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Website Terms
of Use

Updated: 7/15/2023

 

Freed Inc. (“Freed,” or “we,” “our,” or “us”) welcomes you. We invite you to access and use our website located at https://www.getfreed.ai/ (the “Website”), subject to the following terms and conditions (the “Terms of Use”). By visiting the Website, you acknowledge that you have read, understood, and agree to be legally bound by these terms of use and the terms and conditions of our privacy policy (the “Privacy Policy”), which are hereby incorporated into these terms of use and made a part hereof by reference (collectively, the “Agreement”). If you do not agree to any of the terms in the agreement, you may not access or use the Website.

 

If you accept or agree to the Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the Agreement and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

 

We reserve the right, at our sole discretion, to modify, discontinue, or terminate the Website, or to modify the Agreement, at any time and without prior notice. If we modify the Agreement, we will post the modification on the Website. By continuing to access or use the Website after we have posted a modification on the Website, you are indicating that you agree to be bound by the modified Agreement. If the modified Agreement is not acceptable to you, your only recourse is to cease using the Website.

 

In addition to the Website, Freed provides access to its proprietary software as a service (SaaS) platform (“Platform”) subject to the terms and conditions of that certain Platform Terms of Use (“Platform Terms of Use”). If there is a conflict between these Terms of Use and the Platform Terms of Use, the Platform Terms of Use will take precedence with respect to your use of or access to the Platform.

 

 

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT, AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.

Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our

Privacy Policy.

 

1. NO MEDICAL ADVICE

You acknowledge and agree that Freed does not, through the Website, or otherwise,

provide any form of medical care, medical opinion, medical advice, diagnosis, or treatment,

and that Freed does not evaluate the need to seek medical attention. Freed only provides

the platform through which you can transcribe your patient visits. The Website and the

Content (as defined below) are for informational purposes only, and are not intended as 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. Never disregard professional medical advice or delay in

seeking it because of something you have read on the Website, and/or the Content. You

acknowledge and agree that by accessing and using the Website, you are not entering into a

doctor-patient or provider-patient relationship with Freed. If you think you may have a

medical emergency, call your doctor or 911 immediately. Reliance on the Website and the

Content is solely at your own risk.

 

 

2. USE OF PERSONAL INFORMATION

Your use of the Website may involve the transmission to us of certain personal information. Our

policies with respect to the collection and use of such personal information are governed

according to our Privacy Policy, which is hereby incorporated by reference in its entirety.

 

 

3. INTELLECTUAL PROPERTY

The Website contains materials, such as software, text, graphics, images, sound recordings,

audiovisual works, tutorials, and other material provided by or on behalf of Freed (collectively

referred to as the “Content”). The Content may be owned by us or our licensors, and is protected

under both United States and foreign laws. Unauthorized use of the Content may violate

copyright, trademark, and other intellectual property rights or laws. You have no rights in or to

the Content, and you will not use the Content except as permitted under this Agreement and the

functionality of the Website. No other use is permitted without prior written consent from us.

You must retain all copyright and other proprietary or legal notices contained in the original

Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or

reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use

the Content in any way for any public or commercial purpose. The use or posting of the Content

outside the Website or in a networked computer environment for any purpose is expressly

prohibited.

 

If you violate any part of this Agreement, your permission to access the Website automatically

terminates and you must immediately destroy any copies you have made of the Website.

 

The trademarks, service marks, and logos of Freed (the “Freed Trademarks”) used and displayed

on the Website are registered and unregistered trademarks or service marks of Freed. Other

company, product, and service names located on the Website may be trademarks or service

marks owned by others (the “Third-Party Trademarks,” and, collectively with Freed Trademarks,

the “Trademarks”). Nothing on the Website should be construed as granting, by implication,

estoppel, or otherwise, any license or right to use the Trademarks, without our prior written

permission specific for each such use. Use of the Trademarks as part of a link to or from any

website is prohibited unless establishment of such a link is approved in advance by us in writing.

All goodwill generated from the use of Freed Trademarks inures to our benefit.

 

Elements of the Website are protected by trade dress, trademark, unfair competition, and other

state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be

retransmitted without our express, written consent for each and every instance.

 

4. GUIDELINES

By accessing the Website, you hereby agree to comply with the following guidelines:

  • You will not use the Website for any unlawful purpose;

  • You will not access or use the Website to collect any market research for a competing businesses;

  • You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

  • You will not decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Website;

  • You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features on the Website;

  • You will not circumvent, remove, alter, deactivate, degrade, or thwart any of the protections in the Website;

  • You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Website, directly or indirectly, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file;

  • You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and

  • You will not interfere with or attempt to interrupt the proper operation of the Website through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Website through hacking, password or data mining, or any other means.

 

We reserve the right, in our sole and absolute discretion, to deny you (or any device) access to

the Website, or any portion thereof, without notice.

5. FEEDBACK

We welcome and encourage you to provide feedback, comments, and suggestions for

improvements to the Website and our services (“Feedback”). Although we encourage you to

e-mail us, we do not want you to, and you should not, e-mail us any content that contains

 

confidential information. With respect to any Feedback you provide, we shall be free to use and

disclose any ideas, concepts, know-how, techniques, or other materials contained in your

Feedback for any purpose whatsoever, including, but not limited to, the development, production

and marketing of products and services that incorporate such information, without compensation

or attribution to you.

 

 

6. NO WARRANTIES; LIMITATION OF LIABILITY

THE WEBSITE, AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS

AVAILABLE” BASIS, AND NEITHER FREED NOR FREED’ SUPPLIERS MAKE ANY

WARRANTIES WITH RESPECT TO THE SAME OR OTHERWISE IN CONNECTION

WITH THIS AGREEMENT, AND FREED HEREBY DISCLAIMS ANY AND ALL

EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING, WITHOUT

LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY,

FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ERROR-FREE OR

UNINTERRUPTED OPERATION, AND ANY WARRANTIES ARISING FROM A COURSE

OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

 

IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT

CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR

CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM

LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR

INABILITY TO ACCESS AND USE THE WEBSITE OR ANY RELATED SERVICES, EVEN

IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II)

ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF

THE WEBSITE OR ANY RELATED SERVICES SHALL BE LIMITED TO ONE HUNDRED

DOLLARS ($100).

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN

WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES

IN THIS SECTION MAY NOT APPLY TO YOU.

 

THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL

ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH

TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITE.

WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR

IMPROVEMENTS TO THE WEBSITE AT ANY TIME WITHOUT NOTICE.

 

 

7. EXTERNAL SITES

The Website may contain links to third-party websites (“External Sites”). These links are

provided solely as a convenience to you and not as an endorsement by us of the content on such

External Sites. The content of such External Sites is developed and provided by others. You

should contact the Website administrator or webmaster for those External Sites if you have any

concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations

regarding the content or accuracy of materials on such External Sites. You should take

precautions when downloading files from all websites to protect your computer from viruses and

other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

 

 

8. INDEMNIFICATION

You will indemnify, defend, and hold Freed and its shareholders, members, officers, directors,

employees, agents, and representatives (collectively, “Freed Indemnitees”) harmless from and

against any and all damages, liabilities, losses, costs, and expenses, including reasonable

attorney’s fees (collectively, “Losses”) incurred by any Freed Indemnitee in connection with a

third-party claim, action, or proceeding (each, a “Claim”) arising from (i) your breach of this

Agreement; (ii) your misuse of the Website, and/or the Content; and/or (iii) your violation of any

third-party rights, including without limitation any copyright, trademark, property, publicity, or

privacy right; provided, however, that the foregoing obligations shall be subject to our: (i)

promptly notifying you of the Claim; (ii) providing you, at your expense, with reasonable

cooperation in the defense of the Claim; and (iii) providing you with sole control over the

defense and negotiations for a settlement or compromise.

 

 

9. COMPLIANCE WITH APPLICABLE LAWS

The Website is based in the United States. We make no claims concerning whether the Website

and/or the Content may be viewed or be appropriate for use outside of the United States. If you

access the Website and/or the Content from outside of the United States, you do so at your own

risk. Whether inside or outside of the United States, you are solely responsible for ensuring

compliance with the laws of your specific jurisdiction.

 

 

10. TERMINATION OF THE AGREEMENT

We reserve the right, in our sole discretion, to restrict, suspend, or terminate the Agreement

and/or your access to all or any part of the Website, at any time and for any reason without prior

notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the

Website at any time without prior notice or liability.

 

 

11. BINDING ARBITRATION

In the event of a dispute arising under or relating to this Agreement, the Website, or any other

products or services provided by us (each, a “Dispute”), such dispute will be finally and

exclusively resolved by binding arbitration governed by the Federal Arbitration Act (“FAA”).

NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR

TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS

LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT

RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT

FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN

ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties,

whose decision will be final, except for a limited right of appeal under the FAA. The

arbitration shall be commenced and conducted by JAMS pursuant to its then current

Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited

Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration

Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS

website www.jamsadr.com. Each party will be responsible for paying any JAMS filing,

administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s

award may be entered in any court having jurisdiction. This clause shall not preclude parties

from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

The arbitration may be conducted in person, through the submission of documents, by phone, or

online. If conducted in person, the arbitration shall take place in the United States county where

you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending

arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the

arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all

non-privileged documents and other information (including electronically stored information)

relevant to the Dispute immediately after commencement of the arbitration. As set forth in

Section 13 below, nothing in these Terms of Use will prevent us from seeking injunctive relief in

any court of competent jurisdiction as necessary to protect our proprietary interests.

 

 

12. CLASS ACTION WAIVER

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you

individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined

with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a

class action-basis or to utilize class action procedures; and (iii) there is no right or authority for

any Dispute to be brought in a purported representative capacity on behalf of the general public

or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY

IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN

ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

 

 

13. EQUITABLE RELIEF

You acknowledge and agree that in the event of a breach or threatened violation of our

intellectual property rights and confidential and proprietary information by you, we will suffer

irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We

may, without waiving any other remedies under this Agreement, seek from any court having

jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our

rights and property pending the outcome of the arbitration referenced above. You hereby

irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the

federal and state courts in the State of California for purposes of any such action by us.

 

 

14. CONTROLLING LAW; EXCLUSIVE FORUM

The Agreement and any action related thereto will be governed by the laws of the State of

California without regard to its conflict of laws provisions. The parties hereby consent and agree

to the exclusive jurisdiction of the state and federal courts located in the State of California, for all suits, actions, or proceedings directly or indirectly arising out of or relating to this Agreement, and waive any and all objections to such courts, including but not limited to, objections based on improper venue or inconvenient forum, and each party hereby irrevocably submits to the exclusive jurisdiction of such courts in any suits, actions, or proceedings arising out of or relating to this Agreement.

 

 

15. MISCELLANEOUS

If the Agreement is terminated in accordance with the termination provision in Section 10 above,

such termination shall not affect the validity of the following provisions of this Agreement,

which shall remain in full force and effect: “Intellectual Property,” “Feedback,” “No Warranties;

Limitation of Liability,” “Indemnification,” “Compliance with Applicable Laws,” “Termination

of the Agreement,” “Binding Arbitration,” “Class Action Waiver,” “Controlling Law; Exclusive

Forum,” and “Miscellaneous.”

 

You may not assign any of your rights, duties, or obligations under these Terms of Use to any

person or entity, in whole or in part, without written consent from Freed. Our failure to act on or

enforce any provision of the Agreement shall not be construed as a waiver of that provision or

any other provision in this Agreement. No waiver shall be effective against us unless made in

writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.

Except as expressly agreed by us and you in writing, the Agreement constitutes the entire

agreement between you and us with respect to the subject matter, and supersedes all previous or

contemporaneous agreements, whether written or oral, between the parties with respect to the

subject matter. The section headings are provided merely for convenience and shall not be

given any legal import. This Agreement will inure to the benefit of our successors, assigns,

licensees, and sublicensees.

 

 

Copyright 2023 Freed, Inc. All rights reserved.

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