ZERIGO HEALTH, INC.
Thank You for visiting our website which is owned and operated by Zerigo Health, Inc., a Delaware corporation
with a place of business in San Diego, CA, (collectively referred to herein as “Zerigo”, “We”, “Us”, or “Our”) Please
legally binding Terms for Your use of the “Services” which includes all of the following:
- Our websites and related sub-domains and subsites (together with any successor site, each, a “Zerigo
- Our related mobile device application (the “Zerigo Mobile App”);
- Our products including the Zerigo Home Phototherapy Device (the “Zerigo Device”) and any other Zerigo
offered products (the “Zerigo Products”);
- Our services including the services of the ZerigoCare Guides (the “Zerigo Services”); and
- Any offering combining Zerigo Devices, Zerigo Products and/or Zerigo Services (the “Zerigo Solution”).
customer (collectively referred to as “Customer”, You”, and “Your”). If You use the Services on behalf of a company
or other entity then “You” includes You and that entity, and You represent and warrant that (a) You are an
Your employer, Your family member’s employer, or other sponsoring organization (collectively the “Program
Sponsor”), You understand that Your use of the Services may be subject to additional terms as set forth in the
agreement between Zerigo and the Program Sponsor.
ON YOUR BEHALF OR FOR AN ENTITY WITH WHICH YOU ARE AFFILIATED, ACKNOWLEDGE THAT EACH TIME YOU
USE ANY OF THE ZERIGO SERVICES OR THIS WEBSITE OR CONTENT THAT:
- You have read and understand all of these terms and conditions;
You and Zerigo; and
acknowledgement, then do not use any Zerigo Services or access the Zerigo website or use any of its
Services. All users of the Services must accept and comply with the terms and conditions set forth herein. Certain
portions of the Services may be subject to additional terms and conditions specified by us from time to time (the
“Additional Terms”); and Your use of the Services is subject to those Additional Terms. If You have any questions
ACTION AGAINST US; AND (3) A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST US AND CERTAIN THIRD
PARTIES THAT MAY ARISE OUT OF YOUR USE OF THE SERVICES. YOU HAVE THE RIGHT TO OPT-OUT OF THE
ARBITRATION PROVISION AS FURTHER EXPLAINED IN SECTION 28 (ARBITRATION AND CLASS ACTION WAIVER). BY
USING THE SERVICES, YOU AGREE TO THESE PROVISIONS.
YOU UNDERSTAND THAT YOU MAY VOICE GRIEVANCES / COMPLAINTS REGARDING THE SERVICES WITHOUT
REPRISAL BY CONTACTING THE FOLLOWING:
1.1 To register an account on the Services (“User Account”), You must be at least 18 years of age (or the age of
legal majority in Your jurisdiction). If You are the parent or guardian of a person under the age of 18, and You decide
to make the Services available to a minor under the age of majority in their jurisdiction, You may do so by establishing
the User Account in Your name for the benefit of such minor.
You do not need to create a User Account to visit the public pages of the Services, however, You do need a User
Account to use certain Services, including registering any Zerigo Product. You are responsible for providing and
maintaining up-to-date and accurate contact information, including Your telephone number and email address,
and other information on Your User Account. Telephone calls, SMS messages and email correspondence with
Zerigo may be recorded or monitored.
You understand and acknowledge that a smart phone with either an Android or iOS operating system is required
for use of the Zerigo Health Solution, and an onboarding call with a ZerigoCare Guide shall be completed prior to
use of the Zerigo Home Phototherapy Device.
1.2 You are the sole authorized user of Your User Account. You are responsible for maintaining the
confidentiality of any password, account number and other log-in information provided by You or Zerigo for
accessing the Services. You are solely and fully responsible for all activities that occur under Your User Account.
Zerigo does not have any control over the use of Your or any user’s User Accounts, and Zerigo expressly disclaims
any liability derived therefrom. Should You suspect that any unauthorized party may be using Your (or another
user’s) password or account, or You suspect any other breach of security, You will cease all use of such password or
account and contact Zerigo immediately by emailing firstname.lastname@example.org.
If (i) Your contact information changes or (ii) You wish to update Your preferences with respect to SMS messaging
or other communications from us, You may correct, delete inaccuracies, or amend Your user information and
preferences by making the change on Your User Account or by emailing us at email@example.com.
disclose such information, including Your health-related information (collectively, “Information”), in accordance
Information for the following purposes: (a) reviewing Information about You, and using and disclosing that
Information to coordinate or arrange delivery of supplies related to the Services, including those not yet furnished
to You by Zerigo and/or its agents; (b) create and communicate progress reports for Your healthcare provider or insurer; (c) facilitate the issuance of a prescription for Your use of the Zerigo Health System (d) providing product
updates, including regulatory notices relating to existing or future products; (e) create reports, articles and scientific
presentations that are published or presented in a public forum with the understanding that such reports and
publications will not disclose Your identity; and (f) providing information that promotes medical products and/or
services that may be of interest to You.
- CONSENT TO EMAIL AND TEXT MESSAGING
Email communication and text messaging, between Zerigo and patients or users of the Zerigo Services, through
SMS/MMS text messaging, allows Zerigo Health to efficiently exchange information with patients using the Zerigo
System. The Zerigo System includes the use of the Zerigo Mobile App and requires that users of the Zerigo System
provide their consent to the use of email and text messaging as a permitted communication method including
authorization to communicate PHI. Electronic communications such as through email and text messaging are not
completely secure methods of communication.
You understand that communications, including those involving PHI, between You and Zerigo may be transmitted
by electronic means, including, without limitation through SMS/MMS text messaging, email, and/or written, visual,
or audio messages on the Services to the fullest extent permitted by applicable law. You may refuse to permit Zerigo
to communicate with You through email or text messaging however, refusal to do so may result in an inability to
utilize the full scope of the services offered by Zerigo including the full utility of the Zerigo Mobile App.
- AGGREGATED / ANONYMOUS DATA. Zerigo may de-identify Your Information and/or aggregate Your
Information with information from other users that does not include any direct identifiers that could identify You or
anyone else (“Aggregated Data”). You understand and acknowledge that Zerigo may use such Aggregated Data in
- PROGRAM SPONSOR. To the extent You receive the Services through a Program Sponsor, You understand
that Your participation in a third-party program through Your Program Sponsor will be subject to the terms of such
third-party program, which may include providing Your Information to Your Program Sponsor, including information
regarding whether, and to what extent You have participated in the Services.
- PRESCRIPTION REQUIRED BEFORE SHIPMENT. A VALID PRESCRIPTION MUST BE OBTAINED FROM A
LICENSED PHYSICIAN OR OTHER QUALIFIED LICENSED HEALTH CARE PROFESSIONAL IN ORDER FOR YOU, OR THE
PERSON FOR WHOM YOU ARE ACTING, TO ACQUIRE AND USE THE ZERIGO DEVICE AND YOU UNDERSTAND THAT
THE ZERIGO SERVICES MAY ONLY BE ACQUIRED AND USED IN THE UNITED STATES OF AMERICA. Within a
reasonable period of time after receipt of a valid prescription, and payment in full for the Zerigo Device and other
Zerigo Products and/or Services ordered, the Zerigo Device will be shipped to You. You understand and agree that
the Zerigo Device may only be used: (i) pursuant to a valid prescription; (ii) by the person for whom the prescription was written; and (iii) within the United States of America. You agree to not resell, lease, lend, give, or otherwise
transfer ownership or possession of the Zerigo Device to any other person due to the need for a valid prescription
and the potential biohazard that may result from another person’s use.
- WARNING: THE ZERIGO DEVICE MAY BE PURCHASED ONLY FOR PERSONAL USE BY YOU, ON BEHALF OF
YOUR MINOR CHILD OR THE PERSON FOR WHOM YOU ARE ACTING, AND PURSUANT TO A PRESCRIPTION FROM
A LICENSED PHYSICIAN AND/OR OTHER HEALTHCARE PROVIDER. YOU ACKNOWLEDGE AND AGREE THAT YOU
WILL NOT PERMIT ANY OTHER PERSON TO USE THE ZERIGO DEVICE THAT YOU PURCHASE UNLESS IT IS
PURCHASED AS A GIFT, THE RECIPIENT HAS A VALID PRESCRIPTION, AND THE RECIPIENT AGREES TO THESE TERMS
OTHERWISE TRANSFER OWNERSHIP OR POSSESSION OF THE ZERIGO DEVICE TO ANY OTHER PERSON AS USE OF
THE DEVICE BY ANOTHER PERSON WITHOUT A PRESCRIPTION IS UNLAWFUL. EVEN WITH A PRESCRIPTION, USE
OF YOUR ZERIGO DEVICE BY ANOTHER PERSON POSES THE RISK OF EXPOSING THAT PERSON TO BIOHAZARDS
INCLUDING CONTAGIOUS DISEASES, BACTERIA, FUNGI AND VIRUSES.
- READING AND COMPLYING WITH THE INFORMATION IN THE ZERIGO DEVICE PATIENT GUIDE. After You
obtain a prescription for, and when You receive, the Zerigo Device, You will receive and/or have access to the
Zerigo Device Patient Guide (the “Patient Guide”). You agree to read the Patient Guide in its entirety and comply
with all of the instructions that are contained within it. If there is anything in the Patient Guide that You do not
understand, You may contact a ZerigoCare Guide (as described more fully below) by phone or through the
messaging feature on the Zerigo Mobile App.
- Contraindications. As explained in the Patient Guide, contraindications to the use of the Zerigo Device
may include history of photosensitive disorder, history of skin cancer, or current skin cancer. It is also important
for You to talk to Your physician if You have very fair skin or a history of atypical moles. Be sure to discuss with
Your physician any past history of excessive exposure to natural sunlight or phototherapy, immune lowering
medications or conditions and current use of any medications that may make You more sensitive to light.
- Progress Checks and Photos When Using the Zerigo Device. As more fully explained in the Patient Guide,
use of the Zerigo System and the Zerigo Device requires periodic Progress Checks, including Your feedback, and
photos, and these Progress Checks are important for Your healing progress and for maintaining control of Your
condition. Your progress, including photos, is recorded, and can be viewed by You, Your physician, and Your
- Sunburn-Like Reactions. As more fully explained in the Patient Guide, use of the Zerigo Device may result
in redness, increased itchiness and tenderness that may be signs of a sunburn-like reaction and/or tanning of the
skin. The Patient Guide contains instructions for reducing the likelihood of any sunburn-like reaction and/or
tanning. Some medications and dietary supplements when combined with light therapy can increase Your risk of
sunburn. Please notify Your physician if You are unsure about the impact Your medication(s) may have on Your
reaction to the Zerigo Device. ALWAYS CONSULT WITH YOUR PHYSICIAN AND/OR OTHER HEALTH CARE PROVIDER
IF YOU HAVE A BURN REACTION OF ANY TYPE OR SEVERITY.
- ZERIGO DEVICE WARNINGS AND CAUTIONS.
- WARNING: USE OF THE ZERIGO DEVICE, OTHER THAN AS INSTRUCTED, MAY RESULT IN HAZARDOUS UV
LIGHT EXPOSURE. USE OF THE ZERIGO DEVICE MAY CAUSE THE SKIN TO BURN IF IT IS OVEREXPOSED. IF AFTER
USE, BLISTERS ARE VISIBLE, IT MAY BE A SIGN OF A SECOND-DEGREE BURN AND YOU MUST REPORT IT TO
YOUR PHYSICIAN AND/OR OTHER HEALTH CARE PROVIDER IMMEDIATELY.
- WARNING: ALTHOUGH AN INCREASED INCIDENCE OF SKIN CANCER AS A RESULT OF NB-UVB HAS NOT
YET BEEN ESTABLISHED, YOU SHOULD CONSULT WITH YOUR PHYSICIAN IF YOU HAVE A HISTORY OF SKIN
CANCER TO MAKE SURE THIS IS THE RIGHT TREATMENT FOR YOU.
- WARNING: UV HAZARD – AVOID LOOKING DIRECTLY AT LIGHT. REFER TO INSTRUCTIONS FOR PROPER
- WARNING: BIOHAZARD – THE ZERIGO DEVICE IS TO ONLY BE USED BY THE INDIVIDUAL FOR WHOM IT
HAS BEEN PRESCRIBED.
- CAUTION: FEDERAL LAW RESTRICTS THE ZERIGO DEVICE TO SALE BY OR ON THE ORDER OF A PHYSICIAN
OR OTHER QUALIFIED LICENSED HEALTHCARE PROFESSIONAL. FOLLOW THE PRESCRIBING INSTRUCTIONS OF
YOUR PHYSICIAN’S OR OTHER QUALIFIED LICENSED HEALTHCARE PROFESSIONAL.
- DO NOT OPERATE THE ZERIGO DEVICE WHILE OPERATING A MOTOR VEHICLE OR ENGAGING IN ANY
ACTIVITY THAT MAY REQUIRE CONCENTRATED EFFORT.
- DO NOT USE THE ZERIGO DEVICE IF IT LOOKS PHYSICALLY DAMAGED OR MALFUNCTIONS.
- DO NOT OPEN OR TAMPER WITH THE ZERIGO DEVICE. THERE ARE NO USER-SERVICEABLE PARTS.
- DO NOT GET THE ZERIGO DEVICE WET.
- AVOID BLOCKING THE ZERIGO DEVICE’S VENTS FOR EXTENDED PERIODS OF TIME.
- ALWAYS USE THE WRIST LANYARD DURING TREATMENTS TO AVOID DROPPING AND DAMAGING YOUR
- KEEP YOUR ZERIGO DEVICE AWAY FROM EXTREME TEMPERATURES.
- CONSENT TO USE OF ZERIGOCARE GUIDES. A “ZerigoCare Guide” is a member of Zerigo who trains and
educates Zerigo Device users on (i) home phototherapy with the Zerigo System, (ii) the use of the Zerigo Device,
(iii) the use of the Zerigo Mobile App, and (iv) the operation of the Zerigo System. ZerigoCare Guides are available
by telephone and through electronic means to provide technical support in connection with Your use of the Zerigo
Device and/or the Zerigo Mobile App. In addition, ZerigoCare Guides encourage You to comply with the treatment
plan prescribed by Your physician or other health care provider. ZerigoCare Guides (a) have access to Your Health
Information collected and stored by Zerigo, (b) may collect and store Your Health Information You provide, and
(c) may communicate with, collect, and store such information You provide and/or disclose such information to
described above by way of the toll-free telephone number posted on the Zerigo Website and/or the Zerigo Mobile
App or through messaging that may be available on the Zerigo Mobile App and/or the Zerigo Website.
You consent to ZerigoCare Guides initiating contact with You at any time, including, without limitation, after You
express interest in purchasing, and/or after You purchase or receive, the Zerigo Device and/or install the Zerigo
Mobile App. You also consent to all of the functions of ZerigoCare Guides as described in this section, on the
Zerigo Mobile App, on the Zerigo Website, and/or as otherwise expressed in a communication from ZERIGO to
You. YOU UNDERSTAND AND ACKNOWLEDGE THAT ZERIGOCARE GUIDES DO NOT, CANNOT AND WILL NOT
PROVIDE ANY MEDICAL ADVICE OR MEDICAL TREATMENT AND YOU MUST ALWAYS CONSULT WITH YOUR
PHYSICIAN OR OTHER HEALTHCARE PROVIDER.
- THE SERVICES DO NOT PROVIDE MEDICAL ADVICE. The Services, and all content available therein, are for
informational purposes only. The content is not intended to be a substitute for professional medical advice,
diagnosis, or treatment. Always seek the advice of Your physician or other qualified healthcare provider with any
questions You may have regarding a medical condition. Never disregard professional medical advice or delay in
seeking treatment because of content or anything You have read on or about the Services.
You represent and warrant that before using any Zerigo Product, and before subscribing to and/or using the
Services, You will consult with a licensed physician or other licensed health care provider who is authorized to
prescribe the medical device for Your use and to discuss whether the Zerigo Products are appropriate for You.
If You think You may have a medical emergency, call Your doctor or 911 immediately. Zerigo does not endorse
any specific physicians, opinions, or other information that may be mentioned on the Services. Zerigo is not a
health or wellness provider and cannot recommend or refer You to any specific health or wellness provider.
Reliance on any information provided by Zerigo or its employees is solely at Your own risk.
- INTELLECTUAL PROPERTY RIGHTS.
15.1 All copyrightable content and other materials contained within or on, or used in connection with, the
Services, including, but not limited to, all intellectual property and technology of the Zerigo Devices and the text,
graphics, logos, the “look and feel” of the Services, button icons, pictures, images, audio recordings and files, video recordings and files, software, data, routines, documentation, literary works, and compilations are owned by, or
licensed by third parties to, Zerigo and are protected by copyright, trademark and other intellectual property laws.
All patent rights, copyrights, trademark rights, trade dress rights, trade secret rights and other intellectual property
and other rights applicable to the Services and any Zerigo Products are owned by Zerigo and/or its licensors, and as
between You and Zerigo, Zerigo retains ownership of all such rights.
15.2 The word marks and logos used to identify Zerigo as a source of the Services and the Zerigo Products are
trademarks and service marks owned exclusively by Zerigo. Any and all aspects of the Services and the Zerigo
Products (including, but not limited to product design) that qualify as trade dress are owned exclusively by Zerigo.
Zerigo’s trademarks, service marks and/or trade dress are protected by trademark laws of the United States and
other countries throughout the world. You are not permitted to use in any way any of Zerigo’s trademarks, service
marks or trade dress.
exclusive, non-transferable, non-assignable, non-sublicensable, revocable, limited license to access and use the software provided to You as part of the Services and to download a single copy of the Zerigo Mobile App for the
license is revocable at any time without notice for any reason, with or without cause, in Zerigo’s sole discretion.
- USING THE SERVICES
The purposes expressly permitted for accessing, visiting and/or using the Services are:
(a) to obtain information about the Zerigo Services;
(b) to communicate to Zerigo an interest in purchasing and/or using any such Zerigo Service;
(c) to order and complete a purchase transaction to purchase a Zerigo Service;
(d) to obtain information about Zerigo;
(d) to sign up for Zerigo’s newsletters and/or other communications, and/or to receive product and/or
(e) to communicate questions, and give feedback, to Zerigo; and/or
(f) to review any other information contained on or in the Services for any personal or legitimate business
purpose (i) that does not involve engaging in any conduct that would violate any criminal or civil law and/or
give rise to any civil cause of action or claim by Zerigo and/or any other users of the Services who are in
the description of prohibited purposes and activities set forTH in the following Section
(all of the foregoing purposes are hereinafter referred to as “Permitted Purposes and Activities”).
17.2 PROHIBITED PURPOSES AND ACTIVITIES. You acknowledge and agree that, other than the Permitted Purposes and Activities described in the previous Section, Your use of the Services for any other purpose(s) is strictly
whom You are acting. By way of example only, and without limitation, You are expressly prohibited from using the
Services for any or the following purposes and/or activities (“Prohibited Purposes and/or Activities”):
(a) using software robots, crawlers, spiders, data mining or any other data gathering or extraction tools
or methods for any purpose;
(b) obtaining (directly or indirectly) or attempting to obtain contact information, account information,
personal information, personally identifiable information, health care information, protected health
information and/or any other information or data about any user of the Services, and/or any actual
or prospective Zerigo customer;
(c) impersonating another person or entity’s identity or conveying or posting any incomplete, false, or
misleading information about You or Your affiliation with any person or entity;
(d) disclosing any personal information, personally identifiable information, health-related information,
protected health information and/or any other information about any other person or entity without
their express consent;
(e) conveying or posting anything that Zerigo determines, in its sole discretion, to be abusive, harassing,
obscene or objectionable content in any way;
(f) using the Services or using any Zerigo Product for any unlawful purposes or to engage in any unlawful
(g) using the Zerigo Products without a valid prescription or in any way other than as directed by Your
healthcare provider and/or as instructed by Zerigo pursuant to Zerigo’s written or oral instructions or
(h) purchasing and/or using any of the Services or Zerigo Products from, or in, a jurisdiction where it is
unlawful or unauthorized;
(i) obtaining any trade secrets, confidential, or proprietary information from or regarding Zerigo;
(j) introducing any viruses, trojan horses, worms, logic bombs or other content or computer code that
are or seek to be malicious or technologically harmful into Zerigo systems;
(k) access or use the Services in any manner that could disable, overburden, damage, disrupt or impair
the Services or interfere with any other party's access to or use of the Services or use of any device,
software, computer code or routine that causes the same result;
(l) framing or utilizing framing techniques to enclose the Services or any portion thereof;
(m) modifying, downloading, or indexing any of the Services (except caching or as necessary for viewing);
(n) copying, distributing, modifying, adapting, translating, or creating any derivative works based upon
all, or any portion, of the Services;
(o) using any metadata, meta tags, or any other hidden text utilizing Zerigo’s name, trade names,
trademarks, service marks and/or trade dress;
(p) decompiling, disassembling, reverse engineering, or otherwise attempting to derive any source code
from the Services or any Zerigo Product;
(q) engaging in direct, indirect, contributory, and/or joint infringement of, and/or inducing a third party
to infringe upon, any patents owned by, and/or exclusively licensed to, Zerigo;
(r) interfering with, engaging in theft of, and/or gaining unauthorized access to the Services and/or any
other devices, technologies, hardware, or software used in connection with the Services;
(s) acquiring any information pertaining to other users of the Services;
(t) removing, defacing, obscuring, or altering any copyright, patent, trademark, or other intellectual
property rights notices affixed to, or provided in connection with, the Services or any Zerigo Product;
(u) creating or attempting to create a substitute or similar service or product offering through the use of,
or access to the Services;
(v) ccompromising the safety and essential performance of the Services and/or any other devices,
technologies, hardware and/or software used in connection with the Services;
(w) rendering the Services and/or data, systems, servers, and other applications inaccessible to
authorized users; and/or
(x) anything other than Permitted Purposes and Activities as described in the preceding Section.
YOU REPRESENT AND WARRANT THAT YOU WILL NOT ENGAGE IN ANY PROHIBITED PURPOSES AND/OR
ACTIVITIES INCLUDING, WITHOUT LIMITATION, THOSE LISTED ABOVE WHILE USING THE SERVICES.
17.3 User Content License Grant. In connection with Your use of the Services, You may be able to post, upload or submit content to be made available through the Services (“Your Content”). You hereby grant to Zerigo a nonexclusive, perpetual, irrevocable, royalty-free, worldwide, transferable, sublicensable license to access, use,
reproduce, transmit, display, publish and distribute Your Content for use in connection with the Services. As part of
the foregoing license grant You agree that (a) the other users of the Services shall have the right to comment on
and/or tag Your Content and/or to use, publish, display, modify or include a copy of Your Content as part of their
own use of the Services, and (b) we have the right to make any of Your Content available to third parties, so that
those third parties can distribute, make derivative works of, comment on and/or analyse Your Content on other
media and services, either alone or as part of a collective work. By posting or submitting Your Content through the
Services, You represent and warrant (a) that Your Content is accurate and not misleading; and (b) that the use of
privacy or security risk, to any person or entity. We take no responsibility and assume no liability for any content or
materials submitted or uploaded to the Services by You or any third party.
- TERRITORIAL AND GOVERNMENTAL RESTRICTIONS. If You intend to purchase and/or use any Zerigo
Product or Services, You represent and warrant that You are a resident of the United States of America, and that You
will use Zerigo Products or Services only within the United States of America or in a country in which Your use does
not violate any applicable law.
- THIRD-PARTY MATERIALS. The Services may display, include, or make available websites, content,
applications, information, or other materials owned and operated by third-party vendors, affiliates, partners,
licensees or licensors of Zerigo (collectively, “Third-Party Materials”). Zerigo is not responsible for any Third-Party
Content and such Third-Party Content may not be deemed to be endorsed or recommended by Zerigo. Your use of
any Third-Party Materialsis at Your own risk. You acknowledge and agree that Zerigo is not responsible for examining
or evaluating, does not warrant the offerings of, and does not assume any responsibility or liability for the actions,
content, products, or services of, contained on or provided by Third-Party Materials, including, without limitation,
the applicable third party’s privacy policies, compliance with HIPAA or other laws and regulations and/or terms of
websites that You may visit.
- USER SUBMISSIONS. It is the policy of Zerigo to decline unsolicited suggestions and ideas. Notwithstanding
this policy, with regard to unsolicited suggestions and ideas, inclusive of any inquiries, feedback, suggestions, ideas
or other information or content that You provide to Zerigo through the Services or otherwise by e-mail, messaging
or other written communication, or transmitted or delivered orally and/or in writing by any other means (hereinafter
referred to as "User Submission(s)"), will be treated as non-proprietary and non-confidential. You represent and
warrant that (i) Your User Submissions are non-proprietary and non-confidential, (ii) You own the User Submissions
communicated by You to Zerigo or otherwise have the right to grant a license to use the same to Zerigo with respect
to all or part of any such User Submissions as set forth herein, (iii) Your communication of any User Submissions to
Zerigo does not violate any copyrights, patent rights, trademark rights, trade secret rights, other intellectual property
rights, confidentiality obligations, contractual rights, publicity rights (e.g. use of name and likeness) or any other
rights of any person or entity, (iv) Your communication of any User Submissions to Zerigo does not result in a breach
of any contract with any other person or entity, and (v) none of Your User Submissions constitute or contain software
viruses, malicious computer code, commercial solicitations, chain letters, mass mailings, or any form of "spam." By
communicating, transmitting or posting any User Submissions to Zerigo, through or on the Services or by any other
means, You hereby grant Zerigo a non-exclusive, royalty-free, perpetual, assignable, transferable, irrevocable, and
fully sub-licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works
from, make, use, offer to sell, sell, distribute and display any User Submissions (including the contents thereof) in
any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You
also acknowledge and agree that Your User Submissions may not be returned and Zerigo may use Your User
Submissions, and any inventions, ideas, concepts or know how contained therein, for any purpose including, without
limitation, developing, manufacturing, distributing, and marketing products. You may not use a false e-mail address,
impersonate any person or entity, or otherwise mislead Zerigo as to the origin of any of Your User Submissions. You agree to indemnify Zerigo and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors for all
claims arising from or in connection with any claims to any rights in any of Your User Submissions.
- COPYRIGHT INFRINGEMENT CLAIMS: NOTICE AND TAKEDOWN PROCEDURES. The Digital Millennium
Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on
the Internet infringes their rights under U.S. copyright law. If You believe in good faith that materials available on
the Services infringe Your rights under U.S. copyright law, You (or Your agent) may send to Zerigo a written notice
by e-mail requesting that Zerigo remove such material or block access to it. If You believe in good faith that someone has wrongly filed a notice of copyright infringement against You, the DMCA permits You to send to Zerigo a counter-notice. Notices and counter-notices must be sent in writing and meet the then-current statutory requirements imposed by the DMCA (see https://www.copyright.gov for details), which, with respect to notices of infringement, currently include, among other requirements, the following:
(a) Sufficient information identifying the copyrighted work(s) believed to be infringed.
(b) Sufficient information identifying the allegedly infringing material(s) and the location of such
material(s) in order to permit Zerigo to locate such material(s);
(c) A statement from the owner (or the owner’s authorized representative) of the copyrighted work(s)
believed to be infringed that such owner or authorized representative has a good faith belief that the
allegedly infringing materials are used in a manner not authorized by the copyright owner, its agent,
or the law;
(d) Contact information for the complaining party, including a mailing address, a telephone number and, if
available, an email address;
(e) A statement that the information in the notification is accurate and, under penalty of perjury, that the
complaining party is authorized to act on the copyright owner’s behalf; and
(f) A signature or the electronic equivalent from the owner (or the owner’s authorized representative) of
the copyrighted work(s) believed to be infringed. Notices and counter-notices must be sent in writing
via email to Zerigo’s DMCA agent at firstname.lastname@example.org, Attn: DMCA Agent.
- USE OF THE ZERIGO MOBILE APP.
22.1 In order to use a Zerigo Product, You must register the Zerigo Product through the Zerigo Mobile App. You
agree to use the Zerigo Mobile App: (i) only as directed by Your physician or other healthcare provider in accordance
with a valid prescription, and (ii) in accordance with the directions and/or instructions for use provided to You by
Zerigo orally by ZerigoCare Guides (as described below) or other Zerigo employees and/or independent contractors,
or in writing in hard copy and/or electronic form by way of the Zerigo Mobile App, Zerigo Websites, the Patient Guide
(as described below), email, text or other instant messaging and/or other means of transmission, as well as through
audiovisual tutorials. You agree to permit the Zerigo Mobile App to access other software, functions and features
of Your smart phone or other authorized device necessary and/or desirable for the operation of the applicable Zerigo
Product, including, without limitation, camera, microphone, calendar, messaging, email, audio, video, other mobile
applications and/or any other software, function, or feature. Zerigo supports the most current version of the Zerigo
Mobile App as well as the two (2) immediately preceding versions. All versions of the Zerigo Mobile App older than
the foregoing, will not be supported by Zerigo and users should immediately download the newest version of the
Zerigo Mobile App to ensure proper operation of the App.
22.2 You are responsible for providing the mobile device, wireless service plan, software, Internet connections
and/or other equipment or services that You need to download, install, and use the Zerigo Mobile App. We do not
guarantee that the Zerigo Mobile App can be accessed and used on any particular device or with any particular
service plan. We do not guarantee that the Zerigo Mobile App will be available in any particular geographic location.
As part of the Services, and to update You regarding the status of deliveries of Zerigo Products, You may receive
push notifications, local client notifications, text (SMS/MMS) and picture messages, alerts, emails, or other types of
messages directly sent to You in connection with the Zerigo Mobile App (“Push Messages”). You acknowledge that,
when You use the Zerigo Mobile App, Your wireless service provider may charge You fees for data, text messaging and/or other wireless access, including in connection with Push Messages. You have control over the Push Messages
settings and can opt in or out of these Push Messages through the Services or through Your mobile device’s operating
system (with the possible exception of infrequent, important service announcements and administrative messages).
Please check with Your wireless service provider to determine what fees apply to Your access to and use of the Zerigo
Mobile App, including Your receipt of Push Messages from us. You are solely responsible for any fee, cost, or expense
that You incur to download, install and/or use the Zerigo Mobile App on Your mobile device, as well as for Your
receipt of push messages from us.
22.3 The following terms and conditions apply to You only if You are using the Zerigo Mobile App from the Apple
App Store. To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict
with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this
paragraph apply, but solely with respect to the Zerigo Mobile App from the Apple App Store. You acknowledge and
agree that these Terms are solely between You and Zerigo, not Apple, and that Apple has no responsibility for the
Zerigo Mobile App or content thereof. Your use of the Zerigo Mobile App must comply with the App Store’s
support services with respect to the Zerigo Mobile App. In the event of any failure of the Zerigo Mobile App to
conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price, if any, for the
App to You. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation
whatsoever with respect to the Zerigo Mobile App, and any other claims, losses, liabilities, damages, costs, or
and Zerigo acknowledge that Apple is not responsible for addressing any claims of Yours or any third party relating
to the Zerigo Mobile App or Your possession and/or use of the Zerigo Mobile App, including, but not limited to: (a)
product liability claims, (b) any claim that the App fails to conform to any applicable legal or regulatory requirement,
and (c) claims arising under consumer protection or similar legislation. You and Zerigo acknowledge that, in the event
of any third-party claim that the Zerigo Mobile App, or Your possession and use of the Zerigo Mobile App, infringes
upon any third party’s intellectual property rights, Zerigo, not Apple, will be solely responsible for the investigation,
defense, settlement and discharge of any such intellectual property infringement claim to the extent required by
App. You and Zerigo acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of
Use against You as a third-party beneficiary thereof.
- Indemnification. You agree to defend, indemnify and hold Zerigo, its subsidiaries and affiliates, and their
directors, members, managers, officers, employees, agents, independent contractors, attorneys, partners, licensors
and licensees, harmless for, from and against any loss, damages or costs, including reasonable attorneys' fees,
resulting from any third party claim, action, or demand arising from and/or related to (i) Your use of the Services, (ii)
violation of any applicable laws, and/or (iv) Your negligence or willful misconduct.
- LIMITED WARRANTY; DISCLAIMER. YOU EXPRESSLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT (A)
ZERIGO’S PRODUCTS, INCLUDING THE ZERIGO DEVICE AND ITS ACCESSORIES, ARE SUBJECT TO A LIMITED WARRANTY
IN FAVOR OF THE ORIGINAL BUYER OF THE ZERIGO DEVICE (“BUYER”) ONLY TO BE FREE FROM MANUFACTURING
DEFECTS FOR A PERIOD OF ONE (1) YEAR FROM THE DATE OF SHIPMENT, AND (B) THE SOLE AND EXCLUSIVE REMEDY
SHALL BE FOR ZERIGO TO REPAIR OR REPLACE THE DEFECTIVE ZERIGO DEVICE AND/OR OTHER ZERIGO PRODUCT OR
COMPONENT THEREOF PURCHASED BY BUYER, PROVIDED THAT BUYER GIVES WRITTEN NOTICE TO ZERIGO OF
BUYER’S CLAIM OF DEFECT AND BUYER COMPLIES WITH ZERIGO’S INSTRUCTIONS FOR RETURNING THE DEFECTIVE
PRODUCT TO ZERIGO OR ZERIGO’S AUTHORIZED AGENT. ZERIGO MAY OFFER BUYER THE OPPORTUNITY TO EXTEND
THE EXPIRATION DATE OF THIS LIMITED REPAIR OR REPLACEMENT WARRANTY FOR AN ADDITIONAL FEE AS
PUBLISHED ON ZERIGO’S WEBSITE OR AS OTHERWISE COMMUNICATED IN WRITING TO BUYER. ZERIGO’S
DETERMINATION AS TO WHETHER A MANUFACTURING DEFECT EXISTS AND IS COVERED BY THIS LIMITED
WARRANTY SHALL BE FINAL AND BINDING. IF THE FAILURE OF OPERATION IS DEEMED BY ZERIGO TO BE OUTSIDE OF WARRANTY COVERAGE, ZERIGO WILL CHARGE BUYER FOR REPAIR OR REPLACEMENT. EXCEPT AS SET FORTH
HEREIN, THE SERVICES ARE PROVIDED "AS IS” AND “WITH ALL FAULTS” AND ZERIGO MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESSED, OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED
WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND/OR TREATMENT OUTCOME, WITH RESPECT TO SERVICES, EXCEPT TO THE EXTENT THAT APPLICABLE LAW
PRECLUDES DISCLAIMER OF ANY SUCH IMPLIED WARRANTIES. ZERIGO HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED
WARRANTIES AND GUARANTIES TO THE FULLEST EXTENT NOT PROHIBITED BY ANY APPLICABLE LAW. WE MAKE NO
WARRANTY OR REPRESENTATION AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR: (A) THE COMPLETENESS,
ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICES; (B) ANY HARM TO YOUR
COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE
SERVICES; (C) THE OPERATION OR COMPATIBILITY WITH ANY OTHER APPLICATION OR ANY PARTICULAR SYSTEM OR
DEVICE; (D) WHETHER THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED,
SECURE OR ERROR-FREE BASIS; AND (E) THE DELETION OF, OR THE FAILURE TO STORE OR TRANSMIT, YOUR
CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICES. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY OR
REPRESENTATION NOT EXPRESSLY MADE HEREIN
- LIMITATION OF LIABILITY. YOU EXPRESSLY ACKNOWLEDGE, UNDERSTAND AND AGREE ON BEHALF OF
YOURSELF, YOUR MINOR CHILD AND/OR ANY OTHER PERSON OR ENTITY FOR WHOM YOU ARE ACTING THAT, TO
THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ZERIGO, ITS SUBSIDIARIES, AND AFFILIATES, AND THEIR
DIRECTORS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS, ATTORNEYS,
PARTNERS, LICENSORS AND LICENSEES WILL NOT BE RESPONSIBLE OR LIABLE TO YOU, YOUR MINOR CHILD AND/OR
ANY OTHER PERSON OR ENTITY (WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER LEGAL OR EQUITABLE
THEORY), UNDER ANY CIRCUMSTANCES, FOR PERSONAL INJURY, DEATH, AND/OR DAMAGES OF ANY TYPE
INCURRED BY YOU, YOUR MINOR CHILD AND/OR ANY OTHER PERSON OR ENTITY BY REASON OF THE OPERATION
AND/OR USE OF THE ZERIGO DEVICE (AND/OR ANY ACCESSORIES), THE ZERIGO MOBILE APP, THE ZERIGOCARE
GUIDE SUPPORT, AND/OR ANY OTHER ZERIGO PRODUCTS OR SERVICES, AND/OR ANY ACTS OR OMISSIONS OF
ZERIGO’S EMPLOYEES, AGENTS AND/OR INDEPENDENT CONTRACTORS IN ADDITION, TO THE FULLEST EXTENT
PERMITTED BY LAW, ZERIGO, ITS SUBSIDIARIES, AND AFFILIATES, AND THEIR DIRECTORS, MEMBERS, MANAGERS,
OFFICERS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS, ATTORNEYS, PARTNERS, LICENSORS AND LICENSEES
WILL NOT BE LIABLE TO ANY USERS OF THE SERVICES FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION,
WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF ZERIGO HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ALSO AGREE THAT ZERIGO IS NOT RESPONSIBLE FOR ANY
DAMAGES OR OTHER HARM YOU, YOUR MINOR CHILD AND/OR ANY OTHER PERSON OR ENTITY SUFFERS AS A
RESULT OF (1) ANY ACTS, OMISSIONS AND/OR HEALTH CARE DECISIONS OF ANY PHYSICIAN OR OTHER HEALTH CARE
PROVIDER, AND/OR (2) THE PURCHASE OR USE OF THE ZERIGO DEVICE (AND/OR ANY OF ITS ACCESSORIES), THE
ZERIGO MOBILE APP, THE SERVICES OF ZERIGOCARE GUIDE, ANY OTHER ZERIGO PRODUCTS AND/OR SERVICES,
INCLUDING ANY NEGATIVE TREATMENT OUTCOME, SIDE EFFECTS, ILLNESSES, PERSONAL INJURIES AND/OR DEATH.
FURTHER, YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS INHERENT TO THE TRANSMISSION OF PERSONAL
INFORMATION AND/OR HEALTH CARE INFORMATION ELECTRONICALLY OVER THE INTERNET AND STORED ON ANY
COMPUTER, SERVER, OR OTHER ELECTRONIC MEMORY DEVICE, AND THAT ZERIGO IS NOT RESPONSIBLE FOR ANY
LOSSES, CORRUPTION, DAMAGE, OR HARM TO YOU, YOUR INFORMATION, AND/OR YOUR CONFIDENTIALITY OR
PRIVACY RESULTING FROM ANY UNAUTHORIZED DATA BREACH. YOU ACKNOWLEDGE ON BEHALF OF YOURSELF,
YOUR MINOR CHILD AND/OR ANY PERSON OR ENTITY FOR WHOM YOU ARE ACTING THAT IN NO EVENT SHALL THE
MAXIMUM AGGREGATE LIABILITY OF ZERIGO TO YOU, YOUR MINOR CHILD, ANY PERSON FOR WHOM YOU ARE
ACTING, AND ANY OTHER PERSON OR ENTITY FOR ANY CLAIM OR CLAIMS IN THE AGGREGATE EXCEED ONE
THOUSAND DOLLARS ($1,000.00) OR THE AMOUNT PAID BY YOU TO ZERIGO FOR THE SERVICES (INCLUDING THE
ZERIGO DEVICE), WHICHEVER IS GREATER.
- TERMINATION. Zerigo reserves the right to terminate (i) Your access to the Services, and/or (ii) Your User
Account and/or relationship with Zerigo, with or without cause in Zerigo’s sole discretion. You will be given written e-mail notice of such termination; sent to the last known e-mail address that You have provided to Zerigo. Zerigo
also reserves the right to refuse to provide any product or service to You without cause in Zerigo’s sole discretion.
You may terminate Your User Account and/or relationship with Zerigo only in accordance with the procedures on
the Services. Upon termination of (i) Your access to the Services, and/or (ii) Your User Account and/or relationship
with Zerigo, You shall immediately cease accessing and using the Services. Upon such termination, all provisions of
licenses or access to the Services, which shall thereafter be terminated, and You will no longer be permitted to access
and use the Services in any capacity under any circumstances.
- ARBITRATION AND CLASS ACTION WAIVER
THIS SECTION INCLUDES AN ARBITRATION AGREEMENT AND AN AGREEMENT THAT ALL CLAIMS WILL BE BROUGHT
ONLY IN AN INDIVIDUAL CAPACITY (AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING).
PLEASE READ IT CAREFULLY. YOU MAY OPT OUT OF THE ARBITRATION AGREEMENT BY FOLLOWING THE OPT OUT
PROCEDURE DESCRIBED BELOW.
27.1 Informal Process First. You agree that in the event of any dispute between You and Zerigo, You will first contact Zerigo and make a good faith, sustained effort to resolve the dispute before resorting to more formal means
of resolution including, without limitation, any court action.
27.2 Arbitration Agreement. After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to Your use of the Services, will be finally resolved by binding
arbitration. This mandatory arbitration agreement applies equally to You and to Zerigo. However, this arbitration
agreement does not (a) govern any Claim by Zerigo for infringement of its intellectual property or access to the
of applicable small claims court procedures in appropriate cases.
Arbitration is more informal than a lawsuit filed in civil court. There is no judge or jury in an arbitration. Instead,
the dispute is heard and resolved by a neutral arbitrator. Court review of an arbitration award is limited. Except to
the extent the parties agree otherwise, arbitrators can award the same damages and relief that a court can award.
You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and
that You and Zerigo are each waiving the right to a trial by jury or to participate in a class action lawsuit. This
If You wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, You must
send a letter requesting arbitration and describing Your claim to Zerigo at: 10201 Wateridge Circle, Suite 200, San
Diego, CA 92121. The arbitration will be administered by JAMS under its Comprehensive Arbitration Rules and
The number of arbitrators assigned to hear your concerns will be one. You may choose to have the arbitration
conducted by telephone, based on written submissions, or in person in the county where You live or at another
mutually agreed location. The arbitration will be conducted in the English language (interpreter available upon
request), in San Diego, California. Judgment on the award rendered by the arbitrator may be entered in any court
having jurisdiction thereof.
Payment of all filing, administrative and arbitrator fees will be governed by the JAMS rules. If You are an individual,
and have not accessed or used the Services on behalf of an entity, we will reimburse those fees for claims totaling
less than $10,000 unless the arbitrator determines the claims are frivolous, and we will not seek attorneys’ fees
and costs in arbitration unless the arbitrator determines that the claims are frivolous.
The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute
relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this
arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable.
However, the preceding sentence will not apply to the “Class Action Waiver” section below.
Opt-out: If You are an individual, You may opt out of this arbitration agreement, within thirty (30) days of the
first date You access or use the Services, by sending an email to: email@example.com.
Class Action Waiver Any Claim must be brought in the respective party’s individual capacity, and not as a
plaintiff or class member in any purported class, collective, representative, multiple plaintiffs, or similar
proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. If
the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims,
conduct any Class Action proceeding, nor make an award to any person or entity not a party to the arbitration.
Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be
determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any
right to litigate a claim, case, or grievance in court, to have a judge or jury decide their case, or to be a party to a
class or representative action, is waived and that any claims must be decided individually, through arbitration.
If this class action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if
otherwise effective, will be null and void. The arbitrator may award declaratory or injunctive relief only in favor
of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's
individual claim. If, for any reason, a claim proceeds in court rather than in arbitration, You and Zerigo each
waive any right to a jury trial.
- ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES. You agree on behalf of Yourself, Your
minor child, and/or any other person for whom You are acting that communications between You and Zerigo may
be transmitted by electronic means, including, without limitation SMS/MMS text messaging, email, and/or through
written, visual, or audio messages on the Services to the fullest extent permitted by applicable law. You understand
that electronic communications such as email and text messaging are not completely secure methods of
communication and that You am not required to authorize Zerigo to communicate with You using SMS/MMS text
communication. You also authorize Zerigo to communicate with You, including the disclosure of Your Protected
Health Information (PHI) as required, using email and/or text messaging. (See Below) In addition, You agree on behalf
of Yourself, Your minor child, and/or any other person for whom You are acting, that Your electronic signature
(including the electronic expression of Your agreement on the Services) shall have the full force and effect of Your
actual signature to the fullest extent permitted by applicable law.
- GENERAL PROVISIONS.
agreement between You and Zerigo and supersede all prior or contemporaneous discussions, representations, and
proposals, written or oral, with respect to the subject matter discussed herein.
29.2 Export Laws. You agree that You will not export or re-export, directly or indirectly the Products or Services
and/or other information or materials provided by Zerigo hereunder, to any country for which the United States or
any other relevant jurisdiction requires any export license or other governmental approval at the time of export of
such device, software, or data without first obtaining such license, approval or other applicable license exemption
or exception. In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S.
embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting”
country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S.
Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s
List or Entity List. By using the Services, You represent and warrant that You are not located in any such country or included on any such list. You also agree that You will not use these products for any purposes prohibited by United
States law, including, without limitation, the development, design, manufacture, or production of nuclear, missiles,
or chemical or biological weapons. You are responsible for and hereby agree to comply, at Your sole expense, with
all applicable United States export laws and regulations.
addition to any remedies it may have hereunder or at law without posting a bond, other security, or proof of damages.
not be assigned by You, without the prior express written consent of Zerigo. If any provision hereof is or becomes,
at any time or for any reason, unenforceable or invalid, no other provision hereof will be affected thereby, and the
remaining provisions will continue with the same effect as if such unenforceable or invalid provisions will not have
been inserted herein; provided that the ability of either party to obtain substantially the bargained-for performance
of the other will not have thereby been impaired. It is expressly understood that in the event either party on any
occasion fails to perform any term hereof, and the other party does not enforce that term, the failure to enforce on
any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion.
representative of the other party or both parties as joint venturers or partners for any purpose. In the event that
due to any cause beyond the reasonable control of the party invoking this provision, the affected party's
performance will be extended for the period of delay or inability to perform due to such occurrence. The headings
You and Zerigo agree that the United Nations Convention on Contracts for the International Sale of Goods will not
also be subject to other local, state, national, or international laws.
Under California Civil Code Section 1789.3, California users of the Services receive the following specific consumer
rights notice: 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 Blvd., Suite N 112 Sacramento, CA 95834, or
by telephone at (800) 952-5210.
faith and fair dealing), in whole or in part, as a result of any event or series of events caused by or resulting from any
of the following: (i) weather conditions or elements of nature; (ii) acts of God; (iii) acts of war, terrorism, insurrection,
riots, rebellion and/or civil disorders; (iv) pandemics or quarantines; (v) embargoes; (vi) labor strikes; (vii)
telecommunications, network, computer, server, storage device, hardware, software and/or Internet disruptions,
failures or downtimes; (viii) unauthorized access to the Services and/or any telecommunications, network,
computer, server, storage device, hardware, software and/or Internet systems operated by or on behalf of Zerigo;
and/or (ix) any other event or occurrence beyond the reasonable control of Zerigo.
respect to You immediately upon Your first interaction with or use of the Services after the “Last Revised” date at
changes that are material, we may use reasonable efforts to attempt to notify You, including by email or placing a
prominent notice on the first page of the Website and the Zerigo Mobile App. However, it is Your sole responsibility
information that is not available on the Services, by emailing us at firstname.lastname@example.org, calling us at +1 (877) 520-5697 or sending mail to us at the following address:
ZERIGO HEALTH, INC.
10201 Wateridge Circle, Suite 200
San Diego, CA 92121