Terms and Conditions

End-User License Agreement

White Rabbit e-Healthcare Solutions, LLC

Last Updated: November 9, 2017

This End-User License Agreement (“Agreement”) is a legal agreement entered into between you (“You”) and White Rabbit e-Healthcare Solutions, LLC (“White Rabbit”) and sets forth the terms and conditions governing Your use of White Rabbit’s bio™ mobile and desktop applications, the content (“Content”) and services (“Services”) available or enabled by such applications, and results and reports, such as completed Insight Requests (defined below)  accessed on or downloaded from such applications (“Licensed Materials”) (the “BIO App”).  The BIO App provides a web-based, customizable research tool which allows users, such as healthcare industry stakeholders (e.g., pharmaceutical companies, healthcare equity research, healthcare payers, and allied healthcare professionals, etc.) to submit and share requests for business-critical information (each an “Insight Request”) within certain turnaround times.

By executing a Statement of Work (“Client SOW”) that references this Agreement, by checking the “I AGREE” box, or by downloading, accessing, or using the Bio App, You represent that you have read, understand, and agree to be bound by the terms and conditions of this Agreement.  If You are entering into this Agreement on behalf of a company or other legal entity, You represent that You have the authority to bind such entity and its affiliates to THIS AGREEMENT, in which case the terms “You” or “Your” will refer to such entity and its affiliates.  If You do not have such authority, or if You do not agree with these terms and conditions, You must not accept this Agreement and may not access or use the Bio App.

Furthermore, with respect to any App accessed through or downloaded from the Apple App Store or Google Play Store (each an “App Store” and references to the App Store include the corporate entity and its subsidiaries making the App Store available to You), You agree to comply with all applicable third-party terms of the App Store (the “Usage Rules”) when using the App. To the extent the terms of this Agreement provide for usage rules that are less restrictive than or otherwise in conflict with the Usage Rules, the more restrictive term applies.

Non-US Users

The BIO App is not intended for use by users outside the US.  You represent, warrant, and covenant that (i) You are a US-based user and (ii) You will not invite any non-US users to use the BIO App.

License

Subject to the terms and conditions of this Agreement, and the applicable Customer’s payment of fees under an applicable Client SOW, White Rabbit grants You a revocable, non-exclusive, non-sublicensable, non-transferable, limited license (a) to download, install, and use the BIO App on any compatible mobile or desktop device owned or controlled by You and to run the BIO App on such devices, and (b) to use the other aspects of the Services, in each case, strictly in accordance with the terms of this Agreement, the executed Client SOW, and any service agreement associated with Your mobile device (collectively, “Related Agreements”). In addition, subject to the terms and conditions of the related Agreements, White Rabbit grants You a perpetual, non-exclusive, non-transferable license to use the Licensed Material for Your internal purposes.

You acknowledge and agree that the availability of the BIO App is dependent on the App Store.  You acknowledge that the Agreement is between You and White Rabbit and not with the App Store.  White Rabbit, not the App Store, is solely responsible for the BIO App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement).  In order to use the BIO App, You must have access to a wireless network, and You agree to pay all fees associated with such access.  You also agree to pay all fees (if any) charged by the App Store in connection with the BIO App.  You agree to comply with, and Your license to use the Application is conditioned upon Your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the BIO App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of this Agreement and will have the right to enforce them.

Furthermore, with respect to any App accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), You will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.

The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:

• You acknowledge and agree that (i) this Agreement are concluded between You and White Rabbit only, and not Apple, and (ii) White Rabbit, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
• You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
• In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to You and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between White Rabbit and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of White Rabbit.
• You and White Rabbit acknowledge that, as between White Rabbit and Apple, Apple is not responsible for addressing any claims You have or any claims of any third party relating to the App Store Sourced Application or Your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
• You and White Rabbit acknowledge that, in the event of any third-party claim that the App Store Sourced Application or Your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between White Rabbit and Apple, White Rabbit, 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 this Agreement.
• You and White Rabbit acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as related to Your license of the App Store Sourced Application, and that, upon Your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to Your license of the App Store Sourced Application against You as a third-party beneficiary thereof.
• Without limiting any other terms of this Agreement, You must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

Certain software code incorporated into or distributed with the BIO App may be licensed by third parties under various “open-source” or “public-source” software licenses (such as the GNU General Public License, the GNU Lesser General Public License, the Apache License, the Berkeley Software Distribution License, and the MIT License) (collectively, the “Open Source Software”). Notwithstanding anything to the contrary in this Agreement, the Open Source Software is not licensed under this Section and instead is separately licensed pursuant to the terms and conditions of their respective open-source software licenses. You agree to comply with the terms and conditions of such open-source software license agreements.

Restrictions on Use

You will use the BIO App strictly in accordance with the terms of the Related Agreements and will not: (a) decompile, reverse engineer, disassemble, attempt to derive source code of, or decrypt the BIO App; (b) make any modification, adaptation, improvement, enhancement, translation, or derivative work of the BIO App; (c) violate any applicable laws, rules, or regulations in connection with Your access or use of the BIO App; (d) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark of White Rabbit, or its affiliates, partners, suppliers, or licensors) contained on or in the BIO App; (e) You will not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the BIO App or any portion of the BIO App; (f) except as expressly stated herein, copy, reproduced, distribute, republish, download, display, post or transmit in any form or by any means any portion of the BIO App; or (g) access or use the BIO App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the BIO App.

As a part of the BIO App, You may have access to materials that are hosted by another party.  You agree that it is impossible for White Rabbit to monitor such materials and that You access these materials at Your own risk.

White Rabbit, its suppliers and licensors reserve all rights not granted in this Agreement.

You understand that the BIO App is evolving. As a result, White Rabbit may require You to accept updates to the BIO App that You have installed on Your devices. You acknowledge and agree that White Rabbit may update the BIO App with or without notifying You. You may need to update third-party software from time to time in order to use the BIO App. You agree that White Rabbit is not obligated to create or provide any corrections, updates, upgrades, bug fixes, and/or enhancements of the BIO App.

You acknowledge and agree that White Rabbit will have no obligation to provide You with any support or maintenance in connection with the BIO App.

Registration

In order to access the BIO App, You must register for an account (“Account”) by following the instructions in the BIO App.

If You sign up for the BIO App via an invite from one of our enterprise customers (each a “Customer”), You agree that the administrator selected by such Customer (“Administrator”) may be able to control certain of Your Account settings, such as permissions.  You hereby grant such Customer and the Administrator permission to access, use, download, export, disclose, share, restrict and/or remove Your User Content (defined below).  You also acknowledge and agree that a Customer or Administrator may restrict or terminate Your access to Your Account, Your User Content or the BIO App.  Upon termination of the applicable Customer’s rights to use the BIO App, Your use of the BIO App will automatically terminate.

In registering for an Account, You agree to (a) provide true, accurate, current and complete information as prompted by the registration form (the “Registration Data ”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You are responsible for all activities that occur under Your Account. You agree to notify White Rabbit immediately of any unauthorized use of Your password or any other breach of security.

You can share Insight Requests with Your internal business colleagues by creating an insight group (each an “Insight Group”) via Your Account, selecting certain members within Your organization, and inviting them via email to join the Insight Group. Each Insight Group invitee will have to create their own Account within the BIO App to become an Insight Group Member.

You must provide all equipment and software necessary to download, access, and use the BIO App, including but not limited to, a mobile or desktop device that is suitable to connect with and use the BIO App. You are solely responsible for any fees, including Internet connection or mobile fees, that You incur when downloading, accessing, or using the BIO App.

User Content

You acknowledge that You, and not White Rabbit, are solely responsible for all information, messages, content and/or other materials that You submit, post, or otherwise make available (“Make Available”) via the BIO App (“User Content”), and that other users of the BIO App, and not White Rabbit, are similarly solely responsible for all User Content they Make Available via the BIO App.

You acknowledge and agree that White Rabbit has no obligation to pre-screen User Content, although White Rabbit reserves the right in its sole discretion to pre-screen, refuse or remove any User Content. Without limiting the foregoing, White Rabbit will have the right to remove any User Content that violates this Agreement, violates applicable law, or is otherwise objectionable.

Unless expressly agreed to by White Rabbit in writing elsewhere, White Rabbit has no obligation to store any of Your User Content. White Rabbit has no responsibility or liability for the deletion or accuracy of any User Content, including Your User Content; the failure to store, transmit or receive transmission of User Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the BIO App. If You post Your User Content to the BIO App bulletin board (the “Bulletin Board”), other users will be able to see Your User Content. The Bulletin Board also allows users to share the User Content from the Bulletin Board to certain social media accounts, such as LinkedIn and Twitter.

Ownership

Except with respect to User Content, You acknowledge and agree that White Rabbit and its suppliers and licensors own all rights, title and interest in the BIO App. Except with respect to Your User Content, You agree that You have no right or title in or to any Content that appears on or in the BIO App.

White Rabbit’s logo and other related graphics, logos, service marks and trade names used on or in connection with the BIO App are the trademarks of White Rabbit and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the BIO App are the property of their respective owners.

White Rabbit does not claim ownership of Your User Content. However, when You Make Available Your User Content on or in the Mobile App, You represent that You own and/or have sufficient rights in Your User Content to grant the rights in Your User Content as contemplated by this Agreement. You grant White Rabbit a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, perform, and display, Your User Content (in whole or in part) for the purposes of operating and providing the BIO App to You and to certain other users. Please remember that other users may see Your User Content that You Make Available. For example, all users will be able to see any of Your User Content that You make Available on the Bulletin Board and user members of Your organization will be able to see Your organization’s Insight Requests and any of Your User Content included therein.  You agree that You, not White Rabbit, are responsible for all of Your User Content that You Make Available on or in BIO App.

You agree that submission of any ideas, suggestions, documents, and/or proposals to White Rabbit (“Feedback”) is at Your own risk and that White Rabbit has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that You have all rights necessary to submit the Feedback. You hereby grant to White Rabbit a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the BIO App.

User Conduct

As a condition of use, You agree not to use the BIO App for any purpose that is prohibited by this Agreement or by applicable law. You will not (and will not permit any third party) either (a) take any action or (b) Make Available any User Content on or through BIO App that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales without White Rabbit’s prior written consent; (v) interferes with or attempt to interfere with the proper functioning of the BIO App or uses the BIO App in any way not expressly permitted by this Agreement; or (vi) attempts to engage in or engage in, any potentially harmful acts that are directed against the BIO App.

White Rabbit may, but is not obligated to, monitor or review the BIO App and User Content at any time. If White Rabbit becomes aware of any possible violations by You of any provision of this Agreement or applicable law, White Rabbit reserves the right to investigate such violations, and White Rabbit may, at its sole discretion, immediately terminate Your license to use the BIO App, or change, alter or remove Your User Content, in whole or in part, without prior notice to You. If White Rabbit becomes aware of any possible violations by You of this Agreement, White Rabbit reserves the right to investigate such violations. If, as a result of the investigation, White Rabbit believes that criminal activity has occurred, White Rabbit reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. White Rabbit is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the BIO App, including Your User Content, in White Rabbit’s possession in connection with your use of the BIO App, to (1) comply with applicable laws, legal process or governmental request; (2) enforce this Agreement, (3) respond to any claims that Your User Content violates the rights of third parties, (4) respond to Your requests for customer service, or (5) protect the rights, property or personal safety of White Rabbit, its users or the public, and all enforcement or other government officials, as White Rabbit in its sole discretion believes to be necessary or appropriate.

You are solely responsible for Your interactions with other users and any other parties with whom You interact; provided, however, that White Rabbit reserves the right, but has no obligation, to intercede in such disputes. You agree that White Rabbit will not be responsible for any liability incurred as the result of such interactions. The BIO App may contain User Content provided by other users. White Rabbit is not responsible for and does not control User Content. White Rabbit does not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other Users at Your own risk.

The BIO App may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”) and advertisements for third parties (“Third-Party Ads”).  When You click on a link to a Third-Party Website, Third-Party Application or Third-Party Ad, we will not warn You that You have left the BIO App and are subject to the terms and conditions (including privacy policies) of another website or destination.  Such Third-Party Websites, Third-Party Applications and Third-Party Ads are not under the control of White Rabbit.  White Rabbit is not responsible for any Third-Party Websites, Third-Party Applications or Third-Party Ads.  White Rabbit provides these Third-Party Websites, Third-Party Applications and Third-Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, Third-Party Applications or Third-Party Ads, or their products or services.  You use all links in Third-Party Websites, Third-Party Applications and Third-Party Ads at Your own risk. When You leave the BIO App, this Agreement and our policies no longer govern.  You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and should make whatever investigation You feel necessary or appropriate before proceeding with any transaction with any third party.

Term and Termination

This Agreement will remain in full force and effect while You use the BIO App.  The term of the applicable Customer’s Agreement will be the subscription term set forth in the Client SOW. You may terminate your Account at any time by providing notice to White Rabbit of Your decision to terminate it.  Your rights under this Agreement will terminate immediately, without prior notice from White Rabbit, in the event that You fail to comply with any provision of this Agreement.  White Rabbit reserves the right to suspend, discontinue, enhance, update, or otherwise modify the BIO App or its availability to you, at any time without notice.  Upon termination of this Agreement, You will cease all use of the BIO App and delete all copies of the BIO App from Your mobile device and/or from Your desktop. You acknowledge and agree that upon termination of the applicable Customer’s rights to use the BIO App, Your use of the BIO App will automatically terminate. Even after Your rights under this Agreement are terminated, all provisions of this Agreement which by their nature should survive, will survive, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

Amendments to this Agreement

White Rabbit reserves the right to update, revise, supplement, and otherwise modify this Agreement at any time.  Any such changes to this Agreement will be effective immediately for new users.  Current users are encouraged to review this Agreement periodically for changes.  When changes are made, White Rabbit will make the new version of the Agreement available at: www.mybioinsights.com/terms-and-conditions and within the BIO App under the “More” Tab and will update the “Last Updated” date above. When material changes are made, we will provide current users with notice (e.g., by displaying a prominent notice within the BIO App or by sending You an email), prior to any changes taking effect.  Your continued use of the BIO App after the changes are effective will constitute Your acceptance of the changes.

Disclaimer of Warranties

YOU ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE BIO APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE BIO APP AND ANY THIRD-PARTY CONTENT AND SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK AND DISCRETION.  WHITE RABBIT AND ITS AFFILIATES, PARTNERS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS (“WHITE RABBIT PARTIES”) HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND GUARANTIES REGARDING THE BIO APP AND THIRD-PARTY CONTENT AND SERVICES, WHETHER EXPRESS OR, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANITABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  FURTHERMORE, WHITE RABBIT AND ITS AFFILIATES, PARTNERS, SUPPLIERS, AND LICENSORS MAKE NO WARRANTY THAT (I) THE BIO APP WILL MEET YOUR REQUIREMENTS; (II) THE BIO APP WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE OR ERROR-FREE; OR (III) ANY ERRORS IN THE BIO APP WILL BE CORRECTED.

Indemnification

You agree to indemnify and hold the White Rabbit Parties harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your violation of the Agreement; (b) Your violation of any rights of another party; (c) Your violation of any applicable laws, rules or regulations; or Your User Content.  White Rabbit reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with White Rabbit in asserting any available defenses.  This provision does not require You to indemnify any of the White Rabbit Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the BIO App. You agree that the provisions in this section will survive any termination of the Agreement or Your access to the BIO App.

Limitation of Liability

You understand and agree that under no circumstances will the White Rabbit Parties be liable for any indirect, incidental, consequential, or special, or loss of profits, revenue or data, arising out of or in connection with this Agreement, Your access or use of or inability to access or use THE Bio App and any third-party content and services, whether or not the damages were foreseeable and whether or not White Rabbit was advised of the possibility of such damages.  Without limiting the generality of the foregoing, the White Rabbit Parties’ aggregate liability to You (whether under contract, tort, statute, or otherwise) will not exceed the amount of the executed Client SOW.  THE FOREGOING CAPS ON LIABILITY WILL NOT APPLY TO LIABILITY OF A WHITE RABBIT PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A WHITE RABBIT PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A WHITE RABBIT PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WHITE RABBIT AND YOU.

Procedure for Making Claims of Copyright Infringement 

It is White Rabbit’s policy to terminate membership privileges of any user who repeatedly infringes copyright upon prompt notification to White Rabbit by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if You believe that Your work has been copied and posted on the BIO App in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that You claim has been infringed; (3) a description of the location on the BIO App of the material that You claim is infringing; (4) Your address, telephone number and e-mail address; (5) a written statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for White Rabbit’s Copyright Agent for notice of claims of copyright infringement is as follows:

Rick Chapo

DMCAAgentService.com

P.O. Box 373

Pine Valley, CA 91962

Phone: (800) 804-7260

Email: complaint@dmcaagentservice.com (use email for quickest response)

Please reference the following business information when contacting White Rabbit’s Copyright Agent:

White Rabbit e-Healthcare Solutions, LLC

5 Oliver Wight Dr., Suite B

Essex, VT 05452

Property name: bio

www.mybioinsights.com

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Legal Compliance

You may not use, export, import, or transfer the BIO App except as authorized by U.S. law, the laws of the jurisdiction in which You obtained the BIO App, and any other applicable laws. In particular, but without limitation, the BIO App may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. You represent and warrant that: (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the BIO App for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by White Rabbit are subject to the export control laws and regulations of the United States. You will comply with these laws and regulations and will not, without prior U.S. government authorization, export, re-export, or transfer White Rabbit’s products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.

Miscellaneous

This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter. This Agreement and the relationship between You and White Rabbit will be governed and interpreted by and under the laws of the State of Vermont, excluding its conflicts of law provisions.  You and White Rabbit acknowledge and agree that the sole and exclusive jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in the State of Vermont, and You agree not to raise, and waive, any objections or defenses based upon venue or forum non conveniens.   The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from this Agreement. You agree that any claim or cause of action related to this Agreement or the use of the BIO App must be filed within one (1) year after the cause of action arose or be forever barred.  You may not assign or transfer this Agreement or any of Your rights or obligations under this Agreement to a third party without the prior written consent of White Rabbit and any attempted assignment or transfer in violation of the foregoing will be null and void.  White Rabbit may freely assign this Agreement. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. White Rabbit will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

Where White Rabbit requires that You provide an e-mail address, You are responsible for providing White Rabbit with Your most current e-mail address. In the event that the last e-mail address You provided to White Rabbit is not valid, or for any reason is not capable of delivering to You any notices required/ permitted by this Agreement, White Rabbit’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to White Rabbit at the address or email address below. Such notice will be deemed given when received by White Rabbit.

Product Questions and Contact Information

If You have any questions about this Agreement, bio and/or Your use of bio, please contact us at info@mybioinsights.com  or by mail at:

White Rabbit e-Healthcare Solutions, LLC

5 Oliver Wight Dr., Suite B

Essex, VT 05452