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You need to enable JavaScript to run this app.RegisterSign InFAQ MyIR® End User License AgreementLast modified: 3/2/2020 This MyIR® End User License Agreement ("EULA") is a binding agreement between you ("End User", "you", or "your") and STChealth, LLC, a Delaware Limited Liability Company and/or its affiliates (collectively, "Service Provider", "we", "us", or "our"). This EULA governs your access and use of the MyIR® service and any relevant information, source code, object code, features, functions, additional applications, manuals, websites, or software (including all related documentation, collectively, the "Application"). Service Provider IS WILLING TO PROVIDE ACCESS AND USE OF THE APPLICATION TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL THE TERMS IN THIS EULA, SUBJECT TO THE TERMS AND CONDITIONS AGREED UPON BETWEEN Service Provider AND END USER. IT IS YOUR SOLE RESPONSIBILITY TO CHECK THE APPLICATION FOR ANY UPDATES TO THIS EULA, AND ANY CONTINUED USE OF THE APPLICATION AFTER AN UPDATE SHALL BE CONSIDERED ASSENT TO THE NEW, UPDATED OR REVISED EULA. BY ACCESSING AND/OR USING THE APPLICATION, INCLUDING ANY UPDATES, UPGRADES, OR NEWER VERSIONS, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS EULA IN ITS ENTIRETY. (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING EULA. (C) ACCEPT THIS EULA AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. AND (D) IF YOU ACCEPT THIS EULA AS AN AUTHORIZED REPRESENTATIVE OF A LEGAL ENTITY, THAT YOU HAVE THE AUTHORITY TO BIND SUCH LEGAL ENTITY TO THIS EULA. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE APPLICATION. IMPORTANT NOTICE – NO MEDICAL ADVICE The contents of the Application and the links to other websites are not intended to be a substitute for professional medical advice, diagnosis, or treatment. You should always seek the advice of a Physician or qualified health care provider with any questions that you may have regarding a medical condition and reliance on any information provided by the Application is solely at the End User’s own risk. 1. Grant. Subject to the terms of this EULA, Service Provider grants you a limited, revocable, non-exclusive, and nontransferable right to access and use the Application strictly in accordance with the Application’s then-current documentation set forth at https://app.myirmobile.com as may be modified from time to time. 2. Restrictions. You shall not: <blockquote>(a) Copy the Application;</blockquote> <blockquote>(b) Modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;</blockquote> <blockquote>(c) Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;</blockquote> <blockquote>(d) Remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;</blockquote> <blockquote>(e) Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time;</blockquote> <blockquote>(f) Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application;</blockquote> <blockquote>(g) Use the Application in any situation where such use could lead to death or serious bodily injury of any person, or to severe physical, environmental, or financial damage, or violate any applicable law (collectively, "High Risk Activities");</blockquote> <blockquote>(h) Infringe upon our intellectual property rights or those of any third party in relation to your use of the Application (to the extent that such use is not licensed by this EULA);</blockquote> <blockquote>(i) Use the Application for any commercial use;</blockquote> <blockquote>(j) Use the Application in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;</blockquote> <blockquote>(k) Collect or harvest any information or data from the Application, or our systems, or attempt to decipher any transmissions to, or from the servers running the Application;</blockquote> <blockquote>(l) Share, disseminate, or otherwise disclose any immunization records or other information, including information protected by the Health Insurance Portability and Accountability Act (“HIPAA”) with any third party not authorized to receive such information;</blockquote> <blockquote>(m) Use the Application in any way to provide any medical diagnosis or any medical services to any third party.</blockquote> 3. Reservation of Rights. You acknowledge and agree that the right to access and use the Application is provided as a services offering, and not sold, to you. You do not acquire any ownership interest in the Application under this EULA, or any other rights thereto other than to use the Application in accordance with the rights granted, and subject to all terms, conditions, and restrictions, under this EULA. Service Provider and its licensors, vendors, and service providers reserve and retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and all other intellectual property rights therein or relating thereto. 4. Intellectual Property. The Application and its entire contents, features, and functionalities, including without limitation, all information, software, text, displays, images, video, and audio, and the design, selection and arrangement thereof, are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, and/or other intellectual property or proprietary rights laws. The Application and its content are copyrighted, and any unauthorized use of the Application may violate copyright, trademark, and other laws, in addition to constituting a material breach of this EULA. There are several proprietary logos, service marks, trademarks, slogans, and product designations such as MYIR® (collectively, "Marks") found on the Application. By making these Marks available on the Application, we are not granting you any rights to use the Marks in any fashion. Access and use of the Application does not confer upon you any rights under any of our or any third party’s intellectual property rights, including, without limitation, to the Marks. Our trademarks may be used publicly only with prior written permission from us. By using the Application, you agree and acknowledge that the Application is: (i) proprietary to us. (ii) is of significant value to us. (iii) is not publicly available. (iv) contains trade secrets of Service Provider. and (v) constitutes the confidential information of ours. You shall not disclose how the Application operates, the content of the Application, and data associated with the Application including all information covered by the Health Insurance Portability and Accountability Act ("HIPAA") to any third person not authorized to receive such information. By using the Application, you acknowledge that access to the Application will be obtained by a unique username and/or password (collectively "Password") that will be assigned to you. You agree to not share the Password with any third party and not provide any third-party access to the Application with your Password. Should you become aware that your Password has become lost or is otherwise in the public domain, you will provide notice to us within 24 hours of you becoming aware of such an event so that we can delete access to the Application with your old Password and provide you with a new Password. You expressly acknowledge that you are solely responsible for safeguarding all Passwords and you agree to hold us harmless, any participating health care provider that provides immunization data to any application immunization information system, and any operator of any application immunization information system from any and all liability related to lost Passwords, access to the Application by unauthorized users, or immunization data being compromised in any way due to you not adhering to the terms of this EULA. 5. Collection and Use of Your Information. You acknowledge that when you access or use the Application, we may use various means (including, for example, embedded analytics tools) to collect information about your use of the Application. You also may be required to provide certain information about yourself as a condition to accessing or using the Application or certain of its features or functionality. You expressly acknowledge that as part of this EULA, we will have access to various data including, but not limited to information about your health, immunization histories, family health and history, personally identifiable information such as address, e-mail address, phone numbers, other contact information, and any and all other data and information supplied by you or third-parties to us during the term of this EULA (collectively “Data”). You grant to Service Provider a nonexclusive, irrevocable, right to use, reproduce, and create derivative works of the Data. Further, by creating an account, you may receive occasional promotional offers and health related news. All information we collect through or in connection with this Application is subject to our Privacy Policy, available at https://app.myirmobile.com/privacy-policy ("Privacy Policy"). By using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. 6. Consent to Use Data. You expressly acknowledge and agree that the Application, including, without limitation, the content and services provided in connection therewith, are provided for your use on behalf of us. You hereby agree that us may collect and use technical information gathered in connection with your use of the Application and any support services that may be provided to you, if any, to improve Service Provider’s products, including the Application, or to provide customized services or technologies to you. You hereby agree that all general, anonymized or otherwise aggregated information from your use of the Application are and will remain the property of ours and that we may use and make such data publicly available in the manner permitted under applicable law. 7. Geographic Restrictions. The Application is provided for access and use only by persons who are of legal age to enter into a binding EULA in their jurisdiction of residence. If you are located outside of the United States, you acknowledge that you may not be able to access all or some of the Application’s content and services, and that access thereto may not be legal by certain persons or in certain jurisdictions. If you access the Application from outside the United States, you are responsible for compliance with local laws. 8. Content. By submitting or posting any audio, visual, images, comments, profiles, or other written or graphic information or materials ("Content") to the Application, you make the legally binding representations set forth below about yourself, the creation of Content, what it contains, and certain other information and you understand and intend for Service Provider to rely on these representations: <blockquote>(a) If you are the creator of the Content, the Content is your original work and you own it. If created by or with others, you have obtained the consent, authorization, and all of the legal rights from all of the creators, persons, or entities who have rights in the Content which are necessary for you to submit it to us or the Application and for us to distribute or exercise any rights under this EULA respecting the Content.</blockquote> <blockquote>(b) You hereby grant Service Provider the right to use, copy, modify, reproduce, or distribute any or all of your Content. You also acknowledge and agree that Service Provider may modify, delete or hide your Content without notice.</blockquote> <blockquote>(c) Listing, marketing, delivery, installation, uploading and use of your Content on the Application does not violate any agreements to which you are party or of which you are otherwise aware.</blockquote> <blockquote>(d) The Content is not:<blockquote> <ul> <li>(i) Libelous or defamatory;</li> <li>(ii) Obscene, pornographic, sexually explicit, or vulgar and does not depict nudity or any sexual acts;</li> <li>(iii) Predatory, hateful or intended to intimidate or harass any person, or does not contain derogatory name-calling. or</li> <li>(iv) In poor taste or is otherwise objectionable.</li> </ul> </blockquote> </blockquote> <blockquote>(e) The Content does not:<blockquote> <ul> <li>(i) Infringe upon or violate any copyrights, trademarks, or other intellectual property rights of any person or entity;</li> <li>(ii) Violate any person’s right to privacy, publicity or personality;</li> <li>(iii) Violate any local, state, federal, national, or international law, including any US or foreign export control laws, or the applicable laws of each jurisdiction to which you are submitting the Content for distribution;</li> <li>(iv) Contain any viruses, hidden matter, or other malicious elements or other unauthorized or hidden programs;</li> <li>(v) Collect any user information for which you have not obtained the user’s consent;</li> <li>(vi) Contain or advocate illegal or violent acts;</li> <li>(vii) Degrade any person on the basis of gender, race, class, ethnicity, national origin, religion, sexual orientation, disability or other classification;</li> <li>(viii) Contain any prohibited content</li> <li>(ix) Contain advertising;</li> <li>(x) Contain a solicitation of any kind;</li> <li>(xi) Misrepresent your identity or affiliation. or</li> <li>(xii) Impersonate others.</li> </ul> </blockquote> </blockquote> By using the Application, you agree to provide complete and truthful information in the Application and for use by Service Provider. You represent and warrant that you are lawfully entitled to receive and be in custody of the immunization records of the person or persons to which you are requesting. You expressly acknowledge that any false assertions to Service Provider or others that lead to the disclosure of immunization records to you that you are not authorized to have constitutes fraud and is punishable under applicable law. 9. Updates. Service Provider may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features, functionality, or accessibility of the Application. We expressly reserve the right to change, suspend, remove, limit the use of, or disable access to the Application or any portion thereof at any time without notice or liability. If you wish to use the Application after Service Provider releases one (1) or more Updates, you agree that all Updates will be deemed part of the Application, and your continued access and use of the Application indicates your express consent to all terms and conditions of this EULA. 10. Third-Party Materials. The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that we are not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. We will not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and your access and use of them are entirely at your own risk and subject to such third parties’ terms and conditions. 11. Term and Termination. The term of this EULA commences when you first access and/or use the Application and will continue in effect until terminated by you or Service Provider as set forth in this Section 11. You may terminate this EULA by terminating all access and use of the Application. We may terminate this EULA at any time without notice if it ceases to support the Application, which we may do in in our sole discretion. We may terminate your access and use of the Application in its sole discretion. In addition, this EULA will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this EULA. Upon termination: <blockquote>(a) All rights granted to you under this EULA will also terminate. and</blockquote> <blockquote>(b) You must cease all use of the Application and uninstall, delete, and return all copies of the Application from your computer or other electronic devices.</blockquote> Termination will not limit any of Service Provider’s rights or remedies at law or in equity. Sections 2, 3, 4, 5, 6, 12, 13, 14, 15, 16, 19, 20 and 21 shall survive after termination. 12. Disclaimer of Warranties. YOUR USE OF THE APPLICATION IS ENTIRELY AT YOUR OWN RISK. THE APPLICATION, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND SERVICES PROVIDED IN CONNECTION THEREWITH, ARE PROVIDED "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, Service Provider, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, SERVICE PROVIDER PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, BE ERROR-FREE, THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED, THAT THE APPLICATION WILL NOT BE SUBEJCT TO SECURITY BREACH, OR THAT THE OPERATION OF THE APPLICATION WILL NOT AFFECT OR HARM YOUR MOBILE DEVICE OR OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. 13. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL SERVICE PROVIDER OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, PARTICIPATING HEALTHCARE PROVIDERS, PARTICIPATING APPLICATION OPERATORS, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, THE "RELEASEES") HAVE ANY LIABILITY ARISING FROM OR RELATED TO THIS EULA OR YOUR USE OF OR INABILITY TO USE THE APPLICATION FOR: <blockquote>(a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMMERCIAL DAMAGES OR LOSSES, COMPUTER FAILURE OR MALFUNCTION, SECURITY BREACH, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, MULTIPLE, OR PUNITIVE DAMAGES. AND</blockquote> <blockquote>(b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION (COLLECTIVELY, "DAMAGES").</blockquote> THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE, OR SERVICE PROVIDER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY USING THE APPLICATION, YOU AGREE TO RELEASE AND HOLD HARMLESS SERVICE PROVIDER, AND ITS RELEASEES, FROM ANY AND ALL LIABILITY FOR THE ACCURACY OF THE INFORMATION YOU RECEIVE THROUGH THE APPLICATION, FOR ANY FAILURE TO RECEIVE UPDATED OR ACCURATE INFORMATION, DELAYS IN RECEIVING ANY INFORMATION, AND ANY DEVIATIONS OR ERRORS IN THE APPLICATION, AND ANY ACTIONS BASED ON THE INFORMATION RECEIVED THROUGH THE APPLICATION THAT MAY BE TAKEN BY YOU. ACTIONS INCLUDE, BUT ARE NOT LIMITED TO, SEEKING AND RECEIVING IMMUNIZATIONS BASED ON THE INFORMATION PROVIDED TO YOU THROUGH YOUR USE OF THE APPLICATION. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. 14. Waiver and Release. YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY ACCESSING AND/OR USING THE APPLICATION, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND SERVICES PROVIDED IN CONNECTION THEREWITH, AND AGREE TO: <blockquote>(a) ACCEPT AND ASSUME ANY AND ALL RISKS OF DAMAGES, WHETHER CAUSED BY THE NEGLIGENCE OF SERVICE PROVIDER OR OTHERWISE. AND</blockquote> <blockquote>(b) EXPRESSLY WAIVE AND RELEASE ANY AND ALL CLAIMS, NOW KNOWN OR HEREAFTER KNOWN, AGAINST SERVICE PROVIDER AND ALL OTHER RELEASEES ARISING OUT OF OR ATTRIBUTABLE TO THE ACCESS AND/OR USE OF THE APPLICATION. YOU COVENANT NOT TO MAKE OR BRING ANY SUCH CLAIM AGAINST SERVICE PROVIDER OR ANY OTHER RELEASEE, AND FOREVER RELEASE AND DISCHARGE SERVICE PROVIDER AND ALL OTHER RELEASEES FROM LIABLITY UNDER SUCH CLAIMS.</blockquote> END USER AND SERVICE PROVIDER HEREBY ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS IN SECTION 12 AND THE LIMITATION OF LIABILITY PROVISIONS IN SECTION 13 HAVE BEEN NEGOTIATED AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THIS EULA AND SERVICE PROVIDER WOULD NOT BE ABLE TO PROVIDE THE ACCESS AND USE RIGHTS GRANTED HEREIN WITHOUT SUCH LIMITATIONS. END USER AND SERVICE PROVIDER FURTHER AGREE THAT SUCH PROVISIONS WILL INSURE TO THE BENEFIT OF THE OTHER PARTY’S SUCCESSORS AND PERMITTED ASSIGNS. 15. Indemnification. You agree to indemnify, defend, and hold harmless Service Provider and all other Releasees from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Application or your breach of this EULA, including, without limitation, the content you submit or make available through this Application. You expressly waive the provisions of any state or local law limiting or prohibiting a general release. You acknowledge and agree that the above provisions of 11, 12, 13, 14, and 15 are reasonable given the benefits of the Application and you will accept such risk and/or insure accordingly. 16. Export Regulation. The Application may be subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US. 17. Modifications to this EULA. Service Provider reserves the right to modify this EULA and to add new or additional terms or conditions on your use of the Application from time to time in its sole discretion. Such modifications and additional terms and conditions will be effective immediately and incorporated into this EULA. Your continued use of the Application will be deemed acceptance thereof. 18. Force Majeure. You acknowledge that we may rely on third-party providers in the delivery of the Application and the content and services provided in connection therewith, including, without limitation, wireless data network providers, and that Internet service is subject to transmissions limitations and dropped or interrupted transmissions. Internet may be temporarily refused, limited, interrupted, or curtailed because of government regulations or orders, atmospheric and/or topographical conditions, and Internet system modifications, repairs, and upgrades. You agree that we are not be liable for, and to hold us harmless for any losses, damages, or interruptions sustained as a result of interruptions caused by Internet providers or any other third-party data network provider. 19. Severability. If any provision of this EULA is illegal or unenforceable under applicable law, the remainder of the provision(s) will be amended to achieve as closely as possible the effect of the original term and all other provisions of this EULA will continue in full force and effect. 20. Governing Law. This EULA is governed by and construed in accordance with the internal laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule. End User and Service Provider agree to attempt to resolve any dispute concerning this EULA or the Application through good faith negotiations and mediation. In the event that the parties cannot resolve the dispute through such mediation, then any legal suit, action, or proceeding arising out of or related to this EULA or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Arizona in each case located in Maricopa County. You hereby waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. YOU ACKNOWLEDGE AND AGREE THAT ANY CONTROVERSY WHICH MAY ARISE UNDER THIS EULA IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT THAT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS EULA OR THE TRANSACTIONS CONTEMPLATED HEREBY. 21. Limitation of Time to File Claims/Limit on Liability. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS EULA OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. FURTHER, UNDER NO CIRCUMSTANCES SHALL OUR TOTAL LIABITLY EXCEED THE AMOUNT THAT END USER PAID TO SERVICES PROVIDER IN THE THREE MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY. 22. Remedies. Except as provided in in this EULA, the parties’ rights and remedies under this EULA are cumulative. You acknowledge that the Application contains valuable intellectual property and proprietary information of Service Provider, that any actual or threatened breach of Sections 1 - 4 will constitute immediate, irreparable harm to Service Provider for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach. In any action or other proceeding brought under this EULA, the prevailing party shall be entitled to recover from the non-prevailing party, and the non-prevailing party shall pay the prevailing party’s reasonable attorneys’ fees, costs, and expenses, in each of the foregoing cases, that are incurred in connection with such action, arbitration, or proceeding. 23. Digital Millennium Copyright Act (DMCA). We respect the intellectual property rights of others and expect its users to do the same. We will, upon receiving proper notice, act to remove or disable access to any such material as set forth in the Digital Millennium Copyright Act (17 USC § 512) (www.copyright.gov/legislation/dmca.pdf). If you believe that content hosted on the Application infringes your copyright, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to our Designated Agent, who can be reached as follows: <blockquote> By mail: DMCA Designated Agent c/o STChealth, LLC 411 South 1st Street Phoenix, Arizona 85004By Email: dmca@stchome.com</blockquote> Your notice must contain the following information: <blockquote>Identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed so that We can locate the material.</blockquote> <blockquote>Identify the URL or other specific location on our website that contains the material that you claim infringes your copyright described above.</blockquote> <blockquote>Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.</blockquote> <blockquote>Include a 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.</blockquote> <blockquote>Include a statement by you that the information contained in your notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner's behalf.</blockquote> <blockquote>Include your name, mailing address, telephone number and email address.</blockquote> 24. Entire EULA. This EULA and our Privacy Policy constitute the entire EULA between you and Service Provider with respect to the Application and supersede all prior or contemporaneous understandings and EULAs, whether written or oral, with respect to the Application. 25. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this EULA and any applicable purchase or other terms, the terms of this EULA shall govern. 26. Headings. The section headings herein are for convenience and reference purposes only and shall not serve as a basis for construction or interpretation. 27. Contact. If you have any questions regarding this EULA or the Application, please contact: https://myirmobile.com/help/.