Cedars-Sinai Mobile Application End User License Agreement

Effective Date: September 14, 2023

This End User License Agreement (“Agreement”) governs your use of the Cedars-Sinai My CS-Link and CS-Connect mobile applications (collectively, the “App”) and sets forth a legally binding agreement between you, Cedars-Sinai Medical Center, and its wholly owned affiliates (collectively, “Cedars-Sinai”). The App is offered to you and gives you the ability to view certain medical information and interact with our providers. As used herein, "you" and "your" refer to the individual or entity that downloads or uses the App.

PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS, INCLUDING BY LIMITING CEDARS-SINAI LIABILITY AND REQUIRING MANDATORY ARBITRATION ON AN INDIVIDUAL, NON-CLASS BASIS TO RESOLVE DISPUTES. SEE SECTIONS 7-10.

This Agreement may change over time, in which case we will post the modified Agreement on this page and change the Effective Date. Your continued use of the App following a change to this Agreement signals your acceptance of the modification(s). In some instances, both this Agreement and separate terms setting forth additional conditions may apply to a service or product offered via the App (“Additional Terms”). To the extent there is a conflict between this Agreement and any Additional Terms, this Agreement will control unless the Additional Terms expressly state otherwise.

By using the App, you acknowledge and agree to all terms and conditions contained in this Agreement and you consent to the collection, use, and sharing of your information as described in our Mobile App Privacy Policy. If you do not agree to this Agreement, please do not use the App.

The use of this App, including the tools and features accessible through the App which may provide you with information regarding how doctors diagnosed and treated patients with similar symptoms based on information you submit, is not a substitute for professional clinical advice or treatment and does not create a physician-patient relationship. Information on the App is not provided in the course of a professional relationship between a health care provider and a patient and is not intended to create any patient relationship, nor should it be considered a replacement for consultation with a health care professional. If you have any health problems or health care-related questions, please call, or see your physician or other health care provider promptly. If you have an emergency medical condition, call 911.

The information and content provided on or accessed through this App are intended for general, noncommercial, informational purposes only, and do not constitute the practice of medicine or any other professional judgement, advice, diagnosis, or treatment.

Content. The App may contain (i) materials and other items relating to Cedars-Sinai and its services including software, layout, information, databases, articles, posts, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, URLs, technology, interactive features, and the “look and feel” of the App; (ii) logos, service marks, trademarks, trade names, trade dress, and trade identities of various parties, including those of Cedars-Sinai; and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”).

Limited License. Subject to your strict compliance with this Agreement, Cedars-Sinai grants you a non-exclusive, non-transferable, non-sublicensable, fully revocable limited license to use the App for your personal, non-commercial use, including the purpose of performing those functions and tasks available to you as an end user of the App. All rights, title, and interest in and to the App are reserved by Cedars-Sinai and our licensors, and is protected by U.S. and international copyright, trade mark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. You must retain all copyright and other proprietary notices on downloaded or printed Content, and any such downloads or copies are subject to the terms and conditions of this Agreement and shall remain the property of Cedars-Sinai and our licensors and suppliers. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, the App or any Content; and (ii) may be immediately suspended or terminated for any reason, in Cedars- Sinai sole discretion, and without advance notice or liability. Your unauthorized use of the App or Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.

Restrictions. If you access or otherwise use the App, you represent you are at least the age of majority in your jurisdiction. If you are under the age of majority, you represent that if you access the App, you will do so under the supervision of a legal guardian who agrees to be bound to this Agreement on your behalf.

You agree to comply with all national, federal, state, and local laws, statutes, ordinances, regulations, directives, and agreements that apply to your use of the App and Content. You further agree that you will not: (a) copy (except as expressly permitted by this Agreement), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App; (b) use the App or Content for any political or commercial purpose; (c) engage in any activity in connection with the App or Content that is unlawful, harmful, offensive, obscene, violent, threatening, harassing, abusive, or otherwise objectionable to Cedars-Sinai; (d) harvest any information from the App or Content; (e) infringe any intellectual property or other right of any third party; (f) interfere with the proper operation of the App or its security features; (g) use the App or Content in a manner that suggests an unauthorized association with Cedars-Sinai or any other party, or is beyond the scope of the limited license granted to you; or (h) otherwise violate this Agreement. If you breach these restrictions, you may be subject to prosecution and damages. You are not permitted to use the App for any purpose other than as expressly permitted under this Agreement. You acknowledge that Cedars-Sinai (or one of our licensors) may audit your use of the App.

Upgrades. The license granted under this Agreement will govern any upgrades of the App, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern, and you agree to promptly install any such upgrade and cease use of the prior version. Nothing in this paragraph creates an obligation for Cedars-Sinai to prepare or provide any upgrades to the App.

Access. Your use of the App must be in accordance with any and all procedures, forms, formats, displays, and operating times which may be determined, specified, or modified by Cedars-Sinai in its discretion. You are responsible for all software, hardware, interconnections, fees, expenses, costs, and taxes for you to access or use the App or to receive any communications from Cedars-Sinai.

Account Creation. Certain features and functionality of the App may require the creation of an account by entering your name and email address, selecting a valid username and password, and providing other required registration information. For any feature of the App that requires a username and password to access, you must update your information as necessary to ensure that any information that you provide to Cedars-Sinai, our licensor, or a third-party service provider is accurate and complete.

CS-Connect may allow you to create additional profiles within your account for individuals. By creating such a profile, you represent and warrant that you either: (a) are the legal guardian of that individual; or (b) are lawfully authorized to create the profile for the individual.

If you create an account on the App, you are solely responsible and liable for the security and confidentiality of your access and for all activity under your account, including maintaining the security of any username and password you use to access any feature of the App. Please note you will be responsible for all action and activities that occur under that username and password. You must immediately notify us at webmaster@cshs.org if you suspect any unauthorized use of your account, password, or username, or any other breach of security. You will not sell, transfer, or assign your account or any account rights.

Availability. The App may be unavailable from time to time for any reason including, for example, routine maintenance. You understand and acknowledge that, due to circumstances both within and outside of the control of Cedars-Sinai, access to the App may be interrupted or suspended from time to time. Cedars-Sinai shall have the right at any time to change or discontinue any aspect or feature of the App, including, but not limited to, Content, availability, and equipment needed for access or use.

Suspension; Termination. We reserve the right to immediately suspend or terminate this Agreement, and/or your access to and use of the App, Content, or any portion thereof, at any time and for any reason, with or without cause, and without advance notice or liability. In the event of your breach of this Agreement, we will be entitled to terminate the license granted under this Agreement immediately. The license granted to you under this Agreement is effective until terminated by you, Cedars-Sinai, or our licensor. Upon suspension or termination of your access to the App or termination of this Agreement, you shall cease all use of the App, and agree to destroy all Content and all downloads or copies of the Content or the App. Termination will not terminate liability for any payments due to Cedars-Sinai or a third-party.

Our App may include links to mobile features or other websites that are not owned or operated by Cedars-Sinai or its affiliates. Cedars-Sinai is not responsible for the availability, content, or accuracy of these other websites, mobile apps, and online platforms. To the fullest extent permitted by applicable law, you further acknowledge and agree that Cedars-Sinai shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party website or resource.

Cedars-Sinai assumes no responsibility regarding the accuracy, currency, or usefulness of the Content provided by or presented on the App. Any reliance you place on such information is strictly at your own risk. Cedars-Sinai disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the App, or by anyone who may be informed of any of its Content.

The App may include Content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other Content, other than the Content provided by Cedars-Sinai, are solely the opinions and the responsibility of the person or entity providing those materials.

Cedars-Sinai will use reasonable efforts to include accurate and current information on the App, but there may be occasions when information on the App contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, availability, and other matters. Cedars-Sinai reserves the right to correct any errors and to update App information at any time.

CEDARS-SINAI PROVIDES THE APP "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, TO THE FULLEST EXTENT PERMISSIBLE. CEDARS-SINAI HEREBY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS WITH RESPECT TO THE APP, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF COMPLETENESS, OF ACCESSIBILITY, OF COMPATIBILITY, FREEDOM FROM MALWARE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CEDARS-SINAI, ITS AUTHORIZED REPRESENTATIVE OR ANY THIRD PARTY SHALL CREATE A WARRANTY. SHOULD THE APP PROVE DEFECTIVE YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL CEDARS-SINAI BE LIABLE TO YOU WITH RESPECT TO USE OF THE APP AND/OR BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, OR LOSS, THEFT OR CORRUPTION OF YOUR INFORMATION, THE INABILITY TO USE THE APP, DEVICE FAILURE OR MALFUNCTION. NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR IN ANY WAY LIMIT CEDARS-SINAI’S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR FOR FRAUD OR ANY OTHER LIABILITY TO THE EXTENT THE SAME MAY NOT BE EXCLUDED OR LIMITED AS A MATTER OF LAW.

CEDARS-SINAI SHALL NOT BE LIABLE EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, UNAUTHORIZED USE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE, COMPUTER VIRUSES, WORM, TROJAN HORSE OR OTHER HARM OR VULNERABILITY.

IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF CERTAIN PROMISES AND/OR THE EXCLUSION OF LIABILITY FOR DIRECT, INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES, IN NO EVENT SHALL CEDARS-SINAI’S LIABILITY ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT AND YOUR USE OF THE APP EXCEED $100 USD.

YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, SUBMISSIONS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY CEDARS-SINAI.

You agree to indemnify, defend, and hold Cedars-Sinai, our licensors, suppliers, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents, other representatives, successors, and assigns (“Cedars-Sinai Indemnitees”), harmless from and against any and all claims, causes of action, allegations (threatened or pending),liabilities, damages, losses, costs, and other expenses (including reasonable attorneys’ fees that arise directly or indirectly and costs) arising out of or in connection with any of the following: (a) for any breach of this Agreement; (b) your use of the App; (c) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities; (d) your violation of the rights of any third party including any intellectual property, publicity, confidentiality, property, or privacy right; or (e) any misrepresentation made by you. Cedars-Sinai reserves the right to control the defense and settlement of any third-party claim for which you indemnify Cedars-Sinai Indemnitees under this Agreement, and you will assist us in exercising such rights. You will not in any event settle any claim without the prior written consent of Cedars-Sinai.

IMPORTANT: THIS SECTION (SECTION 10) LIMITS CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE ACTION, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. PLEASE REVIEW CAREFULLY.

In the unlikely event that a disagreement arises between you and Cedars-Sinai, you must first contact us directly by calling us at 1-800-233-2771 or by emailing webmaster@cshs.org so that we may work in good faith to find a mutually agreeable solution.

If the issue cannot be resolved as described above within sixty (60) days, you and Cedars-Sinai agree, as permitted by applicable law, to resolve any claim or controversy at law or equity arising out of, relating to, or connected in any way with the App, this Agreement, or Additional Terms (collectively, “Dispute”) through binding individual arbitration, or as we and you otherwise agree in writing. You agree that the term “Dispute” in this Agreement will have the broadest meaning possible. This Agreement also covers any Dispute between you and any officer, director, board member, agent, employee, affiliate of Cedars-Sinai, or third party if Cedars-Sinai could be liable, directly or indirectly, for such Dispute. If the parties have more than one Dispute between them, you and Cedars-Sinai agree to assert all such Disputes in a single arbitration so they may be resolved at the same time, or they will be deemed waived.

CLASS AND COLLECTIVE ACTION WAIVER. You and Cedars-Sinai explicitly agree to the fullest extent allowable and enforceable under applicable law, that the arbitrator must decide any Dispute on an individual basis. NO DISPUTE SHALL BE ARBITRATED ON A CLASS OR REPRESENTATIVE BASIS. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated absent the express written consent of Cedars-Sinai. The arbitrator may only award relief (including injunctive relief, if available) on an individual basis. Notwithstanding any other clause contained in this Agreement, any challenge to the validity of this Class and Collective Action Waiver must be determined by a court of competent jurisdiction and not by an arbitrator. If, for any reason, this Class and Collective Action Waiver is held to be unconscionable or unenforceable, then the entirety of this Dispute Resolution/Mandatory Binding Arbitration provision (Section 10) shall not apply, and the Dispute must be brought exclusively in a state or federal court in California. Accordingly, you and Cedars-Sinai consent to the exclusive personal jurisdiction and venue of such courts for such matters.

(a) As stated above, we require you to first contact us directly at webmaster@cshs.org to seek a resolution. If we cannot resolve a Dispute within sixty (60) days, then, to the fullest extent permitted by applicable law, Disputes shall be resolved solely by a single, neutral arbitrator selected in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association (“AAA”), in a reasonably convenient location agreed to by the parties in accordance with the AAA’s Consumer Due Process Protocol (including, but not limited to the AAA’s Consumer-Arbitration Rules, available at the ADR Consumer site), except that we may seek injunctive or other appropriate relief in any state or federal court. You can also obtain AAA procedures, rules, and fee information by visiting the ADR Consumer site.

(b) To begin an arbitration proceeding, you must submit the Dispute by utilizing the forms available at the ADR Consumer site, and simultaneously sending a copy of the completed form to the following address: 200 State Street, 7th Floor, Boston, MA 02109.

(c) Upon filing of the arbitration demand, we will pay all filing, administration, and arbitrator fees other than the initial $200 filing fee, and for claims of less than $1,000, Cedars-Sinai will reimburse you for the filing fee within thirty (30) days of receiving a written request from you. Each party will bear the fees and expense of its own attorneys, experts, witnesses, and preparation and presentation of evidence at the arbitration.

(d) WITH ARBITRATION (i) THERE IS NO JUDGE OR JURY, (ii) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (iii) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. Any Dispute shall otherwise be governed by the internal laws of the State of California without regard to California choice of law principles, except that the provisions of this agreement concerning arbitration shall be governed by the Federal Arbitration Act. The arbitrability of Disputes shall be determined by the arbitrator. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. You hereby consent to, and waive, all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of California.

(e) Certain portions of this Section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Cedars-Sinai agree that we intend that this Section 10 satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual written agreement.

(f) In the event the AAA is unavailable or unwilling to hear the Dispute, you and Cedars-Sinai shall agree to, or a court shall select, another arbitration provider.

(g) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES – OR IT WILL BE FOREVER BARRED.

Governing Law. This Agreement shall be governed by the laws of California excluding conflict of laws principles. The parties hereby submit to the exclusive jurisdiction of the federal, state, or municipal court of proper jurisdiction in the Central District of California to resolve any dispute between them arising under or in connection with the App and this Agreement.

Severability; Entire Agreement; Assignment. If any provision (or part of a provision) of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, such term, condition, or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law. This is the entire agreement between Cedars-Sinai and any other user of the App relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. This Agreement is not assignable, transferable, or sublicensable by you except with Cedars-Sinai’s prior written consent.

Waiver. The failure of Cedars-Sinai to enforce at any time the terms and conditions of this Agreement, or the failure of Cedars-Sinai at any time to require your performance of any of the terms and conditions of this Agreement, will not be construed to be a present or future waiver of this Agreement, nor in any way affect Cedars-Sinai’s ability to enforce this Agreement. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

Investigations; Cooperation with Law Enforcement. Cedars-Sinai reserves the right to investigate and prosecute any suspected or actual violations of this Agreement. Cedars-Sinai may disclose any information as necessary or appropriate to satisfy any law, regulation, legal process, or government request.

Electronic Communications. We may communicate with you electronically in regard to the App, including by email, and we may collect information related to communications between you and Cedars-Sinai. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that any time you electronically transact, agree, or consent via the App, your action is intended as an electronic signature which binds you as if you had signed on paper.

Export Restrictions. You may not use or otherwise export or re-export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. In particular, but without limitation, the App may not be transferred, made available, exported, or re- exported, any regulated items or information to (a) to anyone outside of the United States in violation of any export laws and regulations of the United States. You agree that you will not use the App for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

Apple iOS Terms. If you are accessing or using the App through an Apple device, the following terms and conditions are applicable to you:

(a) To the extent that you are accessing the App through an Apple Device, you acknowledge that this Agreement is entered into between you and Cedars-Sinai and, that Apple, Inc. (“Apple”) is not a party to this Agreement other than as third-party beneficiary as contemplated below.

(b) Any licenses granted to you by this Agreement is subject to the permitted Usage Rules set forth in the App Store Terms of Service (see: http://www.apple.com/legal/itunes/us/terms.html) and any third-party terms of agreement applicable to the App.

(c) You acknowledge that Cedars-Sinai, and not Apple, is responsible for providing the App and Content thereof.

(d) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the App.

(e) To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.

(f) Notwithstanding anything to the contrary herein, and subject to the terms this Agreement you acknowledge that, solely as between Apple and Cedars-Sinai, Cedars-Sinai, and not Apple is responsible for addressing any claims you may have relating to the App, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

(g) Further, you agree that if the App, or your possession and use of the App, infringes on a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claims.

(h) You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.

(i) When using the App, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the App.

(j) Your use of real time route guidance on the App is at your sole risk. Location data may not be accurate.

Google Play Terms. If the App is provided to you through Google Inc. (Google Inc. together with all of its affiliates, “Google”) Google Play, the following terms and conditions apply to you in addition to all the other terms and conditions of this Agreement:

(a) You acknowledge that Google is not responsible for providing support services for the App.

(b) If any of the terms and conditions in this Agreement are inconsistent or in conflict with the Google Play Developer Distribution Agreement (the current version is located at https://play.google.com/about/developer-distribution-agreement.html), the terms and conditions of Google’s Google Play Developer Distribution Agreement will apply to the extent of such inconsistency or conflict.

Licensors. Certain portions of the App, including the My CS-Link functionality, may be licensed to us by our licensor, Epic Systems Corporation. You acknowledge that the licensor does not provide technical support to you or any end user and your support, if any, for the use of the App would be provided directly by Cedars-Sinai.

CS-Connect is licensed to us by K Health. You acknowledge and agree that this Agreement is entered into between you and Cedars-Sinai and that K Health is not a party to this Agreement other than as a third-party beneficiary as described below. K Health will have no warranty obligations whatsoever with respect to the App and is not responsible for addressing any claims you may have relating to the App and shall have no liability to you arising from your use of the App. With respect to the foregoing sentence and the indemnification and intellectual property provisions of this Agreement, K Health is a third-party beneficiary, and you acknowledge and agree that K Health will have the right to enforce those provisions of this Agreement as if it were a party hereto.

If you have any questions regarding this Agreement, you can email us at: webmaster@cshs.org.