Terms of Use

Effective Date: October 2, 2019

Please read these Terms of Use (“Terms”) carefully before downloading, accessing or using the Sneez mobile application (the “App”) or the sneezapp.com website and using any of our services provided via the App and website (collectively, the “Service”) operated by Sneez, LLC (“us”, “we”, or “our”).

Your access to and use of our Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms, and you represent and warrant that you are at least 18 years of age, or the age of majority in your jurisdiction of residence (if higher than 18), and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in these Terms. If you disagree with any part of the terms then you do not have permission to access the App or use our Service.

Along with these Terms, please read our Privacy Policy and refer to it before you submit any personal information to the App. The Privacy Policy is hereby incorporated and made part of these Terms.

Purpose

The Service does not provide medical advice nor medical diagnosis and treatment. Consult a healthcare processional for medical diagnosis and treatment. The Service and any content made available via the Service, are for informational purposes only, and are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Do not disregard professional medical advice or delay in seeking it because of something you have read on the Service. Do not use the Service to send urgent or emergency messages. Reliance on and use of any information provided by the Service is solely at your own risk. Sneez, LLC does not recommend or endorse any specific tests, providers, products, procedures, opinions, or other information that may be made available to you through the Service. Sneez, LLC, does not make any representations or warranties concerning any treatment, application of medication or other action by any person based on information accessed through the Service.

Use of Our Service

Other than as expressly permitted in the next paragraph, you may not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell or otherwise exploit the Service or any content, information, software, products or services obtained from the Service, for any commercial purpose or enterprise, without our prior written permission. You may not use the Service or any content within the Service for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Sneez, LLC, or other individuals or entities.

You may access the Service and display the pages of the Service and, subject to any expressly stated restrictions or limitations relating to specific material on the Service, electronically copy, download onto your personal computer, mobile device or other technology used to access the Service, and print single hard copy portions of the pages from the Service solely for your own personal, noncommercial, lawful use. If you make any other use of the Service, except as otherwise provided above, you may violate copyright and other laws of the United States, and other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

You may not (a) decompile, disassemble or reverse engineer the Service or any portion thereof, (b) attempt to gain unauthorized access to the Service, any portion thereof, including content accessible via the Service, or any other computer systems or platforms through the Service, (c) use any automatic device, program, algorithm or methodology, or engage in harvesting of e-mail addresses or other personal information, unsolicited e-mailing, telephone calls or mailings, spoofing, flooding, overloading, spidering, screen scraping, database scraping, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Service or any content on Service, or (d) reverse look-up, trace or seek to trace any information on any other user of or visitor to the Service to its source. You agree that you will not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use and enjoyment of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service.

Optional Communications

By creating an account on our Service, you agree to receive marketing or promotional emails we may send. However, you may opt out of receiving any, or all, of these emails from us by following the unsubscribe link or instructions provided in any marketing email we send. Opting out of marketing or promotional emails does not restrict us from otherwise communicating with you about your account, or use of the Service.

Content

Our Service allows you to post certain information through the App (“Content”). You are responsible for the Content that you post on or through the App, including its accuracy, truthfulness, legality, reliability, and appropriateness.

By posting Content using the Service you grant us a non-exclusive, royalty-free, perpetual, sublicensable, worldwide, transferable license to copy, distribute, modify, use, aggregate, create derivative works from, and distribute such Content on and through the Service to you and other users, as necessary to provide the Service, and to third parties in our discretion, without notice to you or your review or approval.

Sneez, LLC has the right but not the obligation to review, edit and/or remove all Content provided by users, for any reason, at any time, including, without limitation, if your Content violates these Terms.

Acceptable Use

You are prohibited from using the Service to share Content that:

  • Contains knowingly false, intentionally misleading, disparaging or libelous content.
  • Contains illegal content or promotes illegal activities.
  • Contains credible threats or organizes acts of real-world violence, or that creates a genuine risk of physical injury or property damage, credibly threatens people or public safety, or organizes or encourages harm.
  • Stalks, harasses or harms another individual.
  • Violates intellectual property, privacy, or other rights of third parties. Do not share content that you do not have the right to share, claim content that you did not create as your own, or otherwise infringe or misappropriate someone else’s intellectual property or other rights.
  • Spams others. Do not share irrelevant or inappropriate advertising, promotional, or solicitous content.
  • Interferes with the Service.
  • Otherwise violates these Terms or our Privacy Policy.

You also are not allowed to:

  • Do anything that violates local, state, national or international law or breaches any of your contractual obligations or fiduciary duties.
  • Share your password, let anyone else access your account, or do anything that might put your account at risk.
  • Attempt to access any other user’s account.
  • Reproduce, transfer, sell, resell, or otherwise misuse any content from the Service, unless specifically authorized to do so in writing.
  • Access, tamper with, or use non-public areas of our systems, unless specifically authorized to do so by us in advance in writing.
  • Break or circumvent our authentication or security measures or otherwise test the vulnerability of our systems or networks, unless specifically authorized to do so by us in advance in writing.
  • Impersonate or misrepresent your affiliation with any person or entity.
  • Encourage or help anyone else, directly or indirectly, do any of the things prohibited under this Acceptable Use section.

Accounts

When you set up an account in the App, you are required to complete a profile and submit certain personal information to us. We may issue you, or enable you to establish, a username and password for the App. When you create an account with us, you represent to us that you are above the age of 18, or the age of majority in your jurisdiction of residence (if higher than 18), and able to form legally binding contracts, and that the information you provide us is truthful, accurate, complete, current and otherwise in compliance with these Terms at all times. Submission of false, misleading, inaccurate, incomplete, obsolete or other information prohibited under these Terms may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer, mobile device, and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, including any activity that occurs as a result of your failure to keep secure and maintain the confidentiality of your account and password information. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify us when you desire to cancel your account on the Service. You may not use anyone else’s password or account at any time on the Service. We will not be responsible or liable for any loss or damage arising from your failure to comply with these requirements and you may be held liable for any losses incurred by Sneez, LLC or any other user to the Service if your failure to keep your account information secure and confidential results in someone else’s use of your account, password and account information.

Intellectual Property

Sneez, LLC and its licensors own all right, title and interest in and to the Service, including, without limitation, all the text, content (other than “Content” provided by users), graphics, interfaces, features, functions, code and materials thereon, the look and feel, selection and arrangement, design and organization of the Service, and the compilation of the content, code, data and materials on the Service, including but not limited to all intellectual property and proprietary rights therein. Your use of the Service does not grant to you ownership in, or rights to, any of the foregoing. The Service is copyright protected as a collective work under the United States’ and other copyright laws, and is the property of Sneez, LLC. The collective work includes works that are licensed to Sneez, LLC. Unless otherwise indicated on the Service, displayed trademarks, corporate logos, services marks, trade names and emblems (collectively, the “Marks”) are subject to the trademark rights of, and are proprietary to, Sneez, LLC, its affiliates and their respective licensors. These Terms do not grant any license or other authorization to use the Marks.

Links to Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Sneez, LLC. Sneez, LLC has no control over, and assumes no responsibility for the content, privacy policies, advice or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that Sneez, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss or injury caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms or our Privacy Policy. If you wish to terminate your account, you may simply discontinue using the Service and you may also uninstall the App. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Modifying and Terminating Our Services

We are constantly changing and improving our Service. We may add or remove functions, features, or requirements, and we may suspend or stop a Service altogether. Accordingly, Sneez, LLC may terminate your use of any Service for any reason. You can stop using our Service and App at any time.

Indemnification

You agree to defend, indemnify and hold harmless Sneez, LLC and its licensors, and their respective employees, contractors, agents, officers and directors, as well as other users of the Service, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of (a) use and access of the Service, by you or any person using your account; (b) breach of these Terms by you or any person using your account, (c) violation of the law or any third party right by you or any person using your account, (d) Content posted on the Service by you or any person using your account, or (e) any activity otherwise related to use of the Service (including negligent or wrongful conduct) by you or any person using your account.

Limitation of Liability

IN NO EVENT SHALL SNEEZ, LLC, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES (THE “PROTECTED ENTITIES”), BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, LOSS OF GOODWILL OR REPUTATIONAL HARM, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RESULTING FROM (I) ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APP OR THE SERVICE BY YOU OR ANY PERSON USING YOUR ACCOUNT; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE APP OR THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE APP OR THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, IN EACH CASE, WHETHER DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE), ARISING FROM THESE TERMS OR YOUR USE OF THE APP OR SERVICE EXCEED $10 (UNITED STATES DOLLARS).

Disclaimer

Your use of the Service is at your sole risk. THE SERVICE AND THE APP, INCLUDING, WITHOUT LIMITATION, ANY MATERIALS, INFORMATION, CONTENT, FUNCTIONS, PRODUCTS, TEXT, GRAPHICS AND LINKS THEREON, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NON-INTERFERENCE, DATA ACCURACY, SYSTEM INTEGRATION, AND WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. THE PROTECTED ENTITIES DO NOT WARRANT THAT (A) THE SERVICE AND APP WILL FUNCTION UNINTERRUPTED, SECURELY OR BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICE AND APP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE OR APP WILL MEET YOUR REQUIREMENTS. SNEEZ, LLC, DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF CONTENT ON THE SERVICE OR WITH RESPECT TO ITS COMPLETENESS, ACCURACY, TRUTHFULNESS, AVAILABILITY, ADEQUACY, USEFULNESS, TIMELINESS, SECURITY, RELIABILITY OR OTHERWISE. IF YOU ARE DISSATISFIED WITH THE APP OR SERVICE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE APP AND SERVICE. YOU AGREE THAT WE, IN OUR SOLE DISCRETION, MAY IMMEDIATELY TERMINATE YOUR ACCESS TO THE APP AT ANY TIME, FOR ANY REASON.  YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE APP OR DELETION OF YOUR ACCOUNT.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Jurisdictional Issues

The Service is operated out of the United States. Sneez, LLC makes no representation that , our Service, or content or information available via the App are appropriate or available for use outside of the United States, and access to them from jurisdictions where their content is illegal is prohibited. Those who choose to access the Service outside of the United States do so at their own initiative and are responsible for compliance with applicable local laws. You may not use or export any materials on the Service in violation of United States’ or any other jurisdiction’s export, re-export, or import laws and regulations.

Governing Law

These Terms and the relationship between you and Sneez, LLC, shall be governed and construed in accordance with the laws of North Carolina, United States, without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts of North Carolina. Our failure to enforce any right or provision of these Terms will not be considered a future or ongoing waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms together with our Privacy Policy, each as may be amended from time to time, constitute the entire agreement between us regarding the Service, and supersede and replace any prior agreements we might have had between us regarding the  Service. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. Sneez, LLC, may assign its rights and duties under these Terms to any party at any time without notice to you.

Contact Us

If you have any questions about these Terms, please contact us at Contact@Sneezapp.com.

Electronic Communications

The communications between you and us use electronic means, whether through the Service or via email.  For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in a writing.

Mobile Services

You understand that if your access to and use of the Service is through a mobile device or application, that you are responsible for any and all service fees associated with any such mobile access, including all applicable data fees, and for complying with all terms of use imposed by the carrier.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Any amendments to these Terms will become effective upon posting of the revised terms. If a revision is material we will provide advance notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.