Terms of use

Hope you guys are enjoying the DailyRounds platform to share and help others learn from your clinical experience. Do have a look at our terms and conditions for use.

Dailyrounds, Inc is an online medical educational platform for doctors. Dailyrounds, Inc at present

consists of Dailyrounds, Pediatric Rounds, Radiology Rounds and Cardiology Rounds Apps.

Dailyrounds, Inc provides an unique case based learning opportunity for doctors across the world. Dailyrounds, Inc also provides a platform for doctors to share their clinical experiences so that the whole of the medical community is benefitted. Dailyrounds Inc also brings in latest updates in the field of medicine.

The following terms and conditions constitute an agreement between you and DailyRounds Inc (“DailyRounds,” “we,” or “us”), the operator of DailyRounds mobile app, Pediatric Rounds mobile app, Radiology Rounds mobile app, Cardiology Rounds mobile app and DailyRounds.org (the “Site”). BY USING THE APPLICATION/SITE, AND/OR BY REGISTERING WITH US, YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF USE, including that you consent to the information practices disclosed in our Privacy Policy, which is incorporated herein by reference, and that you are agree to comply with applicable laws, governed and interpreted by the country. Please note that we offer the mobile application and site "AS IS" and without warranties. If you are registering an account on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept these Terms of Use on such individual's or entity's behalf.

1. Using the DailyRounds Mobile application

We are solely an educational platform for doctors and we do not intend to provide any diagnostic/investigational/treatment advice or consultation. The information provided inside the application is solely for educational purpose only. Any other use is not permitted under the terms. Read disclaimers section for further information on use. The ever changing evidence in the field of medicine is always a challenge to learn. The information provided by us will try to cover such advances. In case of healthcare delivery, the information provided by us is not liable as we provide only educational services. Our services will never replace any doctor’s intellectual ability and decision making in any instance and we are not liable for any such acts.

2. Content terms

“Content” means text, graphics, images, software (excluding the App) information or other materials.

“Collective Content” means, collectively, DailyRounds Content and Registered User Content.

Certain areas of the Site and App (and your access to or use of certain Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Services, App or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services, App or Collective Content. Unless explicitly stated otherwise, any new features that augment or enhance the current Services in future shall be subject to these Terms; they will be posted to the Site as available as well as to the App and you are deemed to have accepted them.

“DailyRounds Content” means Content that we make available through the App, Site, Services, including any Content licensed from a third party, but excluding Registered User Content.

“Registered User” and “you” means a person that completes DailyRound’s account registration process, as described in the “Account Registration” section below; “your” applies as the meaning of the clause requires.

“Registered User Content” means Content a Registered User posts, uploads, publishes, submits or transmits to be made available through the App, Site, Services.

3. Content modification

DailyRounds Inc. reserves the right, at its sole discretion, to modify, discontinue or terminate the Site, Services or App or to modify these Terms, at any time and without prior notice. If we modify these Terms we will post the modification via the Site or App or provide you with notice of the modification. By continuing to access or use the Site, Services or App after we have posted a modification via the Site or App or have provided you with notice of a modification, you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, you agree to immediately stop using the Site, Services and App.

4. Ownership

DailyRounds Inc. does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to Daily Rounds Inc, in perpetuity, a non-exclusive, fully paid and royalty-free, transferable, sub-licensable (through several tiers), worldwide license to use, reproduce, view, communicate to the public by any means, print, copy, (whether onto hard disk or other media), edit, translate, perform and display (publicly or otherwise), redistribute, modify, adapt, make, sell, offer to sell, transmit, distribute, license, transfer, stream, broadcast, create derivative works from, and otherwise use and exploit the Content that you post on or through the Service, subject to the Service's Privacy Policy.

5. Copyright policy

DailyRounds Inc. respects copyright law and expects its users to do the same. It is DailyRounds Inc.’s policy to terminate in appropriate circumstances Registered Users or other account holders who have infringed the rights of copyright holders or of whom DailyRounds Inc. has reasonable grounds to believe that they have infringed the rights of copyright holders

6. General prohibitions

You agree not to do any of the following:

Post, upload, publish, submit or transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships.

Take, post, upload, publish, transmit or otherwise make use of any screen shots, screen captures, reproductions, drawings, photos, videos, downloads or data of any of the images, comments or contributions to DailyRounds or any Collective Content.

Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.

Use, display, mirror or frame the Site or App, or any individual element within the Site, Services or App, DailyRounds, Inc. or DailyRounds’s names, any DailyRounds, Inc. trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without DailyRounds, Inc.’s express written consent;

Access, tamper with, or use non-public areas of the Site or App, DailyRounds, Inc.’s computer systems, or the technical delivery systems of DailyRounds, Inc.’s providers;

Attempt to probe, scan, or test the vulnerability of any DailyRounds, Inc. system or network or breach any security or authentication measures;

Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by DailyRounds, Inc. or any of DailyRounds, Inc.’s providers or any other third party (including another user) to protect the Site, Services, App or Collective Content;

Attempt to access or search the Site, Services, App or Collective Content or download Collective Content from the Site, Services or App through the use of any engine, software, tool, agent, device or mechanism (including scripts, bots, spiders, scraper, crawlers, data mining tools or the like) other than the software and/or search agents provided by DailyRounds, Inc. or other generally available third party web browsers;

Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation, from the App or otherwise;

Use any meta tags or other hidden text or metadata utilizing a DailyRounds, Inc. trademark, logo URL or product name without DailyRounds, Inc.’s express written consent;

Use the Site, Services, App or Collective Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;

Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, App or Collective Content to send altered, deceptive or false source-identifying information;

Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, App or Collective Content;

Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site, Services or App;

Collect or store any personally identifiable information from the Site, Services or App from other users of the Site, Services or App without their express permission;

Impersonate or misrepresent your affiliation with any person or entity;

Violate any applicable law or regulation, or any other rules of professional conduct; or

Encourage or enable any other individual to do any of the foregoing.

DailyRounds, Inc. will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. DailyRounds, Inc. may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that DailyRounds, Inc. has no obligation to monitor your access to or use of the Site, Services, App or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Site, Services and App, to ensure your compliance with these Terms and the Privacy Policy, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body having jurisdiction. DailyRounds, Inc. reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that DailyRounds, Inc., at its sole discretion, considers to be in violation of these Terms, the Privacy Policy, or otherwise harmful to the Site, Services or App.

7. App license

Subject to your compliance with these Terms, DailyRounds, Inc. grants you a limited non-exclusive, non-transferable license to download and install a copy of the App on mobile devices or computer that you own or control and to run such copy of the App solely for your own personal and professional use. The non-transferable license is also limited by any terms of service provisions required by the vendor from whom you purchased the DailyRounds App (e.g., Apple iTunes, Google Play, etc.) (hereinafter, “App Vendor”).

8. Security

The Services are designed to require users to provide a valid, working e-mail address and password to access and use the Site, Services, App and Collective Content. Upon registering, you will select a password. Your e-mail address and the password and codes assigned to you are, collectively, your “User Information.” You are solely responsible for (1) maintaining the strict confidentiality of your User Information, (2) not allowing another person to use your User Information to access the Services, (3) any and all damages or losses that may be incurred or suffered as a result of any activities that occur under your User Information. You agree to immediately notify DailyRounds, Inc. in writing by email of any unauthorized use of your User Information or any other breach of security. DailyRounds, Inc. is not and shall not be liable for any harm arising from or relating to the theft of your User Information, your disclosure of your User Information, or the use of your User Information by another person or entity. Any attempt to obtain unauthorized access or to exceed authorized access to the Site, Services, App or Collective Content shall be considered a trespass and computer fraud and abuse, punishable under national, provincial, state and federal laws. DailyRounds, Inc. hereby notifies you that any or all communications with this Site can and will be monitored, captured, recorded, and transmitted to the authorities as deemed necessary by DailyRounds, Inc. in its sole discretion and without further notice. Notwithstanding the foregoing, as a Registered User, you remain responsible for your individual compliance with any additional applicable notification requirements related to the unauthorized use of User Information or Registered User Content.

9. Disclaimers

6.1. NO DIAGNOSTIC SERVICE

THE APP IS PRIMARILY AN EDUCATIONAL TOOL AND IS NOT INTENDED TO SERVE THE FOLLOWING NEEDS: AS A DIAGNOSTIC SERVICE; AS A CONFIRMATORY SERVICE TO PROVIDE CERTAINTY IN DIAGNOSIS; TO SELECT, GUIDE, OR PROMOTE THERAPY OF MEDICAL CONDITIONS; FOR USE IN HAZARDOUS OR MISSION-CRITICAL CIRCUMSTANCES OR FOR USES REQUIRING FAIL-SAFE PERFORMANCE; OR IN SITUATIONS WHERE FAILURE COULD LEAD TO DEATH OR PERSONAL INJURY (COLLECTIVELY, “UNAUTHORIZED PURPOSES”). BECAUSE THE APP HAS NOT BEEN DESIGNED, INTENDED, OR AUTHORIZED FOR SUCH UNAUTHORIZED PURPOSES, YOU SHALL NOT USE THE SITE, SERVICES OR APP FOR SUCH PURPOSES OR UNDER SUCH CIRCUMSTANCES. YOU FURTHER ACKNOWLEDGE THAT THE USE OF DAILYROUNDS’S SITE, SERVICES, AND APP FOR SUCH UNAUTHORIZED PURPOSES MAY CONSTITUTE A VIOLATION OF LAWS APPLICABLE TO THE PRACTICE OF MEDICINE OR OTHER HEALTH PROFESSION (S).

6.2. NO WARRANTY

YOUR RELIANCE UPON THE CONTENT OBTAINED OR USED BY YOU THROUGH THE SITE, SERVICES OR APP IS SOLELY AT YOUR OWN RISK.

6.3 ROUNDS OR LIVE DISCUSSIONS ARE NOT EXPERT ADVICES

ROUNDS OR LIVE DISCUSSIONS ARE MEANT FOR EDUCATIONAL PURPOSES ONLY. THE OBJECTIVE OF SUCH DISCUSSIONS ARE MEANT SOLELY FOR THE PURPOSE OF EDUCATIONAL INTENT. ANY USE OF SUCH RESOURCE AS AN EXPERT ADVICE WILL BE AT YOUR OWN RISK.

6.4 #SECONDOPINION FEATURE

#SECONDOPINION FEATURE IS TO BE USED SOLELY TO OBTAIN FEEDBACK, FOR EDUCATION AND FOR DISCUSSION. NEITHER THE USER ASKING NOR THE USER RESPONDING TO THE POST ARE INTENDING TO OR ARE PROVIDING MEDICAL SERVICES BY DOING SO.

#SECONDOPINION FEATURE HAS NOT BEEN DESIGNED, INTENDED, OR AUTHORIZED FOR DIAGNOSTIC PURPOSES AND IS ONLY AN INFORMATIONAL TOOL. UNDER NO CIRCUMSTANCE IS THE APP PROVIDING A DIAGNOSTIC TOOL OR A DIAGNOSTIC PLATFORM. USERS SHALL NOT USE THE SITE, SERVICES OR APP FOR SUCH PURPOSES OR UNDER SUCH CIRCUMSTANCES.

A USER USING THE #SECONDOPINION FEATURE IS NOT REQUESTING AND SHALL NOT REQUEST A MEDICAL CONSULTATION OF ANY KIND; YOU ARE SOLELY REQUESTING FEEDBACK, EDUCATION AND DISCUSSION. YOU ACKNOWLEDGE THAT YOU ARE NOT ENGAGING IN THE PRACTICE OF MEDICINE NOR REQUESTING MEDICAL SERVICES OF ANY KIND OR INTENDING TO CREATE ANY KIND OF PHYSICIAN/PATIENT RELATIONSHIP BY USING THE #SECONDOPINION FEATURE AND BY RESPONDING TO OR ENGAGING IN ANY KIND OF CONVERSATION RELATED TO A POST.

A USER RESPONDING TO #SECONDOPINION IS NOT GIVING AND SHALL NOT GIVE MEDICAL ADVICE OF ANY KIND. YOU ACKNOWLEDGE THAT BY RESPONDING TO ANOTHER USER’S #SECONDOPINION AND PROVIDING INFORMATION, YOU, AS A MEDICAL PRACTITIONER OR STUDENT, ARE NOT AND SHALL NOT PROVIDE MEDICAL SERVICES, ENGAGE IN THE PRACTICE OF MEDICINE OR CREATE OR INTEND TO CREATE A PHYSICIAN/PATIENT RELATIONSHIP OR TO ACT AS A MEDICAL CONSULTANT.

6.5 VERIFIED REPLY

THE VERIFIED REFLY IS A FEATURE BY WHICH THE EDITORIAL BOARD ACKNOWLEDGES THAT A REPLY IS MOST LIKELY TO BE CORRECT ANS DISPLAYS THE REPLY PROMINENTLY. HOWEVER THE DECISION TO VERIFY A REPLY IS BASED ON LIMITED INFORMATION, KNOWLEDGE AVAILABLE AT THE TIME HENCE THE VERIFIED REPLY MIGHT CHANGE OR MAY BE INACCURATE.

THIS FEATURE IS INTENDED TO SOLELY USED FOR EDUCATIONAL PURPOSES. THE EDITORIAL BORAD IN VERIFYING A REPLY IS IN NO WAY PROVIDING A MEICAL SERVICE.

THE VERIFIED REPLY FEATURE UNDER NO CIRCUMSTANCE SHOULD BE USED AS A DIAGNOSTIC TOOL OR USED TO DETERMINE TREATMENT DECISIONS.


 

AS A USER OF THE APP, YOU ARE BOUND TO USE THE PLATFORM SOLELY FOR THE PURPOSE OF EDUCATION. ANY FORM OF DEVELOPING PATIENT RELATIONSHIP OR ACTING AS MEDICAL CONSULTANT FOR OTHER DOCTORS ARE NOT PERMISSABLE.

ANY SPECIALIST REPLYING FOR THE POSTED QUERIES MUST BE VIEWED AS EDUCATIONAL AND INFORMATION SOURCE. MISCONSTRUING THE SAME AS EXPERT ADVICE WILL NOT MAKE THE SPECIALIST LIABLE.

10. Privacy

See our Privacy Policy for information and notices concerning DailyRounds, Inc.’s collection and use of your personal information. By clicking on the “Agree” or “I Accept” button, or accessing or using the Site, Services or App, or by downloading or posting any content from or through the Site, Services or App, you acknowledge and agree to the provisions of the Privacy Policy and affirm that the Privacy Policy forms a part of these Terms.

All content generated by a Registered User must comply with local, national, provincial, state, and federal privacy legislation and best practices. Identifying information must be removed from Registered User Content. To assist you, DailyRounds, Inc. will make available to you its proprietary tools to help you remove direct identifiers and other common identifiers, including the tools’ automatic and manual information-blocking features.

The Registered User agrees and warrants that they have removed all identifying information regarding the person in the Image and the relatives, employers or household members of that person. This includes, but is not limited to, the following:

Names;

All geographical subdivisions smaller than a State, including street address, city, county, precinct, zip code, and their equivalent geocodes, except for the initial three digits of a zip code, if according to the current publicly available data from the Bureau of the Census:

(1) The geographic unit formed by combining all zip codes with the same three initial digits contains more than 20,000 people; and

(2) The initial three digits of a zip code for all such geographic units containing 20,000 or fewer people is changed to 000

United Kingdom, Irish, Belgian, Argentina, Austrian, Brazilian, Greek or South African postal codes or parts of postal codes;

All elements (except year) for dates directly related to an individual, including birth date, admission date, patient encounter date, discharge date.

Phone numbers;

Fax numbers;

Electronic mail addresses;

Social security or social insurance numbers, national identity number, or equivalent;

Medical record numbers;

Health card numbers, health plan beneficiary numbers, or Health Insurance Account numbers;

Account numbers;

Certificate/license numbers;

Vehicle identifiers and serial numbers, including license plate numbers;

Device identifiers and serial numbers;

Web Universal Resource Locators (URLs);

Internet Protocol (IP) address numbers;

Biometric identifiers, including finger and voice prints;

Full face photographic images and any comparable images; and

Photographic images of scars, tattoos, piercings etc. which would allow for an identification and

Any other unique identifying number, characteristic, or code (note this does not mean the unique code assigned by the investigator to code the data).

Registered User agrees and warrants that Registered User does not have actual knowledge that the Images could be used alone or in combination with other information to identify an individual who is the subject of the information.

11. Links

The Site, Services or App may contain links to third-party websites or resources which do not form part of the Site, Services or App. You acknowledge and agree that DailyRounds, Inc. is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the Content, products, or services on or available from such websites or resources for which such third party is solely responsible. Links to such websites or resources do not imply any endorsement by DailyRounds, Inc. of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products, or services on or available from such websites or resources.

12. Third party content

Dailyrounds, Inc may license third parties to post content, or resources and obtain information related to that content or resource. You acknowledge and agree that DailyRounds, Inc. is not responsible or liable for: (i) the accuracy of such content; or (ii) the Content, products, or services on or available from such posts or resources for which such third party is solely responsible. Posts or resources do not imply any endorsement by DailyRounds, Inc. of such resources or content, products, or services available from the third party. You acknowledge that the responsibility for risk arising from your use of any such third party post or resources or the Content, products, or services on or available from the third party lies with the respective third party and you.

13. Termination and account cancellation

If you breach any of these Terms, DailyRounds, Inc. will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. DailyRounds, Inc. reserves the right to revoke your access to and use of the Site, Services, App and Collective Content at any time, with or without cause. You may cancel your Account at any time by contacting us. The change will be processed within seven (7) days.

14. Privacy of the patient and applicable legality

National, Provincial, State and Federal laws, as well as ethical and licensure requirements of your profession and health regulatory college and licensing requirements impose obligations with respect to protection of privacy and patient confidentiality that may limit the ability of physicians, health care providers, and persons acting on their behalf, to make use of certain confidential patient information (“Patient Information”) and/or to transmit Patient Information to third parties without express consent.

You represent and warrant that you will, at all times, comply with all laws directly or indirectly applicable to you that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of the Patient Information, and require all persons or entities under your direction or control to comply with such laws, including the Privacy Laws, and the Privacy Policy. You are at all times solely responsible for obtaining and maintaining all patient consents, if applicable, and all other legally necessary consents or permissions required or advisable to disclose, process, retrieve, transmit, and view the Patient Information that you transmit, store, or receive in connection with the Site, Services, App and any third party site. Any violation of these terms might result in cancellation/suspension of the account depending upon the seriousness of violations. In the event of patient privacy being disclosed by you without consent; the consequences of such a deliberate act will solely reside on you. DailyRounds Inc. operating as an educational platform shall not stand to be scrutinized in such cases and will not be a part of any legal proceedings thereof.

We cannot and expressly do not assume any responsibility for your use or misuse of patient information or other information, whether intentional or inadvertent, that is transmitted, monitored, stored or received while using the site, services, app or collective content. We reserve the right to amend or delete any collective content (along with the right to revoke any membership or restrict access to the site, services, app or collective content) that we determine in our sole discretion violates the above. We further do not assume any responsibility to make any determinations regarding your subsequent reporting or notification obligations arising from any use or misuse of patient information or other information; these determinations and your actions in response to such determinations remain your sole responsibility.

Your representations, warranties, and obligations in this section survive termination of these Terms.

15. Indemnity

You agree to defend, indemnify, and hold DailyRounds, Inc., its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, proceedings or demands including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Services, App or Collective Content, or your violation of these Terms.

16. Limitation of liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES, APP AND COLLECTIVE CONTENT REMAINS WITH YOU. NEITHER DAILYROUNDS, INC. NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES, APP OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, APP OR COLLECTIVE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, SERVICES OR APP OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, SERVICES OR APP WHETHER BASED ON WARRANTY, CONTRACT, DELICT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DAILYROUNDS, INC. HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED IN MEETING ITS ESSENTIAL PURPOSE.

17. Proprietary rights notices

All trademarks, service marks, logos, trade names and any other proprietary designations of DailyRounds, Inc. used herein are trademarks or registered trademarks of DailyRounds, Inc. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

18. Applicable law/jurisdiction

Except as provided in the addenda applicable to your specific jurisdiction provided with the Terms and except where mandatory law supersedes this choice of law clause, these Terms shall be governed by the laws of the Province of Delaware and the laws of United states of America applicable therein.

19. Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in a written form and given: (i) by DailyRounds, Inc. via email (in each case to the address that you provide); or (ii) by posting to the Site; or (iii) via the App. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

20. Dispute resolution

All disputes between you and DailyRounds arising out of or concerning these Terms, including but without limitation any dispute as to the interpretation of these Terms, any alleged breach of these Terms, the right of a party to exercise any right or remedy herein provided which have not been settled by informal negotiations or mediation, shall be resolved by binding arbitration in accordance with the United state laws applicable to Province of Delaware.

21. General

The failure of DailyRounds, Inc. to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of DailyRounds, Inc. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

22. Contacting DailyRounds, Inc

These Services are operated by DailyRounds, Inc. If you have any questions about these Terms, please contact DailyRounds, Inc via mail editor@dailyrounds.org.

23. Miscellaneous

You acknowledge that the Terms apply to you and DailyRounds, Inc. only, and not with any App Vendor. The App Vendor and any App Vendor subsidiaries are third party beneficiaries of the Terms. Upon your acceptance of the Terms, the App Vendor will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary.

You may not use or otherwise export or re-export the App except as authorized by both Indian laws and the laws of the jurisdiction in which you obtained DailyRounds.