Ezra AI, Inc. (“Ezra AI”), and its affiliates (collectively, “Ezra,” “we,” “us,” “our”) provides certain services (described below) to you through its website located at www.ezra.com/en-gb (the “Site”) or other websites maintained by us, and through our cloud platforms, and locations and related technologies, including any updated or new features, functionality and technology (collectively, the “Service”), subject to the following terms of service (as amended from time to time, the “Terms of Service”). By accessing, browsing, or otherwise using the Site, or any other aspect of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not accept the terms and conditions of these Terms of Service, you will not access, browse, or otherwise use the Service.
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Service user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Service or changes made for legal reasons will be effective immediately. You should periodically visit this page to review the current Terms of Service so you are aware of any revisions. If you do not agree to abide by these or any future Terms of Service, you will not access, browse, or use (or continue to access, browse, or use) the Service. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
At Ezra, we respect the privacy of our users. For details please see our Privacy Policy. All such terms are hereby incorporated by reference into these Terms of Service.
In addition, when using or receiving the Service, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time. All such terms are hereby incorporated by reference into these Terms of Service.
Services Description: The Service provides a web and mobile-based platform through which users can receive telehealth imaging services and other health, research or medical related products or services.
Imaging Services: Through the Service, you can submit your medical history, and ask Ezra’s medical providers (each, an “Ezra Medical Provider”) to review your history and, if deemed medically appropriate, order and schedule a magnetic resonance imaging scan, and/or other imaging, scan or medical test listed on our services page here (each, an “Imaging Service”) for screening and other assessments at one of our Imaging Locations (defined below). Depending on the information you provide when requesting an Imaging Service, and/or based on communications with Ezra Medical Providers, Ezra may not be able to fulfill your request for a Service, including if a Ezra Medical Provider determines in its sole discretion that Service is not medically appropriate.
Communication with Ezra Care Team: Representatives from Ezra may contact you via the Service to schedule consultations to discuss your Imaging Service, and/or to discuss other Products (as defined below) as applicable.
Scheduling Imaging Services: If deemed medically appropriate by an Ezra Medical Provider, you or a Care Advisor will schedule an appointment for an Imaging Service at one of the locations listed on my.ezra.com/en-gb that are operated by third parties (each, an “Imaging Location”). Ezra cannot guarantee that such scheduling information or the list of Imaging Locations is accurate, complete, and/or up-to-date. Additionally, scheduling an Imaging Service with an Imaging Location may not guarantee your appointment; the Imaging Location may need to separately confirm such requested appointment. Whether an Imaging Location confirms your appointment is solely at the discretion of such Imaging Location.
Before scheduling an Imaging Service, please review the list of Imaging Locations here to confirm your proximity to an Imaging Location. There may be penalties or fees if you cancel or miss a scheduled Imaging Service—please view the scheduling terms here.
Results of Your Imaging Service or Product: The results of your completed Imaging Services or other Products (as defined below) will be automatically shared with Ezra by the Imaging Location. You may be able to view the results of your completed Imaging Services or Products on the Site.
Other Services or Products Offered by Ezra: Ezra may offer additional medical, research or health care products and services as part of the Service including a health risk assessment (the “Ezra Risk Assessment”) (collectively, including the Imagine Services, “Products”). More details and terms for the Ezra Risk Assessment can be found here.
No Treatment Offered by Ezra AI; Medical Disclaimer: Ezra AI is not authorized to provide services requiring professional licensure, does not offer any medical treatment or perform any clinical health services ,and does not provide any medical advice. Ezra Health only offers preliminary evaluation services and limited medical advice in response to specific findings identified in connection with your medical history, and the results of your Imaging Service or other applicable Products (the “Ezra Health Care Services”). Depending on the results of your Imaging Service or any other applicable Product, you should contact your applicable health care provider for further advice, follow up, diagnoses, or treatment. We will share the results of your Imaging Services and of our other Products with third parties at your request and only as permitted by applicable data protection legislation.
NO HEALTH CARE PROVIDER/PATIENT RELATIONSHIP IS CREATED BETWEEN EZRA AND AN INDIVIDUAL WHEN AN INDIVIDUAL USES CERTAIN SERVICES THAT DO NOT REQUIRE THE ADVICE OR INTERVENTION OF A MEDICAL PROVIDER; A HEALTH CARE PROVIDER/PATIENT RELATIONSHIP MAY BE CREATED BETWEEN EZRA HEALTH AND AN INDIVIDUAL WHEN AN INDIVIDUAL USES THE SERVICES THAT REQUIRE THE ADVICE OR INTERVENTION OF AN EZRA MEDICAL PROVIDER.
The Service, including the Ezra Health Care Services, is not intended or implied to be a substitute for professional medical diagnosis or treatment. You are encouraged to confirm any information or advice obtained from or through the Service with other sources, and review all information and advice regarding any medical condition or treatment with your primary care physician or other health care professional. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING YOU HAVE READ ON OR ACCESSED THROUGH THE SERVICE.
IF YOU THINK YOU OR SOMEONE USING THE SERVICE MAY HAVE A MEDICAL EMERGENCY, CALL A DOCTOR OR YOUR LOCAL EMERGENCY NUMBER IMMEDIATELY.
Health Related Content: While Ezra provides certain Ezra Health Care Services, some health-related information, data, software, photographs, graphics, videos, text, images, typefaces, sounds and other material included in the Service Content or otherwise available on or via the Service describes general principles of health care that should not be construed as specific instructions for individual patients. It is for reference only and should not be used to determine treatment for specific medical conditions—only a health care provider can do that. You understand and agree that in no event will Ezra be liable for any decision made or action taken in reliance on such general information contained thereon, and reliance thereon is solely at your own risk.
EZRA IS NEITHER RESPONSIBLE NOR LIABLE FOR ANY IMAGING SERVICE, OR ANY MEDICAL OR HEALTH PROCEDURE, ADVICE, ANALYSIS OR INFORMATION THAT IS PURCHASED OR ACCESSED THROUGH THE SERVICE THAT IS PROVIDED BY A THIRD PARTY.
Your Registration Obligations: You may be required to register with Ezra on the Site in order to access and use certain features of the Service, including to schedule an Imaging Service or purchase a Product. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Such registration data and certain other information about you are governed by our Privacy Policy. Ezra is not liable for any loss or damage arising from your failure to comply with these obligations. If you are under 18 years of age, you are not authorized to use the Service with or without registering.
User Account, Password and Security: When creating your account, you represent and warrant that you will provide accurate and complete information. You are expected to use “strong” passwords (passwords that use a combination of upper and lowercase letters, numbers and symbols) with your account. You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account, even if due to misuse or any unauthorized access. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that your account is personal to you and you agree not to provide any other person with access to the Service using your username, password, or other security information. You also agree to ensure that you logout from your account at the end of each session. You agree to immediately notify Ezra of any unauthorized use of your password or account or any other breach of security. Ezra will not be liable for any loss or damage arising from your failure to comply with this Section.
Deleting Your Account: You may delete your account at any time by sending an email with the request in the subject line to privacy-uk@ezra.com. Note that doing so will delete all your data and information stored on the Service or shared via the Service, and we will bear no responsibility for such loss of data or information; provided that we may retain any information or data as permitted under these Terms of Service and subject to our rights under the Privacy Policy, or as may be necessary or advisable in order to comply with any applicable law, rule, statue, order or regulation (collectively, “Law”). All fees that may have been incurred prior to de-registration will be due and owing, until paid in full, such account deletion notwithstanding.
Modifications to Service: Ezra reserves the right to suspend, limit, condition modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Ezra will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage: You acknowledge that Ezra may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Ezra’s servers on your behalf. You acknowledge that Ezra reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Ezra reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. You further acknowledge that in the event Ezra terminates an inactive account, Ezra may delete any data once the account is deemed to be inactive, and we will bear no responsibility for such loss of data or information; provided that we may retain any information or data as permitted under these Terms of Service and subject to our rights under the Privacy Policy, or as may be necessary or advisable in order to comply with any Law.
Registering for an Account: In order to register for an account, you may be required to submit credit card or other payment information at the time of registration.
Fees: Certain products or services offered in connection with the Services (“Products”) are offered for a fee; the prices for Products can be found here. When you schedule an Imaging Service or otherwise purchase a Product, you will be required to select a payment plan that are listed here. You will be charged for the Product pursuant to the payment plan you select. We reserve the right to change the prices for Products.
Payment Method: Collection of your credit card or other payment information and the processing of payment of fees will be performed by third party payment processors (the “Payment Processors”). Ezra currently uses Stripe (https://stripe.com/) as its Payment Processor, but reserves the right to change Payment Processors. You will tender payment to the applicable Payment Processor, and fees will be processed by the applicable Payment Processor. You are bound by the applicable Payment Processor’s terms and conditions for the processing of payments, as the same may be modified by such Payment Processor from time to time (collectively, the “Payment Processor Terms”). Information provided to any Payment Processor is governed by the applicable Payment Processor Terms. Stripe’s Payment Processer Terms are comprised of Stripe’s Connected Account Agreement, located at https://stripe.com/connect-account/legal, which includes the Stripe Services Agreement located at https://stripe.com/legal and Stripe’s Global Privacy Policy located at https://stripe.com/privacy. We are not responsible for the performance of any Payment Processor, including Stripe.
You represent and warrant to Ezra that such information is true and that you are authorized to use the payment instrument. You agree to pay Ezra the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms of Service. You shall be responsible for all taxes associated with the Service other than U.S. taxes based on Ezra’s net income. If your payment fails, we may immediately cancel or revoke your access to the Service and/or terminate your account. If you contact your bank or credit card company to decline or reverse the charge of fees, we may revoke your access to our Service and/or terminate your account. If you dispute any charges you must let Ezra know within sixty (60) days after the date that Ezra charges you.
User Conduct: You are solely responsible for all code, content, images, information, data, text, software, photographs, graphics, messages or other materials (“content”) that you upload, share, input, post, publish, email or display (hereinafter, “share”) via the Service (collectively, the “User Content”). The following are examples of the kind of content and/or use that is illegal or prohibited by Ezra. Ezra reserves the right to investigate and take appropriate legal action against anyone who, in Ezra’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
a) share any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any Law or under contractual or fiduciary relationships; (iii) contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) is illegal, offensive, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; (vi) is false, misleading, or otherwise deceptive; or (vii) in the sole judgment of Ezra, may expose Ezra or its users to any harm or liability of any type;
b) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey or violate any requirements, procedures, policies or regulations of networks connected to the Service;
c) violate any applicable Law;
d) impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity;
e) harvest or collect email addresses or other contact information or personally identifiable information of other users of the Service;
f) take any action that imposes, or may impose, as determined in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
g) copy or store any significant portion of the Service Content;
h) monetize the Service Content through advertising, subscriptions or other means;
i) further or promote any criminal activity or enterprise;
j) circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in or geographic restrictions on any content (including Service Content) available on or through the Service, including through the use of virtual private networks, or by bypassing measures preventing or restricting access to the Service or Service Content; or
k) engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If you are blocked by Ezra from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address or virtual private network).
Special Notice for International Use; Export Controls: Software (defined below) which may be available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export Laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local Laws regarding your use of the Service, including as it concerns online conduct and acceptable content. The Service may not be used or otherwise provided or made available, either directly or indirectly, (a) in Cuba, Iran, North Korea, Syria, Crimea region of Ukraine, or any other country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Denial Orders. You agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list and that you will not share the Service with anyone whose status is described in items (a) or (b) above.
Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or share for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is solely for your personal, non-commercial use.
If you would like to opt out of all communications from us, including information, communications, updates and reminders about your account and the Products you purchase please contact our customer support team at privacy-uk@ezra.com, however, you acknowledge that this may affect your ability to effectively use the Service.
License: Subject to these Terms of Service, Ezra hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to (a) install the on one mobile device and (b) use the for your own personal use solely to access and use the Service. For clarity, the foregoing is not intended to prohibit you from installing another device on which you also agreed to these Terms of Service. Each instance of the Terms of Service that you agree to in connection with downloading grants you the aforementioned rights in connection with the installation and use of the one device.
Google-Sourced Software: The following applies to any software you download from the Google Play Store (“Google-Sourced Software”): (a) you acknowledge that these Terms of Service are between you and Ezra only, and not with Google, Inc. (“Google”); (b) your use of Google-Sourced Software must comply with Google’s then-current Google Play Terms of Service; (c) Google is only a provider of Google Play where you obtained the Google-Sourced Software; (d) Ezra, and not Google, is solely responsible for Ezra’s Google-Sourced Software; (e) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms of Service; and (f) you acknowledge and agree that Google is a third-party beneficiary to this Agreement as it relates to Ezra’s Google-Sourced Software.
Software: The technology and software underlying the Service, including any proprietary technology or algorithms embodied in Ezra’s software or distributed in connection therewith (the “Software”) are the property of Ezra and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Ezra.
Open Source Software: The Software may contain or be provided together with open source software. Each item of open source software is subject to its own license terms, which can be made available by written request to privacy-uk@ezra.com. If required by any license for particular open source software, Ezra makes such open source software, and Ezra’s modifications to that open source software (if any), available by written request to privacy-uk@ezra.com. Copyrights to the open source software are held by the respective copyright holders indicated therein.
Service Content, Software and Trademarks: You acknowledge and agree that the Service or Site may contain or feature content or information, including articles and other works (“Service Content”), that are protected by copyright, patent, trademark, trade secret or other proprietary rights and Laws. The Content is protected by United States and foreign intellectual property Laws. Unauthorized use of the Service Content may result in violation of copyright, trademark, and other Laws. You have no rights in or to the Service Content, and you will not use, copy or display the Service Content, including but not limited to use of framing or mirrors, except as permitted under these Terms of Service. No other use is permitted without our prior written consent, and any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. You may not sell, transfer, assign, license, sublicense, or modify the Service Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Service Content in any way for any public or commercial purpose (except that the foregoing does not apply to your own User Content (as defined below) that you legally share).
Ezra name and logos are trademarks and service marks of Ezra (collectively the “Ezra Trademarks”). Other Ezra, product, and service names and logos which may be used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Ezra. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Ezra Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Ezra Trademarks will insure our exclusive benefit.
User Content: You represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. You hereby grant Ezra a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, irrevocable license to copy, display, share, perform, distribute, store, modify and otherwise use your User Content, and any statistical and usage data relating to your use of the Service derived by Ezra or its third-party service providers, in connection with (a) the operation and provision of the Service, and (b) subject to the Privacy Policy, (i) the improvement or enhancement of the Service, and the development and provision of new products, services and offerings, and for other development and corrective purposes in connection with the Service and other Ezra offerings, products or services, (ii) to create aggregated or other de-identified data, and (iii) the marketing or promotion of any of the foregoing, in each case in any form, medium or technology now known or later developed, except to the extent that any use would be prohibited by applicable Law. You represent and warrant that any authorized use of your User Content by Ezra does and will not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, and intellectual property rights.
Any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Ezra are non-confidential and Ezra will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Ezra may preserve content and may also disclose content if required to do so by Law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable Laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Ezra, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
The Service may provide links or other access to services, sites, technology, and resources that are, in whole or in part, provided or otherwise made available by third parties, including the Imaging Services or as applicable, other Products (the “Third-Party Services”). Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party, and you may be required to authenticate to or create separate accounts to use Third-Party Services on the websites or via the technology platforms of their respective providers. Some Third-Party Services will provide us with access to certain information that you have provided to third parties, including through such Third-Party Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating Third-Party Services and our use, storage and disclosure of information related to you and your use of such Third-Party Services within the Service, please see our Privacy Policy. Ezra has no control over and is not responsible for such Third-Party Services, including for the accuracy, legality, availability, reliability, or completeness of results of, or information shared by or available through Third-Party Services, including the results of Imaging Services or, as applicable, other Products, and such information is subject to change without notice, or on the privacy practices of Third-Party Services. We encourage you to review the privacy policies of the third parties providing Third-Party Services prior to using such services. You, and not Ezra, will be responsible for any and all costs and charges associated with your use of any Third-Party Services. Ezra enables these Third-Party Services merely as a convenience and the integration or inclusion of such Third-Party Services does not imply an endorsement or recommendation. Any dealings you have with third parties while using the Service are between you and the third party. Ezra will 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 Third-Party Services.
You agree to release, indemnify and hold Ezra and its affiliates and its and their officers, employees, directors, service providers, licensors, and agents (collectively, “Indemnitees”) harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EZRA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; PROVIDED, HOWEVER THAT SUCH DISCLAIMER SHALL NOT APPLY TO ANY EZRA HEALTH CARE SERVICES PROVIDED BY EZRA MEDICAL PROVIDERS.
EZRA MAKES NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) ANY CONTENT PROVIDED THROUGH THE SERVICE IS ACCURATE, LEGALLY COMPLIANT, UP-TO-DATE, RELIABLE OR CORRECT, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
EZRA MAKES NO WARRANTY WITH RESPECT TO ANY EZRA HEALTH CARE SERVICES TO THE EXTENT EZRA IS RELIANT UPON, USING OR INCORPORATING ANY THIRD PARTY SERVICES, INCLUDING THE RESULTS OF THE IMAGINING SERVICES OR ANY OTHER PRODUCT MADE AVAILABLE BY A THIRD PARTY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, EXCEPT AS MAY BE EXPRESSLY PROVIDED HEREIN, EZRA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EZRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) ANYTHING OCCURRING AT AN IMAGING LOCATION OR ANY COMMUNICATION OR CONDUCT WITH ANY PERSON AT OR ASSOCIATED WITH AN IMAGING LOCATION, OR ANY THIRD PARTY SERVICES; (E) ANY SERVICES PROVIDED BY A REFERRED HEALTH CARE OR MEDICAL PROVIDER; OR (F) ANY OTHER MATTER RELATING TO THE SERVICE (EXCLUDING ANY EZRA HEALTH CARE SERVICES PROVIDED BY EZRA MEDICAL PROVIDERS). IN NO EVENT WILL EZRA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID EZRA IN THE LAST SIX (6) MONTHS (IF AT ALL), OR, IF GREATER, ONE HUNDRED POUNDS STERLING (£100 GBP).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
You agree that Ezra, in its sole discretion, may suspend, limit, condition or terminate your account, use of the Service or any feature or function thereof and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Ezra believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service may be referred to appropriate law enforcement authorities. Ezra may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that, except as may be explicitly set forth herein, any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that Ezra may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Ezra will not be liable to you or any third party for any termination of your access to the Service (except as may be explicitly set forth herein).
These Terms of Service constitute the entire agreement between you and Ezra and govern your use of the Service, superseding any prior agreements between you and Ezra with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of Englandƒ. The failure of Ezra to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any Law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Ezra, but Ezra may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
Please contact us to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service:
By e-mail: privacy-uk@ezra.com, with a subject line of “Website Question”
