agreement"). By using the Application, you agree as follows:
License Grant. Dr. Patti grants User the non-exclusive, non-transferable, revocable, limited
right to access the Application for User's personal entertainment use on a personal computing
device. Unless otherwise authorized, User may not use, copy, reproduce, modify, publicly
perform or display, create derivative works of, sell, auction, loan, lease, rent, distribute, transfer or
disclose all or any part of the Application (including, without limitation, any screenshots, videos,
documentation or manuals relating to the Application) except as provided in this Agreement. All other rights are reserved to Dr. Patti.
Ownership. Except for the revocable, limited license expressly granted hereunder, Dr. Patti
retains all rights, title and interests in and to all intellectual property rights associated with the
Application and all copies thereof, use thereof by User, and all world content and data in
connection therewith including any information or data collected from Users. The Application is
copyrighted and is protected by United States copyright laws and international treaty provisions
as well as other laws. User acknowledges that Dr. Patti owns all intellectual property rights in and
to the Application, including, without limitation, all patent rights, copyrights, inventions, trade
secret rights, trade dress rights, trademark rights and intellectual property rights therein and
thereto. User may not remove the copyright and other proprietary rights notices from the
Application. User agrees to prevent any unauthorized copying or distribution of the Application.
Except for the license as expressly provided herein, Dr. Patti does not grant User any express or
implied right in any patents, copyrights, trademarks, or trade secret information of Dr. Patti and/or its licensors.
No Warranty. USER ACKNOWLEDGES THAT THE APPLICATION MAY WELL CONTAIN
ERRORS AND DEFECTS. THE APPLICATION IS PROVIDED "AS IS" WITHOUT ANY
EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF
SATISFACTORY QUALITY, MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR
ANY PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF THE
APPLICATION IS WITH USER. SHOULD IT PROVE DEFECTIVE FOLLOWING THE RECEIPT
BY USER, USER AND NOT DR. PATTI ASSUMES THE ENTIRE COST OF ALL NECESSARY
SERVICING OR REPAIR. WITHOUT LIMITING THE FOREGOING, DR. PATTI DOES NOT
ENSURE CONTINUOUS, ERROR-FREE, SECURE OR VIRUS-FREE OPERATION OF THE
APPLICATION. THESE DISCLAIMERS OF WARRANTY CONSTITUTE AN ESSENTIAL PART
OF THIS AGREEMENT. THE USE OF THE CONTENTS OF THE APPLICATION DO NOT
REPLACE THE DOCTOR-PATIENT RELATIONSHIP. IN ADDITION, THE CONTENTS OF THE
APPLICATION DO NOT MEET THE LEGAL DEFINITION OF A CERTIFIED MEDICAL TRANSLATOR.
No Liability for Damages. TO THE GREATEST EXTENT PERMISSIBLE BY LAW, IN NO
EVENT SHALL DR. PATTI, ANY PARENT, SUBSIDIARY OR OTHERWISE RELATED
COMPANY, OR EMPLOYEES, AGENTS, OFFICERS AND/OR DIRECTORS OF ANY OF THE
ABOVE, BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL PUNITIVE OR
OTHER DAMAGES OR LOST PROFITS, DATA OR BUSINESS) ARISING OUT OF THE USE
OF OR INABILITY TO USE THE APPLICATION EVEN IF ANY OF THE ABOVE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
No Support. Dr. Patti does not provide any guaranteed support for the Application. However,
Dr, Patti may provide an e-mail address or other method for User to send questions and/or
comments regarding the Application. Dr. Patti does not, however, make any representations or
warranties as to the accuracy of any statements or advice provided to User.
Binding Arbitration. If you and Dr. Patti are unable to resolve a dispute relating to the
Application or this Agreement through informal discussions, either you or Dr. Patti may elect to
have the dispute (except those Disputes expressly excluded below) finally and exclusively
resolved by final binding arbitration. YOU UNDERSTAND THAT ABSENT THIS PROVISION,
YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The
arbitration shall be performed under the Commercial Arbitration Rules of the American Arbitration
Association ("AAA"). The arbitration fees and each parties share of arbitrator compensation shall
be governed by the AAA rules. The arbitration may be conducted in person, through the
submission of documents, by phone or online as allowed by the AAA rules. Except as otherwise
provided in this Agreement, you and Dr. Patti may litigate in court to compel arbitration, stay
proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
Entire Agreement. This Agreement constitutes the entire agreement between the parties
hereto relating to the subject matter hereof and supersedes all prior oral and written and all
contemporaneous oral negotiations, commitments and understandings of the parties. Changes
made by User to this Agreement will not be effective unless set forth in a writing describing the
change and agreed to and signed by both Dr. Patti and User. Dr. Patti reserves the right to
change the terms of this Agreement at any time upon notice to User by e-mail or on its webpage.
Such changes by Dr. Patti shall be effective upon notice to User and User's continued used of the
Application after notice of a change in terms by Dr. Patti shall constitute User's acknowledgement
of, and agreement to, be bound by such changes.