Website Terms of Use

Last Modified: November 22, 2023
This is a Binding Agreement.
Neb Health Inc (“we”, “us”, “studyOS”, “Company”). The following terms and conditions, together with any documents incorporated by reference (collectively, “Terms”, “Terms of Use”), govern you access to and use of studyos.co, including any content, services, functionality offered on or through studyos.co or other websites we operate (“Sites”), whether as a guest or registered user.

You must agree to and accept all of the terms of these Terms and Privacy Policy (collectively, the “Agreement”), or you do not have the right to use websites ("Sites") or services ("Services") provided by us (collectively, the "Platform") on or in which our Terms of Use and Privacy Policy  are posted or referenced.

The definitions within the Agreement only apply to the Agreement and should not be understood to apply outside of Agreement unless explicitly stated otherwise.

Accessing the Website.
We reserve the right to amend or withdraw this site studyos.co (“Website”), and any materials or content on this Website in our sole discretion without prior notice. We will not be held liable for any reason if all or any part of the Website is unavailable at any time or any period, if the content on the Website is incorrect, inconsistent, or incomplete. We reserve the right to restrict access to some or all parts of the Website, to any users, including users without accounts (“Guests”) and users with accounts (“Registered Users”).

Intellectual Property Rights.
The Website and its entire contents including but not limited to information, text, images, video, audio, graphics, and design, are owned by Us, its licensors, or other providers of such material and are protected by United States international copyright, trademark, patent, and intellectual property or proprietary rights laws.

The Terms permit your use of Sites and Platform for personal non-commercial purposes only. You may not, without express written permission from an authorized representative of the company, reproduce, distribute, modify, create derivative works of, publicly display, perform, download, store, or transmit any of the materials from Platform, except:
Trademarks.
We and our licensors exclusively own all rights, title, and interest in the patents, copyrights, moral rights, rights of publicity, software or software derivatives, trademarks or service marks, Company name and service names, logos and designs, trade secrets, and other intellectual property embodied by, or contained in the Platform (collectively, the "IP") or any copies thereof. All rights in the IP not expressly granted to you in this Agreement are reserved. 

Prohibited Use.
You agree to use the Website in a lawful manner and to comply with this Agreement and all applicable federal, state, and local laws and regulations. Use of the Website is void where prohibited by Applicable Law, and the right to use the Platform is revoked in such jurisdictions. 

Furthermore, You Agree Not To:
Reliance on Information Posted.
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. Any reliance you place on such information is strictly at your own risk.

This Website may include content provided by third parties, including materials provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. 

Changes to the Website.
We reserve the right to update or change the Website at any time for any reason. Furthermore, material on the website may be inaccurate or out of date at any given time. We are under no obligation to ensure the timeliness or accuracy of content provided by the Website at any time. 

Link To the Website.
You may link to the Website, provided you do so in a way that is legal, fair, and consistent with the Terms presented. You may not establish a link in such a way that suggests any form of endorsement, association or affiliation, or approval on our part. 

Third-Party Sites and Service Providers.
The Platform may contain hyperlinks to Internet websites operated by third parties, or access to materials or information made available by third parties. Such links do not constitute or imply our endorsement of such third parties, or of the content of their sites, the quality or efficacy of their goods or services, or their information privacy or security practices, and we have no responsibility for information, goods or services offered or provided by such third parties, or for the manner in which they conduct their operations. Your use of third-party sites and the materials, goods and services offered by them is entirely at your own risk, and is subject to the terms of use of the third parties operating or providing them.

Disclaimer of Warranties.
YOU UNDERSTAND AND AGREE THAT THE WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE," AND THAT WE ASSUME NO RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, COMPLETENESS, TIMELINESS, EFFICACY OR ANY OTHER ASPECT OF THE SERVICES. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, TO THE EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (D) YOUR INFORMATION WILL NOT BE DISCLOSED, OR (E) ANY ERRORS IN ANY SERVICES WILL BE CORRECTED. YOU AGREE THAT USE OF THE SERVICES IS AT YOUR OWN RISK.

Limitations on Liability.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR 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 YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, 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.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."

Indemnification.
You agree to defend, indemnify and hold harmless the Company, 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  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.

Non-waiver.
Our failure to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision.  

Governing Law and Dispute Resolution.
This Agreement and any action related thereto will be governed by the laws of the State of California without regard to its conflict of law provisions. Subject to the section entitled "Arbitration of Disputes" below, any dispute or claim arising out of or in connection with this Agreement shall be adjudicated in Los Angeles County, California, USA. 

Arbitration of Disputes
YOU EXPRESSLY AGREE THAT YOU WILL SUBMIT ANY DISPUTE(S) ARISING FROM THIS AGREEMENT, INCLUDING DISPUTES ARISING FROM OR CONCERNING ITS INTERPRETATION, VIOLATION, INVALIDITY, NON-PERFORMANCE, OR TERMINATION, TO BINDING ARBITRATION UNDER THE RULES OF ARBITRATION OF THE AMERICAN ARBITRATION ASSOCIATION APPLYING CALIFORNIA LAW IN THE COUNTY OF LOS ANGELES, CALIFORNIA.  AS A LIMITED EXCEPTION TO THE AGREEMENT TO ARBITRATE, YOU AND WE AGREE THAT: (A) YOU MAY MAKE CLAIMS TO SMALL CLAIMS COURT, IF YOUR CLAIMS QUALIFY FOR HEARING BY SUCH COURT; AND (B) IF YOU FAIL TO TIMELY PAY AMOUNTS DUE, WE MAY ASSIGN YOUR ACCOUNT FOR COLLECTION, AND THE COLLECTION AGENCY MAY PURSUE IN COURT CLAIMS LIMITED STRICTLY TO THE COLLECTION OF THE PAST DUE DEBT AND ANY INTEREST OR COST OF COLLECTION. 

Limited Time for Bringing Claims.
Both you and we agree that no suit, arbitration or other legal proceeding connected with the Terms or your use of the Website may be brought more than one year after the incident giving rise to the claim has occurred. 

Claims by Others.
If anyone other than you brings a claim against us or our affiliates for damages, loss or injury to the claimant in any way connected with your or the claimant’s use of the Website, including economic loss suffered by you or the claimant, you agree that you will indemnify, defend and hold us and our affiliates harmless from all liability in connection with the claim, and you will pay to us any amount a court or arbitrator orders us to pay or we reasonably agree to pay by way of settlement, plus the amount of our reasonable attorneys’ fees and costs in defending and settling the claim.

Cooperation with Authorities.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities, regulatory agencies, and/or administrative or court orders requesting or directing us to disclose the identity or other Information of anyone using the Website. YOU WAIVE AND HOLD HARMLESS US AND OUR LICENSEES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US AND/OR OUR LICENSEES DURING OR AS A RESULT OF INVESTIGATIONS, AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS OR OTHER RELATED ACTIONS, BY US, LAW ENFORCEMENT, REGULATORY AGENCIES, AND/OR PRIVATE PARTIES.  

Amendments.
We reserve the right to update or change Terms of Use at any time, for any reason. The date of any revisions will be displayed at the top of this Terms of Use. You understand and agree that your continued use of the Platform after this Terms of Use has been updated or changed constitutes your acceptance of the revised terms. If you do not agree to the change, you must stop using the Platform.

Entire Agreement.
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.