Terms of use – Ana Fertility

Your use of Ana Health’s Mobile Application and Website are governed by these Terms and Conditions of Use as well as the privacy policy incorporated herein.

2. ACCEPTANCE OF TERMS AND CONDITIONS OF USE

Please read the following terms and conditions of use (the “Terms and Conditions“) carefully before using the Mobile Application and Website. The Terms and Conditions for https://www.anahealth.com/ (the “Website“), and Ana Health Inc’s Mobile Application “Ana” (“Mobile Application”) constitute a legal agreement and are entered into by and between you and Ana Health Inc., its subsidiaries, affiliates and related entities (“Ana“). These Terms and Conditions exempt Ana and other persons from liability or limits their liability and contains other important provisions that you should read. The following terms and conditions, together with any documents and additional terms they expressly incorporate by reference, govern your access to and use of, including any content, functionality, and services offered on or through the Website.

YOU MAY NOT USE THIS MOBILE APPLICATION OR WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (I) AT LEAST 18 YEARS OF AGE OR (II) LEGAL AGE TO FORM A BINDING CONTRACT WITH ANA, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, PRODUCTS OR SERVICES BY APPLICABLE LAW.

EACH TIME YOU USE THE MOBILE APPLICATION OR WEBSITE, WHETHER AS A GUEST OR REGISTERED USER, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY (the “Privacy Policy“), INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE MOBILE APPLICATION OR WEBSITE.

WHO WE ARE AND HOW TO CONTACT US

We operate the Mobile Application “Ana” and the Website https://www.anahealth.com/. We are Ana Health Inc., a company registered in Canada, with our registered office and main trading address at Unit 608, 90 Sumach St, Toronto, ON. M5A4R4.

If you would like to contact us for any reason, including because you have any complaints, please contract [email protected].

If we have to contact you we will do so by phone, email or prepaid post to the address you provide to us. If we have to give you notice in writing, we will do so by email or pre-paid post as above.

GENERAL

All personal information we collect is subject to, and only used in accordance with, our Privacy Policy. Please take the time to read our Privacy Policy as it includes important terms which apply to you.

Your use of our Mobile Application or Website is also subject to our Mobile Application and Website Terms and Conditions of Use. Please take the time to read our Mobile Application and Website Terms and Conditions of Use.

3. NOT MEDICAL ADVICE

HEALTH ISSUES ARE SERIOUS. ANA PROVIDES A FORUM FOR PEOPLE TO BE COMFORTABLE TALKING ABOUT CERTAIN SENSITIVE MATTERS, BUT YOU SHOULD ALWAYS CONSULT A DOCTOR OR OTHER PROFESSIONAL BEFORE TAKING ANY ACTION, OR REFRAINING FROM ANY ACTION. THE CONTENT ON OUR MOBILE APPLICATION AND WEBSITE, AND COMMUNICATIONS FROM AND WITH ANA, IS PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY. IT IS NOT INTENDED TO AMOUNT TO ADVICE, MEDICAL OR OTHERWISE, ON WHICH YOU SHOULD RELY.

YOU MUST OBTAIN MORE SPECIFIC OR PROFESSIONAL ADVICE BEFORE TAKING, OR REFRAINING FROM, ANY ACTION OR INACTION ON THE BASIS OF THE CONTENT ON OUR SITE AND COMMUNICATIONS WITH ANA. ANY INFORMATION PROVIDED BY ANA IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT MEANT TO BE A SUBSTITUTE FOR ADVICE PROVIDED BY A QUALIFIED HEALTH CARE PROFESSIONAL. YOU ARE RESPONSIBLE FOR YOUR OWN HEALTH AND SAFETY AT ALL TIMES AND SHOULD CONSULT WITH A QUALIFIED HEALTH CARE PROFESSIONAL FOR ANY MEDICAL ADVICE OR INFORMATION REQUIRED.

4. MODIFICATION OF TERMS AND CONDITIONS AND THE MOBILE APPLICATION AND WEBSITE

Ana reserves the right in our sole discretion to revise and update these Terms and Conditions from time to time, including the Material and/or the products, site-related services and resources described therein and reserves the right to make such changes without any obligation to notify past, current or prospective users and visitors of this site. We reserve the right in our sole discretion to revise and update these Terms and Conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Mobile Application or Website. You agree to periodically review the Terms and Conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these.

The information and material on the Mobile Application or Website may be changed, withdrawn or terminated at any time in our sole discretion without notice. We will not be liable if for any reason all or any part of the Mobile Application or Website is restricted to users or unavailable at any time or for any period. We may change, suspend or end any service, or change and modify prices prospectively at our discretion. The Mobile Application, Website, or any related software on the Website is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law. We may transfer our rights and obligations under any order accepted by us to another organization, but this will not affect your rights or our obligations under these Terms and Conditions.

5. USE OF THE MOBILE APPLICATION AND WEBSITE: ACCOUNT SET-UP AND SECURITY

Users are responsible for obtaining their own access to the Mobile Application or Website and for their availability and performance. Users are required to ensure that all persons who access the Mobile Application or Website through a user’s internet connection are aware of these Terms and Conditions and comply with them. Users are responsible for any security breaches or performance issues relating to accessing the Website.

The Mobile Application or Website including content or certain areas may require user registration. It is a condition of your use of the Mobile Application or Website that all the information you provide on the Mobile Application or Website is correct, current, and complete.

Your provision of registration information and any submissions you make to the Mobile Application or Website through any functionality such as applications, e.g. chat functions, e-mail, message boards, personal or interest group web pages, profiles, forums, bulletin boards and other such functions (collectively, “Interactive Functions“)], constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy.

Any user name, password, or any other piece of information chosen by you or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.

We reserve the right at any time and from time to time, to disable or terminate your account, any user name, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions.

You are prohibited from attempting to circumvent and from violating the security of this Mobile Application or Website including without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restrict disrupt or disable service to users, hosts, servers or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Mobile Application or Website owner’s ability to monitor the Mobile Application or Website; (f) use any robot, spider, or other automatic device, process, or means to access the Mobile Application or Website for any purpose, including monitoring or copying any of the material; (g) introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attack the Mobile Application or Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mail-bombing or crashing; and (i) otherwise attempt to interfere with the proper working of the Mobile Application or Website.

6. Conditions of Use and User Submissions and Content Standards

As a condition of your access and use you agree that you may use the Mobile Application or Website only for lawful purposes and in accordance with these Terms and Conditions.

The following content standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, “Submit“) to the Mobile Application or Website, to other users or other persons (collectively, “User Submissions“) and any and all Interactive Functions. Any and all User Submissions must comply with all applicable federal, provincial, local, and international laws and regulations.

Without limiting the foregoing you warrant and agree that your use of the Mobile Application or Website and any User Submissions shall not:

In any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy.
Access without authority, interfere with, damage, or disrupt any part of the Mobile Application or Website, any equipment or network on which the Mobile Application or Website is stored, any software used in the provision of the Mobile Application or Website, or any equipment or network or software owned or used by any third party.
Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such prohibited ground or be otherwise objectionable.
Involve stalking, attempting to exploit any individual or harm minors in any way by exposing them to inappropriate content or otherwise nor ask for personal information.
Involve, provide or contribute any false, inaccurate or misleading information.
Include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with the User Submissions and site content standards set out in these Terms and Conditions.
Impersonate or attempt to impersonate Ana, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).
Transmit, or procure the sending of, any advertisements or promotions without our prior written consent, commercial activities or sales, including without limitation any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.
Include engaging in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Mobile Application or Website, or which, as determined by us, may harm Ana or users of the Mobile Application or Website or expose them to liability.
Include causing annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.
Promote any illegal activity, fraud, or advocate, promote, or assist any unlawful or fraudulent act.
Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.

7. User Communications and Submissions: Grant of License

The Mobile Application or Website may contain Interactive Functions allowing User Submissions on or through the Mobile Application or Website. However, please be aware that any User Submissions and/or information, including, but not limited to, comments, suggestions, feedback data or the like regarding the site, the Material or Ana and its products and services (“Information”) shall be deemed to be non-confidential and Ana shall have no obligation of any kind with respect to such Information. In addition, Ana shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works and distribute the Information to others without limitation and to authorize others to do the same. Such Information shall remain the property of Ana and Ana shall be free to use any ideas, concepts, submissions, know-how or techniques contained in such Information for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and other items incorporating such Information without compensation to the provider of such Information. You agree not to assert any ownership right of any kind in any Information provided to Ana (including, but not limited to, copyright, trademark, unfair competition, moral rights, or implied contract) and to waive the right to receive any financial or other consideration in connection with such Information including, but not limited to, your acknowledgement.

Without limiting the generality of the foregoing, by providing any Information to us, you grant us and our affiliates and service providers, and each of their respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You waive any moral rights or other rights of authorship as a condition of submitting any User Submission.

By submitting the Information you declare and warrant that you own or have the necessary rights to submit the Information and have the right to grant the license hereof to us and our affiliates and service providers, and each of their respective licensees, successors, and assigns to the Information and comply with these Terms and Conditions. You represent and warrant that all Information comply with applicable laws and the Information and Site Content Standards set out in these Terms and Conditions.

You understand and agree that you, not Ana, are fully responsible for any Information you submit or contribute, and you are fully responsible and legally liable including to any third party for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any Information submitted by you or any other user of the Mobile Application or Website.

8. Site Monitoring and Enforcement, Suspension and Termination

Company has the right, without provision of notice to:

Remove or refuse to post on the Mobile Application or Website any User Submissions for any or no reason in our sole discretion.
At all times, to take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including without limitation, for violating the Mobile Application or Website and User Submissions and site content standards or Terms and Conditions.
Take appropriate legal action, including without limitation, referral to law enforcement, regulatory authority or harmed party for any illegal or unauthorized use of the Mobile Application or Website. 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 Mobile Application or Website. We may initiate legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Terminate or suspend your access to all or part of the Mobile Application or Website for any or no reason, including without limitation, any violation of these Terms and Conditions.

YOU WAIVE AND HOLD HARMLESS ANA AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANA AND ANY OF THE FOREGOING PARTIES RELATING TO ANY INVESTIGATIONS BY EITHER ANA OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.

We have no obligation, nor any responsibility to any party to monitor the Mobile Application or Website or use, and do not and cannot undertake to review material that you or other users submit to the Mobile Application or Website. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.

9. No Reliance

The content on our Mobile Application or Website is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our site. Any medical advice and services must be provided by licensed professionals in accordance with the applicable governing bodies located in your area of residence. Ana does not purport to provide any form of medical advice or medical services. Any information provided by Ana is for informational purposes only and is not meant to be a substitute for advice provided by a qualified health care professional. You are responsible for your own health and safety at all times and should consult with a qualified health care professional for any medical advice or information required.

Although we make reasonable efforts to update the information on our Mobile Application or Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Mobile Application or Website is accurate, complete or up to date. Your use of the Mobile Application or Website is at your own risk and Ana has no responsibility or liability whatsoever for your use of this Mobile Application or Website.

This Mobile Application or Website may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third party content, other than the content provided by Ana, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of Ana. Ana is not responsible, or liable to you or any third party, for the content or accuracy of any third party materials.

10. Privacy

Your use of our Mobile Application or Website constitutes consent to the collection, use, reproduction, hosting, transmission and disclosure of any personal information in accordance with our Privacy Policy.

By using this Website you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze Website use patterns in compliance with our Privacy Policy. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Website may not function adequately.

11. Third Party Websites and Links to This Site

For your convenience, this Mobile Application or Website may provide links or pointers to third party sites. We make no representations about any other Mobile Application or Website that may be accessed from this Mobile Application or Website. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third party sites, and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any Terms and Conditions of such third party sites.

Such links to third party sites from the Mobile Application or Website, may include links to certain social media features that enable you to link or transmit on your own or using certain third party Mobile Applications or Websites, certain limited content from this Mobile Application or Website. You may only use these features when they are provided by us and solely with respect to the content identified. Such features and links to third party sites are subject to any additional Terms and Conditions we provide with respect to such features.

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the homepage. We reserve the right to withdraw linking permission without notice. The Mobile Application or Website in which you are linking must comply in all respects with the conditions of use and User Submissions and Site Content Standards. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.

Ana does not review the sites or Mobile Applications that link to this Mobile Application or Website and is not responsible for any of those sites or the contents or materials of those sites that link to this site. Your linking to any other sites or pages is at your own risk. We make no warranties or representations, express or implied, whether by statute, common law, custom, usage or otherwise, as to third party content including, without limitation, non-infringement of third party rights, title, integration, risks of program errors, corruption, viruses, hacking, intrusions, damage to equipment, loss of data, or unavailability or interruption of the Mobile Application or Website or operations, however caused, accuracy, availability, satisfactory quality, and merchantability or fitness for any particular purpose.

12. Governing Law, Jurisdiction, and Geographic Restrictions

Ana controls and operates this Mobile Application and Website from its headquarters in Toronto, Ontario, Canada. Ana makes no representation that the Mobile Application or Website or the Materials are appropriate or available for use in other locations. If you use this site from other locations, you are responsible for complying with applicable local laws. If you access this site from outside Canada, you do so at your own risk and you are responsible for compliance with applicable laws of your jurisdiction. The Terms and Conditions are entered into in the Province of Ontario and shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada, exclusive of its choice of law rules. Each party to the Terms and Conditions submits to the exclusive jurisdiction of the Federal Court of Canada and/or the courts of the Province of Ontario, and waives any jurisdictional venue or inconvenient forum objections to such courts. In any action to enforce the Terms and Conditions, the prevailing party will be entitled to costs and attorneys’ fees. In the event that any of the provisions of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that the Terms and Conditions shall otherwise remain in full force and effect.

13. Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE MOBILE APPLICATION OR WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE MOBILE APPLICATION OR WEBSITE IS AT YOUR OWN RISK. THE MOBILE APPLICATION OR WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE MOBILE APPLICATION OR WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NEITHER ANA NOR ANY AFFILIATES NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SERVICE PROVIDERS MAKES ANY WARRANTY, REPRESENTATION OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY OF THE MOBILE APPLICATION OR WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER ANA NOR ANY AFFILIATES NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SERVICE PROVIDERS REPRESENTS OR WARRANTS THAT THE MOBILE APPLICATION OR WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE MOBILE APPLICATION OR WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT COMMUNICATIONS TO OR FROM THIS SITE WILL BE SECURE OR NOT INTERCEPTED. YOU ASSUME TOTAL RESPONSIBILITY, COST AND RISK FOR YOUR USE OF THIS SITE, THE MATERIAL AND SITE-RELATED SERVICES.

WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE MOBILE APPLICATION OR WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE MOBILE APPLICATION OR WEBSITE AND YOUR MOBILE PHONE, COMPUTER, INTERNET AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAIL-BOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE MOBILE APPLICATION OR WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE MOBILE APPLICATION OR WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY MOBILE APPLICATION OR WEBSITE LINKED TO IT.

14. Limitation of Liability

UNDER NO CIRCUMSTANCE WILL ANA, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, OR THEIR RESPECTIVE SUCCESSORS OR ASSIGNS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY OR OTHERWISE, EVEN IF ANA OR AN AUTHORIZED ANA REPRESENTATIVE WAS ALLEGEDLY ADVISED, HAD REASON TO KNOW, OR OUGHT TO HAVE KNOWN ABOUT THE POSSIBILITY OF DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, RELIANCE ON, THE MOBILE APPLICATION OR WEBSITE, ANY LINKED MOBILE APPLICATIONS OR WEBSITES OR SUCH OTHER THIRD PARTY MOBILE APPLICATIONS OR WEBSITES, NOR ANY CONTENT, MATERIALS, POSTING OR INFORMATION THEREON. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE MOBILE APPLICATION, WEBSITE AND/OR WEBSITE-RELATED SERVICES IS TO STOP USING THE MOBILE APPLICATION, WEBSITE AND/OR THOSE SERVICES. IN NO EVENT SHALL ANA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR THEIR RESPECTIVE SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM THE FAILURE OF ANA TO PROTECT YOUR PASSWORD OR ACCOUNT INFORMATION. YOU HEREBY RELEASE ANA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR THEIR RESPECTIVE SUCCESSORS OR ASSIGNS FROM ANY DAMAGES THAT YOU INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST THEM, ARISING FROM YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THIS SITE.

15. Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Ana, its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of the Terms and Conditions or your use of the Mobile Application or Website, including, but not limited to, your User Submissions, Information, third party sites, any use of the Mobile Application or Website’s content, services, and products other than as expressly authorized in these Terms and Conditions.

16. Waiver

No waiver under these Terms and Conditions is effective unless it is in writing and signed by an authorized representative of the party waiving its right. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

17. Severability

If any term or provision of these Terms and Conditions is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.

18. General

Any consent by Ana to, or waiver of, a breach of these Terms and Conditions of Use which you have committed, whether express or implied, shall not constitute a consent to, or waiver of, any other, different, or subsequent breach. Ana may assign its rights and duties hereunder to any party at any time without any notice to you. You may not assign your rights or obligations hereunder without Ana prior written consent.

19. Entire Agreement

These Terms and Conditions and our Privacy Policy are hereby expressly incorporated herein, and constitute the sole and entire agreement between you and Ana regarding the Mobile Application and Website and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

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