1.1 We do not Provide Medical Advice or Service. The contents and functionality of the Solutions, such as text, graphics, images, videos, and other material included in the Solutions (“Content”) are for informational, data management, and communications purposes only. The Content is not a substitute for professional medical advice, diagnosis, or treatment, and you should not rely on it as such.
1.2 Consult Your Own Health Care Provider. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on any of the Solutions.
1.3 Third-Party References. We do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned in the Solutions. Reliance on any information provided by us, our employees, others appearing within the Solutions at our invitation, or other visitors to, or users of the Solutions, is solely at your own risk.
1.4 Emergencies. Our goal in offering the Solutions is to provide digital tools to help our users manage their disease, disorder or study needs. However, neither we, nor the Solutions, are capable of real time intervention or interaction in emergent situations. We do not have human operators standing by, and our Solutions do not include links to third-party services, providers, or responders for purposes of real time responses to questions, concerns, or events. If you think you may have a medical emergency, call your doctor or other health care professional or 911 immediately.
Do not rely on the Social Support function of the Solutions as a means of seeking or obtaining help or advice, including, but not limited to, the help or advice of trained professionals. We do not monitor or review our users’ posts on the Social Support pages. Further, the Social Support pages are not monitored by professionals who are trained to help our users with the feelings, emotions, challenges, or stress that accompany their disease, disorder or its management or treatment. If you or someone you know is having difficulty coping with or managing the challenges of your disease, disorder or the accompanying feelings, emotions, challenges, or stress, do not rely on interactions within the Social Support function of the Solutions to address these concerns. Instead, call doctor or other appropriate health care professional or 911 immediately.
3.1 “Contact Us” Links. Each of the Solutions provides a; Contact Us link through which users may communicate with us. Our intent in providing this functionality is to enable users to request general information about the Solutions. When users communicate with us through these links, we receive those communications as e-mails. We do not promise to respond to user requests or statements submitted to us in this manner in any time frame or at all. Users must not rely on the “Contact Us” links/functionality provided with any of the Solutions as a means of communicating important or time-sensitive information to us or as a means of eliciting important, critical, or any other responses or actions from us.
3.2 More Formal Notifications to Us. Instructions for communicating with us more formally for various purposes are contained in Section 17 (Certain Complaints Regarding Content), Section 22 (Dispute Resolution), and Section 23 (Notices to Us).
4.2 Use by Children Generally Not Intended or Promoted; Exception for Children’s Clinical Trials. Except as described below in this Section 4.2:
- The Solutions are not intended or designed for children;
- We will not include design elements in the Solutions for the purpose of attracting children to the Solutions;
- We intend that the Solutions be used only by adults;
- We do not knowingly collect through the Solutions any personal information from any under age person; and
- If we obtain actual knowledge that we have collected personal information from an underage person through the Solutions, we will exercise commercially reasonable efforts to delete this information from our data base or render it inaccessible or irretrievable by ordinary data access and retrieval methodologies.
The only exception to the foregoing statements is in the context of clinical trials intended to enroll children as patients. In these instances, the written informed consent instruments prepared by the companies sponsoring the clinical trials and signed by the patients or their legal guardians, as applicable, describe the information (which would include information about the children enrolled as patients in the clinical trials) collected by the Solutions.
4.3 User’s Representation and Warranty. Except in the case of a child using the Solutions in connection with their participation in a clinical trial, by using the Solutions, you represent and warrant to us that you are of legal age.
5.2 Backup Your Own Uploaded Content. When the Solutions provide an ability for you to store your own data or content, we recommend you back up your data and content, and continue to back it up regularly. We may create technical limits on your content, such as limits on file size, storage space, processing capability, and other technical limits. If your use of the Solutions exceeds any of these limits, we may suspend your access to the Solutions until you are within the limits associated with your account.
5.3 User-Generated Content. We host content generated by you and other users. We do not regularly review or monitor user-posted content. In using the Solutions, you may come across content that offends or upsets you. We provide a mechanism for you to bring certain Content you believe to be unlawful or otherwise improper to our attention. See Section 17 (Certain Complaints Regarding Content). Through that mechanism, you may, if so inclined, report the content to us. We do not promise, however, that we will remove or otherwise address the content you may report. Ultimately, your sole, and most effective, remedy with respect to Content you find offensive or upsetting is to stop viewing the Content. See also Section 9 (Fostering Community and User Conduct) for rules and guidelines for participation in the iTakeControl community and user conduct.
6.3 Change or Termination. Content, features, and functionality of the Solutions are subject to change or termination without notice at any time in our sole discretion.
7.2 Private Content Submissions.
7.3 Public Content Submissions.
7.3.1 Certain of these pages, capabilities allow you and all other users collectively to use them (“Public User Areas”). Content uploaded to the Public User Areas (“Public User Content”) is publicly shared and non-confidential.
7.3.2 You automatically grant to us a perpetual, irrevocable, world-wide, fully paid up, royalty-free, nonexclusive license, under all intellectual property rights applicable and relevant to the Public User Content, to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Public User Content submitted by you in any media or medium, or any form, format, or forum now known or hereafter developed.
7.3.4 If you wish to keep any information, including, but not limited to, business information, ideas, concepts or inventions private or proprietary, do not submit, upload, or share the information as Public User Content.
7.4 Limited-Shared Content Submissions.
7.4.1 The Solutions may also include pages or tools that allow you to choose whether to keep Content private or make it public (“Public/Private Option Areas”). Public/Private Option Areas do not present users with a binary choice between a fully public submission and a fully private submission. Instead, you have the option to share Content on a limited basis with specific users you select, rather than all users. The term “share” means to email, post, transmit, upload, or otherwise make available (whether to us or other users) through your use of the Solutions. Content a user elects to share on a limited basis with one or more selected users, rather than sharing it publicly, is referred to herein as “Limited-Shared Content.”
7.4.3 Conversion to Public User Content. Limited-Shared Content shall automatically convert into Publicly Shared Content, and without any further action by you become subject to the broad grant of rights to us described in Section 7.3 (Public Content Submissions) if you subsequently elect to share the Content publicly or another user with whom you shared the Content shares it publicly through the Services. Consequently, consider carefully what you choose to share with other users as Limited-Shared Content.
7.4.4 General Cautionary Note. We do not monitor or control what others do with your User Content. You are responsible for determining the limitations that are placed on your User Content and for applying the appropriate level of access to your User Content. If You do not choose the access level to apply to your User Content, the Solutions may default to the most permissive setting, i.e., Public User Content. It is your responsibility to manage the privacy settings related to your User Content, and to post your User Content carefully. If you post your User Content to the public area it will be public User Content, even if you posted in there by mistake.
7.5 Information Submitted to Us by E-mail.
7.6 Comments and Feedback.
7.6.1 Comments. The Solutions may allow you to comment on Content. Comments are not anonymous and may be viewed by other users. You may not be able to delete your comments. We may delete your comments.
7.6.2 Feedback. The Solutions may give you the opportunity to provide us with ideas, suggestions, or proposals (“Feedback”). Feedback is voluntary, and you have no obligation to submit Feedback.
7.6.3 Public User Content. Comments and Feedback are deemed to be Public User Content, subject to the broad rights granted to us in Section 7.3 (Public Content Submissions).
7.7 Image, Video, and Audio Files. If you include media files, such as photos, videos, or audio (“Media”) in your User Content, you agree to the following:
7.7.1 You will post or upload only Media that you have created yourself or to which you have all rights to transmit and grant licenses and that does not violate any trademark, copyright, or privacy right or any other right of any other person.
7.7.2 You will not submit any Media that contains personally identifiable information (like name, phone number, email address or web site URL) of you or of anyone else.
7.7.3 Media you upload or share to any Public User Area, or through a Social Media Platform, or by e-mailing it to us, or that a user with whom you shared it as Limited-Shared Content makes public through the Services, will be deemed Public User Content, subject to the broad grant of rights to us described in Section 7.3 (Public Content Submissions) .
7.7.4 You agree you will not post Media containing an image(s) or video or audio recording(s) of or with another person(s) unless you have their explicit permission. Uploading Media containing images or recordings of other person(s) without their permission is strictly prohibited.
7.8 Your Representations and Warranties Regarding Your Media Content.
7.8.1 You warrant that you have received permission and all necessary rights from all persons appearing or heard in your Media for you to use their images and/or voice and/or other Content generated by them as you are using them and to share the Media with the Services.
7.8.3 Specifically you warrant and certify that any person (including you) pictured, depicted, or heard, or whose Content is included in the Media (or, if a minor, that person’s parent or legal guardian), authorizes us to use, copy, print, display, reproduce, modify, publish, post, transmit, and distribute the Media and any material included in the Media in accordance with the relevant rights granted to us in Section 7.3 Public Content Submission) and Section 7.10 (Additional License Grants) .
7.8.5 You acknowledge we have the right, but not the obligation, to review all Media uploaded to the Solutions and to remove any Media for any reason, at any time, without prior notice, at our sole discretion. However, we do not have a regular practice of reviewing uploaded Media and there should be no expectation by any user that we will review or take any action with respect to any Media.
7.9 Ownership of Your User Content. You retain exclusive ownership of your User Content, including both your Private User Content and your Public User Content, subject to the rights granted to us in Section 7.3 (Public Content Submissions) and Section 7.10 (Certain Other License Grants).
7.10 Additional License Grants. The license and rights grants in this Section 7.10 are in addition to the grants of rights with respect to Public User Content contained in Section 7.3 (Public Content Submissions).
7.10.1 User Experience Enhancement; Research and Education. You hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable, and transferable license to use all your User Content in anonymized and de-identified form and aggregated with that of other users to enhance user experience and for research and education purposes. This license includes our right to use, and to grant to third parties the right to use, your User Content in anonymized and de-identified form, aggregated with the User Content of other users, for various purposes (including, for example, but not limited to, enhancing the understanding and management of a disease, disorder and other conditions).
7.10.2 Operation and Improvement of Solutions. You hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable, and transferable license to use, reproduce, publicly display, distribute, publicly perform, and translate the content as needed in response to user driven actions (such as when You choose to store privately or share Your content with others). This license is only for the purpose of operating or improving the Solutions.
You are responsible for all activity that occurs in and through your account. You agree you will not give your password or other account credentials to anyone for purposes of allowing them to use the Solutions on or for their own behalf. We prohibit you from allowing another person to use the Solutions for their own purposes through your account.
If you elect to entrust another person or persons with your password to gain access to your iTakeControl account on your behalf (but not for their own purposes), you assume all risks associated with doing so. That person or persons will be able to change your account settings and upload information through the Solutions in your name. That person’s or those persons’ actions through your account will be deemed to be your actions. The digital footprint left by them in cyberspace through your account will be deemed to be your footprint.
You agree to take all necessary reasonable steps to ensure that no unauthorized person shall have access to your iTakeControl password, other account credentials, or account. It is your responsibility and obligation to (a) control the dissemination and use of your sign-in name and password; (b) monitor and control access to, and use of, your password and account; (c) maintain the secrecy of your password and other account credentials, and (d) promptly notify us by e-mail in accordance with Section 23 (Notices to Us).
9.1 General. Our goal is to foster, and we believe our users expect, a courteous, respectful, and professional community experience. The rules contained in this Section 9 are intended to support that goal.
9.2 Your Responsibility. You are solely responsible for your own communications through the Solutions, the consequences of those communications, and your reliance on any communications found in the Public User Areas or on Social Media Platforms. You agree we are not responsible for the consequences of any user communications in the Public User Areas or on Social Media Platforms. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or other health care professional or 911 immediately.
9.3 Rules of Conduct. You agree to not engage in the following activities through your iTakeControl account or otherwise through or in connection with the Solutions:
9.3.1 Using the Solutions for any purpose in violation of local, state, national, or international laws;
9.3.2 Copying, modifying, hosting, streaming, sublicensing, or reselling the Solutions or any portion thereof;
9.3.3 Enabling or allow others to use the Solutions or Content using your account information;
9.3.4 Using the Content or Solutions to create any kind of database;
9.3.5 Accessing or attempting to access the Solutions by any means other than the interface we provide and authorize;
9.3.6 Circumventing any restriction (whether technical or contractual or legal) on access to, or use of, the Solutions we have implemented to prevent certain uses and/or misuses of the Solutions;
9.3.7 Distributing or sharing Content, or engaging in behavior, in violation of anyone’s copyright, moral rights, trademark, trade dress, patent, trade secret, right of privacy, right of publicity, likeness rights, and any other proprietary rights (collectively “Intellectual Property Rights”);
9.3.8 Uploading or sharing any Content that is unlawful or, as determined by use in our sole and absolute discretion, harmful, threatening, abusive, offensive, tortious, defamatory, vulgar, lewd, profane, obscene, embarrassing to another person, invasive of another’s privacy, or hateful;
9.3.9 Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
9.3.10 Disabling, impairing, damaging, or destroying the Solutions or any portion thereof of attempting to so;
9.3.11 Disrupting, interfering with, or inhibiting any other user from using and enjoying the Solutions (such as stalking, intimidating, or harassing others, inciting others to commit violence, or harming minors in any way);
9.3.12 Creating, transmitting, distributing, or forwarding any chain letter, junk mail, pyramid scheme, spam (which may include posting the same comment or note more than once), or other unsolicited message;
9.3.13 Advertising any product or service in or through the Solutions;
9.3.14 Using any data mining or similar data gathering and extraction methods (e.g., harvesting, scraping, etc.); or
9.3.15 Uploading, transmitting, or distributing any material that contains software viruses, malware, or any other computer code, files, or programs designed to interrupt, destroy, limit the functionality of, or use manipulate in any unauthorized manner, the Solutions or any computer software.
9.4 Actions We may Take. We shall have the right (but we will not be obligated) to do any or all of the following, as well as other reasonable actions we deem necessary or desirable, in our sole discretion, to support the goal articulated in Section 9.1 (General) or benefit our community of users:
9.4.3 Terminate a user’s access to any or all Public User Areas and/or the overall Solutions in our sole discretion;
You agree that we shall have no liability or responsibility to you or any person claiming through you or on your behalf for performance or nonperformance of the actions described in Section 9.4.
We may provide links to third-party web sites. We also may select certain sites as priority responses to search terms you enter, and We may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. We do not recommend and do not endorse the content on any third-party websites. We are not responsible for the content of linked third-party sites, sites framed within the Solutions, third-party sites provided as search results, or third-party advertisements. We make no representation or warranty regarding the content of third-party sites. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for those sites. We do not endorse any product, service, or treatment advertised on the Solutions.
11.2 Health Information and Privacy. We are not a “covered entity” within the meaning of the Health Insurance Portability and Accountability Act of 1996, as amended (“HIPAA”), and the Services are not subject to regulation by the U.S. Department of Health and Human Services (“HHS”). Consequently, you should not expect the Services to be compliant with the requirements of HIPAA or the regulations of HHS. If you intend to use the Solutions in conjunction with individually identifiable health information (which would be referred to as protected health information or “PHI” if it were held or transmitted by a covered entity or business associate of a covered entity), you acknowledge and agree that the Solutions would not be HIPAA-compliant, if that term were applicable to us or the Solutions. You are solely responsible for safeguarding your own personal health information and for using the Solutions in a manner consistent with all applicable federal and state privacy laws relating to personally identifiable information, including, but not limited to, personal health information.
You agree to indemnify us and our affiliates, managers, members, employees, and agents against, and hold us and these persons harmless from, any and all claims, liabilities, damages and costs, including attorneys’ and accountants’ fees, arising from or related to:
13.2 Damages Sustained by Us Irrespective of Third-Party Claims. Your violation (material or immaterial) of any of your obligations in:
13.2.1 Section 9.3.2 (relating to copying, streaming, reselling, etc. the Solutions);
13.2.2 Section 9.3.3 (relating to allowing others to use the Solutions through your account);
13.2.3 Section 9.3.4 (relating to use of the Solutions to create a database);
13.2.4 Section 9.3.5 (relating to accessing the Solutions illicitly);
13.2.5 Section 9.3.10 (relating to disabling or damaging the Solutions);
13.2.6 Section 9.3.11 (relating to interfering with third parties or their use of the Solutions);
13.2.7 Section 9.3.12 (relating to chain letters and spam and the like);
13.2.8 Section 9.3.13 (relating to advertising products or services through the Solutions);
13.2.9 Section 9.3.14 (relating to data mining and data extraction and the like); and/or
13.2.10 Section 9.3.15 (relating to viruses and malware and the like).
14.1 User Assumes Risk. The use of the Solutions, and associated Content is at your own risk. The following acknowledgments and disclaimers are not to be construed as limiting the generality of the foregoing sentence.
14.2 Third-Party Networks. When using the Solutions, information will be transmitted over a medium that may be beyond our control and that or our suppliers, either technically or as a matter of law. We assume no liability for, or relating to, the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Solutions.
14.3 Disclaimer of Warranties.
14.3.1 The Solutions and associated Content are provided on an “as is” basis.
14.3.2 WE AND OUR LICENSORS AND SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, BOTH EXPRESS AND IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
14.3.3 Without limiting the generality or scope of the foregoing, we make no representations or warranties with regard to: (a) the accuracy, reliability, completeness, currentness, or timeliness of the Solutions or the Content, software, text, graphics, links, or communications provided on or through the use of the Solutions, (b) the satisfaction of any government regulations requiring disclosure of information on prescription drug or device products or the approval or compliance of any software tools included within the Services, or (c) whether our security protocols can be breached by third parties intending to gain unauthorized access to the Solutions, the Content, or user data.
14.4 Limitation of Liability.
SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
14.4.1 You agree that in no event shall we be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of, or inability to use, the Solutions or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not we are or were advised of the possibility of such damages.
16.2 Your E-mail Address. You agree we may send communications to you at the e-mail address you provided as part of your Registration Data (“Your E-mail Address”). Notices we transmit to you at Your E-mail Address will be deemed effectively delivered and received upon our transmission of the communication. Notices we transmit to you by posting on the Solutions will be effective upon their posting. You agree that if your email account or email address changes, you will promptly update your Registration Data (by logging in to your iTakeControl account) to reflect the changes and ensure Your E-mail Address is accurate and valid. You agree that we may rely on Your E-mail Address as reflected in your Registration Data.
16.3 Consenting to Do Business Electronically. The decision whether to do business electronically is yours, and you should consider whether you have the required hardware and software capabilities described below. Your consent to do business electronically and our agreement to do so covers all transactions you conduct through the Services for as long as you remain a user.
The accuracy of User Content, and its non-infringement of the Intellectual Property Rights of third parties bears directly on the utility, value, and continuous improvement of the Solutions. To promote accuracy and non-infringement, we provide a process for submission of complaints concerning User Content.
17.1 Copyright Infringement; Notice and Take Down Procedures; Copyright Agent. If you believe any materials accessible in or from the Solutions infringe your copyright, you may request removal of those materials from the Solutions (or termination of access to the infringing materials) by contacting our copyright agent (identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work;
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material;
- Your name, address, telephone number and (if available) e-mail address;
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law;
- A statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf; and
- Your signature or the electronic equivalent and a signature or the electronic equivalent from the copyright holder or authorized representative.
Our agent for copyright issues relating to the Solutions is as follows:
Riverside Law LLP
c/o Daylan Digital LLC
Glenhardie Corporate Center, Suite 202
1285 Drummers Lane
Wayne, PA 19087
17.2 Non-copyright Complaints Regarding Content Posted on the Solutions. If you in good faith believe User Content infringes any other intellectual property rights or is inaccurate or unlawful, you may request review and/or removal of that User Content from the Solutions (or termination of access to that User Content through the Solutions) by contacting our copyright agent (identified above) via email or mail and providing the following information:
- Identification of the allegedly infringing, inaccurate or unlawful material and its location (please describe the material and provide us with its URL and other relevant information allowing us to locate it);
- Your name, address, telephone number and e-mail address;
- A statement of your good faith belief explaining alleged infringement, inaccuracy or unlawfulness;
- A statement that the information you have supplied is accurate and indicating that your statement is “under penalty of perjury;” and
- Your signature or the electronic equivalent and a signature or the electronic equivalent from the holder of the relevant legal rights, if applicable, or authorized representative.
The Solutions constitute a “commercial item,” as that term is defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation.” All U.S. government users access the Solutions with only those rights set forth herein.
c/o Daylan Digital LLC
516 East 2nd Street
PO Box 44
Boston, MA 02127
We will likewise make good faith, commercially reasonable efforts to resolve your bona fide concern or dispute with you informally to your and our mutual satisfaction. This Section 20.1 does not obligate you and us to resolve the concern or dispute informally, only to attempt to do so (assuming the dispute or concern is bona fide) so using good faith, commercially reasonable efforts.
20.2 Agreement to Arbitrate.
20.2.2 Arbitration Notices. You or we shall initiate an arbitration proceeding in the manner specified under the AAA’s commercial arbitration rules. You agree you will send your notice of arbitration to us, and that notices to us pertaining to any arbitration shall not be effective unless given to us, in accordance with Section 21 (Notices to Us). Notices to you pertaining to arbitration shall be effective is given to you in accordance with Section 16 (Consent to Conduct Business Electronically and Notices to You).
20.2.3 Non-Prevailing Party Pays. The arbitration costs and reasonable documented attorneys’ costs of both parties shall be borne by the party that ultimately loses the arbitration. In the absence of one party prevailing substantially on all arbitrated issues, then absent a specific award by the arbitration panel, the parties shall bear the arbitration costs equally and shall bear their own respective attorneys’ costs.
20.2.4 Refundable Fee Advances for Consumers If you are involved in a Dispute with us as a consumer without any commercial interests related to the Dispute, we will agree to conduct arbitration proceedings in a major city in your state if travel to Philadelphia, Pennsylvania would constitute an undue burden for you, and we will advance any arbitration fees that exceed what you would have had to pay for court proceedings (if you quantify and substantiate to our reasonable satisfaction the cost of the court proceedings in a written representation to us), provided that you shall refund such amounts if we ultimately prevail in the arbitration.
21.1 The Contact Us Links. If you communicate with us by e-mail through the Contact Us links provided in the Solutions, we will endeavor to respond. However, the Contact Us links are provided for casual communications. You agree we are not legally obligated to respond in any particular time frame or at all to e-mail communications we receive via the Contact Us links. E-mail communications to us through the Contact Us links will have no legal force or effect. In terms of legal impact or consequence, e-mail communications to us through the Contact Us links do not exist.
21.2 Limited Purpose Notices. Section 17 (Certain Complaints Regarding Content) and Section 20 (Dispute Resolution) contain the e-mail and snail mail addresses to which certain notices should be sent to us for the purposes described in those sections.
21.3 Formal Notices. You may notify us of any matter of which you would like us to be cognizant for legal or business purposes by email at:
You may also send the notice to us via US mail (which, if you are not a US resident, includes the official government postal service of the country from which you are sending the notice) or courier at:
c/o Daylan Digital LLC
516 East 2nd Street
PO Box 44
Boston, MA 02127
A notice sent to us at this e-mail address will be deemed effective when our authorized representative opens the e-mail or five (5) business days after the e-mail is delivered to our inbox, whichever is first. A notice sent to us by US mail at this address will be deemed effective five (5) business days after posting if sent from the US and ten (10) business days after posting if sent from a different country, in either case if sent by certified mail, return receipt requested, and postage prepaid. A notice originating from the US and sent to us by a reputable, national courier will be deemed effective two (2) business days after being deposited with the courier if sent by overnight, next-day delivery, and seven (7) business days after being deposited with the courier if sent by ground. A notice originating from a different country and sent to us by a reputable, international courier will be deemed effective five (5) business days after being deposited with the courier if sent by air for next-business-day delivery, courier charges pre-paid, and receipt confirmed by the courier.
22.6 No Injunctive Relief. In no event shall you seek, or be entitled to, rescission, injunctive, or other equitable relief with respect to, or to enjoin or restrain, the operation of the Services, App, Website, or Platform, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any Content or other material used or displayed through the Services.
Daylan Digital LLC, Boston, Massachusetts, USA, September 28th, 2018