IMPORTANT: DO NOT USE OUR SERVICES OR THE APPLICATION TO SEEK MEDICAL SERVICE FOR SOMEONE WHO IS UNCONSCIOUS, NOT BREATHING, OR GASPING FOR AIR, EXPERIENCING AN ALLERGIC REACTION, HAVING CHEST PAIN, UNCONTROLLABLE BLEEDING, OR ANY OTHER SYMPTOMS THAT REQUIRE IMMEDIATE OR EMERGENT MEDICAL ATTENTION. CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM IMMEDIATELY IF YOU HAVE AN EMERGENCY MEDICAL NEED.
LEAA® LLC (hereinafter referred to as “LEAA”, “we”, “us”, and “our”) is proud to offer this interactive proprietary mobile application (the “Application”) for download on your mobile device. Your download and use of the Application and our services is governed by the terms and conditions of this Agreement.
General Terms and Conditions
The Application facilitates the retention of healthcare related services from certain healthcare providers and their respective medical practices licensing this application (collectively, “Healthcare Provider(s)”) that provide non-emergency general healthcare services in the comfort and privacy of your own home and by video chats (such house calls and video chats, collectively, “Health Interactions”). LEAA is a technology information service provider that owns the Application and licenses the Application to the Healthcare Providers to deliver Health Interactions. The Application is a platform that allows you to contact a Healthcare Provider and request a Health Interaction, and provides the Healthcare Provider with the ability to respond and schedule a Health Interaction. For the avoidance of doubt, the capitalized and defined term “Services” as used in this Agreement refers only to the Application, website, and related content and does not refer to the Health Interactions that users subsequently may receive from any Healthcare Provider. All of the Healthcare Providers who deliver their medical services through the Application are independent professionals solely responsible for the medical services each provided to you.
How the Application and Our Services Work
The Health Care Providers charge on a fee for service basis. Certain of the Health Care Providers also provide subscription plans which each offer a fixed number of Health Interactions and, possibly, other services, from the Healthcare Provider in a given monthly period. If you elect to obtain services from a Health Care Provider through this Application, you will be obligated to undergo a sign-up process in which you will provide us with certain information, such as your name, address, date of birth, credit card information and other information that may be deemed necessary from time to time. To the extent applicable, you will also select your preferred subscription plan. In the future, we may also require users to provide insurance information. Upon successful completion of the sign-up process, we will provide you with a personal account, accessible for you with a password of your choice.
IMPORTANT: The subscription plans offered by Health Care Providers are not insurance and do not serve as a substitute for comprehensive medical insurance coverage.
The Application is designed to enable you to send a request for non-emergency healthcare services to a health care professional. In order to identify your particular location, the Application will use a location tracking service that will detect your particular location. The Application then identifies Healthcare Providers who have licensed the Application from us in your general vicinity and that have engaged us to perform related services. You will be able to select a Healthcare Provider who you wish to perform healthcare services you. After your selection, the Application then sends a message to the Healthcare Provider you selected that asks the professional whether he or she would like to provide you with the requested healthcare services. In the event a Healthcare Provider agrees to provide you with healthcare services, the Application schedules those services and tracks the remaining number of Health Interactions associated with your account and selected subscription plan, if any. We make no representation or warranty to you that any Healthcare Provider will be available to perform healthcare services.
You must be 18 years of age or older to sign-up for and use the Application. By using the Application and requesting a Health Interaction you represent that you are at least 18 years of age.
To request a Health Interaction for a minor patient or an adult patient who has a legal guardian, you must be the legal guardian, or an individual with uncontested legal authority to arrange for and consent to the treatment of the patient. By using the Application and requesting a Health Interaction for a patient that has a legal guardian, you represent that you have the legal authority to make that request and you guarantee that the legal guardian of patient will be physically present for the duration of the requested Health Interaction. If a legal guardian is unable to be physically present at a Health Interaction, the legal guardian may provide the Healthcare Provider and LEAA with prior, written authorization that identifies by name an individual who has the power and authority to consent to the treatment of the minor patient.
You agree that you will notify us immediately of any change in your eligibility to use the Services. Additionally, you agree to notify us immediately of any known or suspected breach of security or unauthorized use of your registration with the Application.
Important Health and Medical Notices and Disclaimers
LEAA does not practice medicine or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession by Healthcare Providers, each of whom is responsible for its services and compliance with the requirements applicable to its profession and license. no medical care or advice shall be provided directly to you from LEAA OR our applciation. by using the application or our services you expressly agree and acnkowledge that leaa is not a medical organization and leaa does not and cannot provide you with medical advice or care and nothing that you may read in or through the use of this application or our services should be contrued as medical advice. LEAA only acts as a technology information service provider to connect you with Healthcare Providers who may be ABLE TO PROVIDE you with THEIR RESPECTIVE medical services. leaa expressly disclaIms any implied guarantee or warranty regarding the accuracy, completeness, timeliness, or relevance of any information provided through the application, or the services of healthcare providers sent to you or any member of your family via this application.
leaa, the application, its services, or any subscription plan offereed by health care providers through this application are not insurance and do not serve as a substitute for comprehensive health insurance coverage.
Representations and Warranties
You acknowledge and agree that we are entitled at all times to verify the information you provide and to deny your use of the Application and associated Services at any time in our sole and unfettered discretion.
You may only access the Services using authorized means. It is your responsibility to check to ensure you download the correct Application for your device. We are not liable if you do not have a compatible device or if you download the wrong version of the Application for your device.
By accessing or using the Services, you further represent and warrant that:
All information you provide to us is accurate and complete;
You will only use the Services for your sole, personal use and you will not resell them to a third party;
You will not copy, distribute, or reverse engineer the Services or other Services content;
You will not upload or transmit any communications or content of any type that infringes or violates any rights of any party;
You will not use the Services for any purpose in violation of local, state, federal or international laws;
You will not use the Services as a means to distribute advertising or other unsolicited material to any third party;
You will not impersonate another person;
You will not post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by us in our sole discretion;
You will comply with all applicable third party terms of agreement when using the Services (i.e., your wireless data service agreement);
You will ensure that no unauthorized person shall have access to your mobile device or your LEAA passwords or accounts;
You will promptly notify us in the event your LEAA passwords or accounts have been compromised;
You will not assign or otherwise transfer your account to any other person or entity;
You will not try to harm the Services or impair the proper operation of the network in any way whatsoever; and
You will provide us with whatever proof of identity we may request.
We reserve the right to immediately terminate your use of the Application and Services should you fail to comply with any of the foregoing representations and
You are free to establish a hypertext link to our Services so long as the link does not state or imply any sponsorship of your website or service by us or by our Services. However, you may not, without our prior written permission, frame or inline link any of the content of our Services, or incorporate into another website or other service any of our material, content or intellectual property.
There is currently no charge to download the Application on your mobile device. We reserve the right to introduce a fee in the future for downloading the Application. If we decide to introduce such a fee, we will inform you accordingly and allow you to either continue or terminate your account.
You are charged only upon subscription to a subscription plan or otherwise obtaining services from a Health Care Provider. LEAA only charges you on behalf of the Health Care Provider but your payment to them includes a portion that is retained by us for our administrative services in connection with the Application.
The rates that apply for Health Interactions provided by the Health Care Professionals can be found on our website and through the Application. These may be modified or updated from time to time. It is your own responsibility to remain informed about the current rates for the Health Interactions made available through the Application.
You agree that you will pay for all medical services you receive from the Health Care Provider, and that LEAA may charge your credit card account, as provided by you when registering for the services, including any taxes and late fees, as applicable, that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing LEAA with a valid credit card account for payment of all fees at all times. Any payment made is non-refundable.
We do not presently process any insurance claims, nor will the health care professionals process claims on your behalf. Although the consultations/treatments you receive from Health Care Provider through the Application may or may not be covered by your insurance, it is solely up to you to contact your health plan, determine whether coverage applies and submit a claim. You are responsible for the full fee (and for paying the fee in advance) regardless of whether you later are able to receive reimbursement from your health plan for part or all of the cost.
Materials You Submit
You acknowledge that you are responsible for any material you may submit via the Application, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through the Application any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto or via the Application. If you do submit material, and unless we indicate otherwise, you grant LEAA and its affiliates an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You further agree that LEAA is free to use any ideas, feedback, concepts, know-how that you or individuals acting on your behalf provide to LEAA.
You grant LEAA and its subsidiaries the right to use the name you submit in connection with such material, if we so choose. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify LEAA for all claims resulting from content you supply. With respect to any material you submit, we have the right to:
Remove or refuse to post any such material for any or no reason in our sole and unfettered discretion;
Take any action with respect to any such material that we deem necessary or appropriate in our sole discretion; including if we believe that such material violates this Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Application or Services or the public or could create liability for LEAA;
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Application or Services:
Terminate or suspend your access to all or part of the Application or Services for any or no reason, including without limitation, any violation of this Agreement.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Application.
Intellectual Property Ownership
Nothing in this Agreement is intended to grant any rights to you under any patent, mask work right or copyright of LEAA, nor shall this Agreement grant you any rights in or to the intellectual property of LEAA except as expressly set forth in this Agreement.
LEAA alone (and its licensors, where applicable) shall own all right, title and interest, all intellectual property rights (including without limitation all trade secrets, trademarks, trade names and copyrights), in and to the Services and any other proprietary rights to the Services (including, without limitation, all related specifications, techniques, knowhow, methods and algorithms). Furthermore, any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you or any other party relating to the Services may be used by LEAA without restriction and/or payment. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of or created from the Services shall be owned solely and exclusively by LEAA, and/or, as applicable, LEAA’s third-party vendors, as shall any and all patent rights, copyrights, trade secret rights, trademark rights, and all other proprietary rights, worldwide therein and thereto, and you hereby assign to LEAA any and all of your rights, title or interests in the Services or any modification to or derivative work of the Services. You shall not remove or authorize or permit any third party to remove any proprietary rights legend from the Services.
This Agreement does not constitute a sale and does not convey to you any rights of ownership in or related to the Services, or any intellectual property rights owned by LEAA. LEAA’s name, logo and the product names and logos associated with the Services are trademarks of LEAA, its affiliated companies or third parties, and no right of license is granted to use them.
The materials on the Services are copyrighted by us and/or other applicable rights holders. You may download and reprint a single copy of the materials from the Services for your own personal, noncommercial use only, provided that you keep intact all credits and copyright and other proprietary notices. Any other use of the materials is strictly prohibited without our prior written permission and the permission of the applicable rights holder(s).
Limited License to Use the Application
Subject to your compliance with the terms and conditions of this Agreement, LEAA grants you a limited, non-exclusive, non-transferable license to download and install a copy of the Application on a mobile device that you own or control and to run such copy of the Application solely for your own personal use and non-commercial use.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application in any way; (ii) modify or make derivative works based upon the Application; (iii) reverse engineer or access the Application in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Application, or (c) copy any ideas, features, functions or graphics of the Application; or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Services.
Right to Modify
LEAA reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. It is your responsibility to check periodically for any changes we make to this Agreement. Your continued use of the Application and Services after any changes to this Agreement or other policies means you accept the changes.
Notice of Copyright Infringement
You are hereby informed that LEAA has adopted and reasonably implemented a policy that provides for the termination, in appropriate circumstances, of subscribers and account holders of LEAA’s system or network who are repeat copyright infringers. If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may notify our copyright agent:
Address:1382 E 13th Street Brooklyn NY 11230
To be effective, your notification must (1) be in writing, (2) be provided to our copyright agent, and (3) include substantially the following: (a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (d) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
DISCLAIMERS OF WARRANTIES
YOUR USE OF THE APPLICATION AND SERVICES IS AT YOUR SOLE RISK. THE APPLICATION AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE APPLICATION, SERVICES, OR ANY FEATURE OR PART THEREOF AT ANY TIME. LEAA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE APLICATION OR ASSOCIATED WITH THE SERVICES ARE NON INFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE APPLICATION AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE APPLICATION WILL BE SECURE; THAT THE APPLICATION OR THE SERVER THAT MAKES THE APPLICATION AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE APPLICATION OR ASSOCIATED WITH THE SERVICES WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THE APPLICATION, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LEAA OR THROUGH OR FROM THE APPLICATION OR SERVICES SHALL CREATE ANY WARRANTY OF ANY KIND. LEAA DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE APPLICATION OR SERVICES OR THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, IN WHICH CASE THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE APPLICATION AND SERVICES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE APPLICATION AND SERVICES MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APPLICATION AND SERVICES IS AT YOUR OWN RISK. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER LEAA NOR ITS AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE APPLICATION OR SERVICES, OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE APPLICATION OR SERVICES, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE APPLICATION, LEAA’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON THE APPLICATION, OR OTHERWISE ARISING OUT OF THE USE OF THE APPLICATION OR SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF LEAA, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER LEAA NOR AFFILIATES, SUBSIDIARIES, OR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE APPLICATION OR SERVICES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH LEAA IS TO DISCONTINUE YOUR USE OF THE APPLICATION AND SERVICES. YOU AND LEAA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE APPLICATION OR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless LEAA and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the Application or Services, any information or other content you supply, and any violation of this Agreement. If you cause a technical disruption of the Application or Services or the systems transmitting the Application and Services to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. LEAA reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with LEAA in the defense of such matter.
Third Party Web sites, Products, and Services
This Application and Services may link to or promote other websites, products, and/or services from other companies some of which are operated by LEAA or its affiliates and others of which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. LEAA is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites, products, and/or services.
This Agreement is personal to you and may not be assigned to anyone without the express written consent of LEAA
The laws of the State of New York govern this Agreement and your use of the Application and Services, without reference to its conflict of laws principles, and you irrevocably consent to the exclusive jurisdiction of the courts located in the County of New York for any action arising out of or relating to this Agreement or use of the Application and/or Services. We recognize that it is possible for you to obtain access to the Application and Services from any jurisdiction in the world, but we have no practical ability to prevent such access. The Application and Services have been designed to comply with the laws of the State of New York and of the United States. If any material on the Application or associated with the Services, or your use of the Application, is contrary to the laws of the place where you are when you access it, the Application or Services is not intended for you, and we ask you not to use the Application or Services. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
JURY TRIAL WAIVER
EACH PARTY HEREBY WAIVES TRIAL BY JURY IN ANY ACTION, PROCEEDING, CLAIM OR COUNTERCLAIM BROUGHT BY EITHER PARTY IN CONNECTION WITH ANY MATTER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, THE RELATIONSHIP OF LEAA AND YOU HEREUNDER, AND/OR ANY CLAIMS OF INJURY OR DAMAGE.
The headings preceding the text of the paragraphs of this Agreement are intended and inserted solely for the convenience of reference and shall not affect the meaning, interpretation, construction or effect of this Agreement.
This Agreement and any policies or operating rules constitute the entire agreement and understanding between you and LEAA with respect to the subject matter herein and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of this Agreement shall be admissible in judicial or administrative proceedings based on or relating to use of the Application or Services to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Whenever possible each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any term or provision of this Agreement, or the application of any such term or provision to any person or circumstances shall, to any extent, be prohibited by or invalid or unenforceable under applicable law, such term or provision shall be ineffective to the extent of such prohibition, invalidity or unenforceability, without invalidating the remainder of such term or provision, the application of such term or provision to persons or circumstances other than those as to which it is held prohibited, invalid or unenforceable or the remaining terms and provisions of this Agreement.