BY DOWNLOADING OR USING THE MS APP, YOU AGREE TO THESE TERMS AND OUR MS PATIENT APP PRIVACY NOTICE AND CONSENT. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, THEN PLEASE DO NOT ACCESS OR USE THE MS APP.
These Terms constitute an agreement between Biogen Inc. and its affiliates (collectively, “Biogen” or “we” or “us”) and you. We recommend that you print out a copy of these Terms for your records.
Additional Terms. Certain services offered through the MS APP may be governed by additional terms and conditions presented in conjunction with them. You must agree to the additional terms before using such services. These Terms and any additional terms will apply equally. In the event of an irreconcilable inconsistency between any additional terms and these Terms, the additional terms will prevail.
Changes to Terms. Biogen may modify the MS APP, these Terms or other rules governing its use, at any time. Modifications will be posted within the application, so please check the Terms when you use the MS APP. By continuing to use of the MS APP after such changes are posted, you agree to accept such changes. All changes are effective when we post them and apply to your access and use of the MS APP thereafter.
PLEASE NOTE THAT THESE TERMS CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.
SCOPE OF USE
The MS APP is owned by Biogen and licensed to you for your personal, non-commercial use only. Biogen invites you to view, use and download the MS APP for your informational purposes only. Except as otherwise provided in these Terms, you may not copy, distribute, publish, transmit, modify, create derivative works of or otherwise exploit any part of the MS APP. You understand that Biogen may discontinue, change or restrict your use of this mobile application for any reason without notice. All rights not expressly granted herein are reserved by Biogen.
THE MS APP DOES NOT PROVIDE MEDICAL ADVICE OR PROFESSIONAL SERVICES. The content on the MS APP is intended as an informational resource with respect to the subject matter covered. You are encouraged to confirm the information with other sources, and to review the information carefully with your healthcare provider. Continuous use of the MS APP allows you to gather information related to your multiple sclerosis disease. You are solely responsible for the analysis of the data along with your healthcare provider. MS APP does not draw conclusions from the data nor does it make recommendations. The information provided and data collected are not intended to replace medical consultation with or medical advice offered by a physician or healthcare professionals. If you desire or need such services or advice, you should consult a professional healthcare provider. Biogen does not engage in rendering medical or similar professional services or advice via the MS APP.
USERS AND ACCOUNTS
The MS APP is not intended for use by anyone under age 18. YOU MUST BE AT LEAST AGE 18 TO ACCESS AND USE THE MS APP. By accessing, using and/or submitting information to or through the MS APP, you represent that you are at least age 18.
You may need to create and register an account to use certain services within the MS APP. In creating an account, you agree to:
- create only one account;
- provide honest, accurate, current and complete information regarding yourself;
- keep your information updated and accurate;
- keep your account password private and not share it with others; and
- notify Biogen if you discover or suspect that your account has been hacked or its security breached.
You also agree to take responsibility for all activities on or under any account registered to you and you accept all risks for any unauthorized use of your account.
You are responsible for providing the equipment and services that you need to access and use the MS APP. We do not guarantee that the MS APP are accessible on any equipment or device or with any software or service plan.
We reserve the right, without notice and in our sole discretion at any time, to terminate your right to access and use the MS APP or any component of them and to block or prevent future access to and use of the MS APP and to delete your account and any related information. Any obligation or liability incurred prior to our termination of your access to the MS APP will survive such termination.
You may use the MS APP for lawful purposes and in accordance with these Terms. You may not use the MS APP:
- for any purpose that is unlawful or prohibited by these Terms;
- to cause harm or damage to any person or entity;
- interfere with the proper operation of the MS APP; or
- to upload, post or transmit any material that violates any law, infringes on the rights of any third party or contains defamatory, libelous, abusive, obscene or otherwise objectionable material (as determined by Biogen in its sole discretion).
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS BIOGEN AND ITS PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS FROM AND AGAINST ANY ACTUAL OR THREATENED CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES) RESULTING (OR ALLEGED TO RESULT) FROM YOUR USE OF ANY MS APP IN ANY MANNER THAT VIOLATES OR IS ALLEGED TO VIOLATE APPLICABLE LAW OR THESE TERMS
Provision of the MS APP
You acknowledge and agree that the MS APP, or certain features of the MS APP, may change from time to time without notice to you. Any new feature that augments, enhances or modifies the current MS APP is subject to these Terms.
You acknowledge and agree that we may decline to provide access to the MS APP or stop (permanently or temporarily) providing the MS APP (or any feature, program or content within the MS APP) to you or other users at our sole discretion, without notice or liability to you. You may stop using any part of the MS APP at any time. You do not need to specifically inform us when you stop using the MS APP.
You acknowledge and agree that if we disable access to your account, you may be prevented from accessing the MS APP, your account details, or any files or other content which are contained in your account.
The following additional terms and conditions (“Mobile Terms”) also apply:
- You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the MS APP. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details.
- You understand that wireless service may not be available in all areas at all times and may be affected by product, software, coverage or service changes made by your service provider or otherwise.
- Additional terms and conditions may apply to your use of our mobile applications based on the type of mobile device that you use.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
Your use of the MS APP or any content is at your own risk. Except as expressly otherwise stated, Biogen does not make any warranty, express or implied, as to accuracy, reliability or availability of the MS APP. Without limiting the generality of the preceding sentence, Biogen specifically disclaims, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE, AND ALL WARRANTIES OF TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, with respect to all materials accessible through the MS APP. The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain implied warranties.
Biogen does not guarantee that the functions contained in the MS APP will be secure, uninterrupted or error-free, that the MS APP will be free of viruses, other harmful components or delays in transmission, or that defects will be corrected even if Biogen is aware of them.
Although the content of the MS APP is updated periodically, Biogen does not have a duty to update information contained in the MS APP, and Biogen will not be liable for any failure to update such information. Biogen does not assume any responsibility or liability for the accuracy, completeness, reliability or usefulness of the information disclosed or accessed through the MS APP. It is your responsibility to verify any information contained in this mobile application before relying upon it.
To the fullest extent allowed by applicable law, Biogen is not liable for any direct, indirect, special, incidental, consequential, punitive or other damages arising from your use of, or inability to use the MS APP or any materials available on the MS APP.
In no event will Biogen’s and its parent's or affiliates' total liability to you for damages, losses and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing the MS APP or $100, whichever is less. You agree to bring all actions within one (1) year from the date of the accrual of the cause of action and that actions brought after this date will be barred.
Copyright and Trademark
Unless otherwise noted, all materials published on the MS APP are protected as the copyrights, trade dress, trademarks and/or other intellectual properties owned by Biogen and/or its subsidiaries and affiliates or by other parties that have licensed their material to Biogen. All content of this MS APP is protected by U.S. and foreign copyright laws. You may not copy, modify, upload, download, post, transmit, republish or distribute any of the content, including without limitation the code, contained in the MS APP without our prior written permission except for your own personal, non-commercial purposes. Except as provided in the preceding sentence, nothing contained in the MS APP shall be construed as granting a license or other rights under any patent, trademark, copyright or other intellectual property of Biogen or any third party. Unauthorized use of any Biogen trademark, service mark or logo may be a violation of federal, state or foreign trademark laws.
You may not remove or alter any copyright, trademark or other proprietary right notice in the MS APP. All rights not expressly granted are reserved.
We may run promotional campaigns on the MS App, such as sweepstakes, contests, or lotteries. When we run these campaigns, we will post official rules for each campaign.
Feedback and Submissions
We do not accept unsolicited ideas. If you submit material to us through the MS APP, you expressly grant to Biogen a royalty-free, non-exclusive, fully transferable, assignable and sub-licensable right and license to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from and distribute such material, throughout the world and in perpetuity, in all media now known or hereafter devised and for all lawful business purposes of Biogen and its affiliates (including, without limitation, advertising, promotional and marketing purposes). You also acknowledge and agree that if, and to the extent, the material submitted by you identifies you by name, likeness, voice or otherwise, the foregoing license granted by you will automatically be deemed to cover and extend to our use of your identification in connection with our use of the material submitted by you. In addition, you warrant that all so-called "moral rights" have been waived.
Links provided within the MS APP will allow you to connect to other apps, websites or services that are not under Biogen's control. We do not endorse and are not responsible for the content of such websites and/or services. You access such websites and use such services at your own risk.
LOCATION AND GOVERNING LAW
These Terms and your use of the MS APP are governed by the laws of the Commonwealth of Massachusetts, without reference to its choice of law rules.
No delay or failure on the part of Biogen to enforce any part of these Terms will constitute a waiver of any of Biogen' rights under these Terms whether for past or future actions on the part of any person. Neither the receipt of any funds by Biogen nor the reliance of any person on Biogen' actions will be deemed to constitute a waiver of any part of these terms. Only a specific, written waiver signed by an authorized representative of Biogen will have any legal effect whatsoever. If any provision of these Terms is determined to be illegal, invalid or unenforceable under present or future law, such provision will be deemed to be deleted without affecting the enforceability of all remaining provisions. These Terms will inure to the benefit of and will be binding upon each party’s successors and assigns. These Terms and the rights granted hereunder may be assigned by Biogen but you may not assign them without the prior express written consent of Biogen. The headings and captions contained herein are for convenience only.
VIOLATIONS AND ADDITIONAL POLICIES
Biogen reserves the right to seek all remedies available at law or in equity for violations of these Terms of the rules and regulations set forth in the MS APP, including the right to block access from a mobile device address to the MS APP.
If you have any questions about these Terms, please contact the relevant individual listed in the Contact Us section of the MS APP.
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