Terms Of Use
These Terms of Use (the “Website Terms”) govern your use of any website owned or operated by Scarlet Technologies Inc., a Delaware corporation (“Scarlet Technologies,” “we” or “us”), including the website currently located at https://housecalltheapp.com (together with all features, functionality, tools available on or through the same, as set forth herein, the “Website”).
Your access to and use of the website is conditioned on your acceptance of and compliance with the website terms. If you are accepting or agreeing to the website terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to act on behalf of and bind that entity to the website terms.
1. About the website terms
Your access to and use of the website is governed by the terms and conditions of the website terms and any and all other policies and rules referenced herein, posted on the website, or otherwise communicated to website users. We will process personal information in accordance with our privacy policy, currently located at https://housecalltheapp.com. Scarlet Technologies reserves the right, in its sole discretion, to amend the website terms at any time and without prior notice. If we choose to amend the website terms, we will update the effective date at the top of the website terms and post the updated version. By continuing to use the website after we have posted an updated version of the website terms, you are affirming that you agree to be bound by the amended website terms. Your failure to comply with the website terms may result in the suspension or termination of your account and/or access to the website, and may subject you to civil and criminal penalties.
2. Important information about the website
Subject to your compliance with the website terms, Scarlet Technologies grants you a limited, revocable, non-exclusive, non-transferable, non-assignable, and non-sublicensable right to access and use the website for your own personal or internal business use only, and not for resale or third-party distribution. In order to use the website, you must have internet access; otherwise, you will not be able to use some or all of the website. Scarlet Technologies reserves the right, in its sole discretion, to modify or discontinue offering the website, or to impose limits on your use of the website, or any features, functionality, or tools thereof, in whole or in part, at any time, for any reason or no reason, with or without notice to you. You agree that Scarlet Technologies has no obligation to provide any updates or to continue to provide or enable any particular website features, functionality, tools, or content and, to the maximum extent permitted by applicable law, will not be liable with respect to any such modifications, discontinuance, or deletions. The website is controlled and operated within the United States and is not intended for use outside of the United States.
User conduct guidelines
You are not authorized to access or use the website if you are under 18; if you are a person barred from receiving services under the laws of the United States or other applicable jurisdiction; or for any other purposes that are not expressly permitted by the website terms or which violates applicable law. Further, you may not:
Copy, distribute, share, publish, use or store, or prepare derivative works from any content on the website covered by any copyrights, trademark, patent, or other intellectual property right belonging to Scarlet Technologies or a third party, except with prior express permission of Scarlet Technologies or the entity party holding the rights to license such use;
- Access, search, collect information from, or otherwise interact with the website by “scraping,” “crawling,” or “spidering” the website;
- Use, display, mirror, or frame the website, or any feature, functionality, tool, or content of the website, Scarlet Technologies’ name, any Scarlet Technologies trademark, logo, or other proprietary information;
- Interfere with, disrupt, damage, or compromise the website or our systems or the access of any user, host, or network in any way;
- Attempt to decipher, decompile, disassemble, or reverse engineer any of the code or software used to provide the website;
- Otherwise abuse the website or breach the website terms; or
- Attempt to do any of the foregoing, or advocate, encourage or assist any third party in doing any of the foregoing.
Scarlet Technologies reserves the right to investigate and prosecute violations of any and all reports, complaints, and claims, or otherwise suspected misconduct or violations of the law to the fullest extent of the law, and to monitor and/or disable access to or use of the website by any user.
3. Intellectual property ownership
The website is protected by copyright, trademark, patent, and other laws of the applicable jurisdiction and throughout the world. You acknowledge and agree that the website, and all intellectual property rights therein, are the exclusive property of Scarlet Technologies and its licensors. You will not remove, alter, or obscure any copyright, trademark, service mark, patent marking, or other proprietary rights notices incorporated in or accompanying the website, and you may not use the trade names, logos, and other trademarks and service marks associated with Scarlet Technologies without our prior written consent.
You may not use, copy, reproduce, distribute, license, sell, transfer, publish, post, publicly display, publicly perform, transmit, broadcast, adapt, modify, prepare derivative works based upon, or otherwise exploit any features, functionality, or tools of the website in any form or by any means, or sublicense the rights granted in the website terms.
No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Scarlet Technologies or its licensors, except for the revocable licenses and rights expressly granted in the website terms. All rights not expressly granted to you by the website terms are hereby reserved to Scarlet Technologies and its licensors.
If you choose to provide feedback, comments, ideas, and suggestions for improvements, enhancements, and modifications to the website (“feedback”), you acknowledge and agree that all feedback you give us (i) will be treated as non-confidential, and (ii) will be the sole and exclusive property of Scarlet Technologies. You hereby irrevocably transfer and assign to Scarlet Technologies all of your right, title, and interest in and to, and waive any moral rights you may have in, all such feedback.
4. No endorsements
The website may provide links to third-party websites, resources, or services. Links to such websites, resources, or services do not imply any endorsement by Scarlet Technologies of such websites, resources, or services or the content, products, or services available on or through such websites, resources, or services. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites, resources, or services or the content, products, or services available on or through such websites or services.
5. Disclaimers, limitation of liability, and indemnification
The website is provided “as is” and “as available” without warranty or conditions of any kind, express or implied. To the maximum extent not prohibited by applicable law, Scarlet Technologies expressly disclaims any and all warranties, whether express, implied, arising out of course of dealing or usage of trade, including warranties of merchantability, fitness for a particular purpose, non-infringement or title or rightful claim, warranties as to the reliability or availability of the website, or that use of the website will be uninterrupted or error-free, warranties as to the completeness, accuracy, or timeliness of any content.
You acknowledge and agree that accessing and using the website is done at your own discretion and risk, and you hereby release Scarlet Technologies and waive any and all claims and causes of action with respect to any damages caused by any of the foregoing. Without limiting the foregoing, Scarlet Technologies disclaims any and all liability related to your use of or inability to use the website. In no event will Scarlet Technologies be liable for any direct, indirect, incidental, special, exemplary, punitive, or consequential damages of any kind (including, without limitation, damages for lost revenues or profits, loss of opportunity, loss of data or loss of goodwill, service interruption, computer damage or system failure, or for any damages for personal or bodily injury or emotional distress) arising out of or in connection with this agreement, whether based in warranty, contract, tort (including negligence), or any other legal theory, and whether or not Scarlet Technologies has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
These limitations and exclusions apply to you only to the extent permitted by applicable law. In the event that the foregoing limitation of liability is determined by a court of competent jurisdiction to be unenforceable, Scarlet Technologies’ aggregate liability arising out of or in connection with this agreement shall be limited to ten U.S. dollars (US$10).
To the maximum extent not prohibited by applicable law, you agree to release, defend, indemnify, and hold Scarlet Technologies and its affiliates, licensors, and service providers harmless from and against any claims, liabilities, damages, losses, costs, and expenses, or any other injuries, losses, or damages (whether compensatory, direct, incidental, consequential, or otherwise) of any kind, and including reasonable legal fees and litigation expenses and costs, arising out of or relating to or in any way connected with your access to or use of the website, your breach of the website terms, or your gross negligence or willful misconduct.
6. Dispute resolution and governing law
The website terms shall be governed by and interpreted in accordance with the laws of Delaware without regard to conflict of law principles. All disputes, claims, controversies, and matters relating to or in connection with the website terms (or the breach thereof) shall be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (“AAA Rules”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place in Philadelphia, Pennsylvania, before a single neutral arbitrator appointed in accordance with the AAA Rules and shall be conducted in the English language. All arbitrations shall be conducted and resolved on an individual basis and not a class-wide, multiple plaintiff, or similar basis. No arbitration shall be consolidated with any other arbitration proceeding involving any other person or entity.
7. Miscellaneous
The website terms constitute the entire and exclusive understanding and agreement between you and Scarlet Technologies regarding your access to and use of the website and supersede and replace any and all prior or contemporaneous oral or written understandings or agreements between you and Scarlet Technologies regarding the subject matter hereof. Notwithstanding the foregoing, Scarlet Technologies operates as a technology provider for a mobile application and technology offering through individuals looking for specified health and wellness-related services who may connect directly with independent providers of those services (such mobile application and technology offering, the “application”). All access to and use of the application shall be subject to separate terms and conditions presented to you in connection with such access and/or use (the “application terms”), and in the event of any conflict between the website terms and the application terms, the application terms shall control for all purposes in connection with all such access to and use of the application.
You may not assign, transfer, delegate, subcontract, or sublicense any of your rights or obligations under the website terms. Any attempted assignment, transfer, delegation, subcontracting, or sublicense without the foregoing consent will be null and void. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by the website terms. Any provisions of the website terms that contemplate performance or observance subsequent to the expiration or termination of the website terms shall survive such expiration or termination. Our failure to exercise any right or enforce any obligation under the website terms or to take action with respect to a breach by you or others will not constitute a waiver of such right, obligation, or breach. If an arbitrator or a court of competent jurisdiction finds any provision of the website terms to be invalid, void, or unenforceable, in whole or in part, for any reason, the offending provision will be enforced to the maximum extent permissible and will not affect the validity or enforceability of the remaining provisions, which will remain in full force and effect. The headings in the website terms are for reference purposes only and do not limit or otherwise affect the meaning or interpretation of any of the provisions hereof. Except as otherwise expressly set forth herein, the website terms do not and are not intended to confer any rights or remedies upon any person other than the parties hereto.
Pursuant to California Civil Code §1789.3, California residents are also entitled to the following specific consumer rights notice: Complaints regarding the website or requests to receive further information regarding use of the website may be sent to info@housecalltheapp.com. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N112, Sacramento, CA 95834 or by telephone at (916) 445-1245 or (800) 952-5210. Hearing impaired persons may call TDD (800)-326-2297 or TDD (916)-928-1227, see www.dca.ca.gov for additional information.
If you have any questions or concerns, please contact Scarlet Technologies at info@housecalltheapp.com.
Copyright ©2024 Scarlet Technologies Inc. All rights reserved.
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