End User License Agreement
The BirthBerry, BurpBerry, KickBerry, TickerBerry applications are not meant to be a substitute for professional advice and are not to be used for medical diagnosis. Extensive effort has been exerted to make this software as accurate as possible. However, the accuracy and completeness of the information provided by this software cannot be guaranteed. This software is to be used as a guide only, and health care professionals should use sound clinical judgement and individualize therapy to each specific patient care situation. All information provided by the BirthBerry, BurpBerry, KickBerry, TickerBerry applications must be confirmed before clinical use or diagnostic purposes by qualified health care professionals. The authors make no claims whatsoever, expressed or implied, about the authenticity, accuracy, reliability, completeness or timeliness of the material, software, text, graphics and links given.
You are responsible for any and all activity made by You or anyone You allow to use the BirthBerry, BurpBerry, KickBerry, TickerBerry applications or babyberryapps.com website including Your colleagues, friends and members of Your family. Any material You or anyone else accesses or obtains using the BirthBerry, BurpBerry, KickBerry, TickerBerry applications or babyberryapps.com website is entirely at Your risk.
You are responsible for ensuring that Your BlackBerry device and service are compatible with the BirthBerry, BurpBerry, KickBerry, TickerBerry applications and for any damage that may be caused to such items by any actions you take. We shall not be liable for any losses suffered by You as a result of any such incompatibility or damage. You are responsible for paying any and all charges in relation to BlackBerry device or service.
We are under no obligation to provide You with any technical support under this Agreement and We provide You with no assurance that any specific errors, problems, discrepancies or other matters raised by You will be corrected.
We neither endorse nor are We responsible for the accuracy, reliability or veracity of any opinion, advice, or statement made or implied, including but not limited to any defamatory, obscene, racist, sexist, or other derogatory Content. We shall not be liable for any loss suffered by You in reliance on any statement, opinion or advice in the BirthBerry, BurpBerry, KickBerry, TickerBerry applications or website. You shall indemnify Us and Our employees and hold Us and Our employees harmless from any and all claims, expenses, legal fees and all other costs and disbursements incurred by You as a result of Your using the BirthBerry, BurpBerry, KickBerry, TickerBerry applications or babyberryapps.com website or of You entering into any third party relationships.
You expressly understand and agree that your use of the BirthBerry, BurpBerry, KickBerry, TickerBerry applications and babyberryapps.com website is at your sole risk. The BirthBerry, BurpBerry, KickBerry, TickerBerry applications and babyberryapps.com website are provided to you "as is" and "as available" and could contain defects, faults, mistakes, and other deficiencies. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
These disclaimers constitute an essential part of this agreement. No use of the BirthBerry, BurpBerry, KickBerry, TickerBerry applications or babyberryapps.com website is authorized hereunder except pursuant to these disclaimers.
You expressly understand and agree that we and our subsidiaries, affiliates, officers, employees, and agents shall not be liable to you for any direct, indirect, incidental, special, punitive, consequential or exemplary damages, including, but not limited to, death, damages for loss profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages) resulting from the use or the inability to use the BabyBerryApps services or website.
The foregoing limitation shall not apply in any way to our liability for damages arising from a third party claim for gross fraud or personal injury (including death) to the extent such injury is caused in whole or in part by our negligence.
This Agreement takes effect on the date You first use the BirthBerry, BurpBerry, KickBerry, TickerBerry applications and will continue until you delete the BirthBerry, BurpBerry, KickBerry, TickerBerry applications from your BlackBerry device.
Any termination of this Agreement (howsoever occasioned) shall not affect any accrued rights or liabilities of either party. Rights and obligations under this Agreement which by their nature should survive will remain in full effect after termination or expiration of this Agreement.
Neither this Agreement nor any rights, licenses or obligations under it, may be assigned by You. Any attempt by You to assign, transfer or delegate this Agreement shall be null and void. We may assign this Agreement or any rights, licenses or obligations under it in Our sole discretion.
This Agreement supersedes all prior or contemporaneous agreements, arrangements and undertakings, whether oral or written, between the Parties and constitutes the entire agreement between the Parties relating to its subject matter. Notwithstanding the foregoing, the obligations of the Parties under any pre-existing non-disclosure agreement shall remain in full force and effect in so far as there is no conflict between the same. The Parties confirm that they have not entered into this Agreement on the basis of any representation that is not expressly incorporated into this Agreement.
Neither Party shall have any liability under or be deemed to be in breach of this Agreement for any delays or failures in performance which result from circumstances beyond the reasonable control of that Party. If such circumstances continue for a continuous period of more than 2 weeks, either Party may terminate the Agreement by written notice to the other Party.
Any costs arising from such delay shall be borne by the Party incurring the same.
Any notice to be given under this Agreement shall be via the email address You give to Us upon such other working email address for You as You may notify to Us. Any notice given by You to Us shall be to help@babyberryapps.com or such other email address of which We notify You from time to time.
If any part of this Agreement shall be adjudged by any court of competent jurisdiction to be invalid, illegal, or unenforceable, the validity, legality and enforceability of thee remaining provisions shall not be affected or impaired thereby and shall be enforced to the maximum extent permitted by applicable law. If any remedy set forth in this Agreement is determined to have failed of its essential purpose, then all other provisions of this Agreement, including the limitations of liability and exclusion of damages, shall remain in full force and effect.
No delay, neglect or forbearance on Our part in enforcing against You any term or condition of this Agreement shall either be or be deemed to be a waiver or in any way prejudice any right of Us under this Agreement. No right, power or remedy in this Agreement conferred upon or reserved for Us is exclusive of any other right, power or remedy available to Us.
This agreement shall not confer any rights on third parties.
This Agreement and all matters arising from shall be governed by the laws of the Province of Ontario without regard to its conflict of law principles, to the extent such principles would require or result in the application of another state's laws. All disputes in relation thereto shall be subject to the non-exclusive jurisdiction of the federal courts located in the Province of Ontario.
We reserve the right to change this Agreement at any time without notice.
