Effective Sept 1, 2023
Please read these Terms of Use (“Terms”) before using our website located at graphitehealth.io, including any content, functionality, products, and services offered on or obtained through such website (collectively, the “Site”). Your access to and use of the Site, certain features of the Site, and certain products services, or software available from us, may be subject to additional policies, rules, terms and conditions (which are either referred to below in these Terms, or which themselves refer to these Terms), all of which are incorporated by reference into these Terms. In these Terms, Graphite Health, Inc. is referred to as “Graphite,” “we,” “us” or “our.”
THESE TERMS SET FORTH THE LEGALLY BINDING AGREEMENT THAT GOVERNS YOUR ACCESS AND USE OF THE SITE. BY ACCESSING OR USING THE SITE, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT UNDERSTAND AND AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE.
THESE TERMS CONTAIN PROVISIONS GOVERNING HOW DISPUTES AND CLAIMS THAT GRAPHITE AND YOU HAVE AGAINST EACH OTHER ARE RESOLVED. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT THAT WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES AND CLAIMS BETWEEN YOU AND US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
1.1 Access. Subject to your compliance with these Terms, Graphite grants you a non-exclusive, non-transferable, revocable, limited license to access and use the Site solely for your own personal, noncommercial use. We may terminate this license at any time and for any reason.
1.2 Privacy. All information we collect on this Site is subject to our Privacy Policy. By accessing or using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
1.3 Certain Restrictions. The license granted to you in these Terms is subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.
1.4 Modification. Graphite may amend or modify, or impose new conditions, at any time and in our sole discretion. When we do so, we will reflect such changes or additions by an update of this posting. It is important that you check the “last revised” date at the beginning of these Terms when you access the Site so you can be sure you are aware of the most recent version of these Terms. Your continued access or use of the Site following the posting of changes to these Terms (including the Privacy Policy and other guidelines, terms or rules incorporated into these Terms) will mean you accept those changes and that such changes shall apply to your access and use of the Site after such changes have been posted. In addition, we reserve the right, at any time and in our sole discretion, to modify, suspend, or discontinue the Site (in whole or in part), with or without notice to you. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site.
1.5 No Support or Maintenance. You are responsible for making all arrangements necessary to have access to the Site, and for ensuring that all persons who access the Site through your internet connection are aware of these Terms and comply with them. You acknowledge and agree that we have no obligation to provide you with any support or maintenance in connection with the Site.
1.6 Ownership. The Site and its entire contents, features, and functionality (including all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Graphite (or, as applicable, our licensors or other providers of such material) and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Neither these Terms (nor your license to use the Site) transfers to you or to any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 1.1. Graphite (and our licensors and other providers, as applicable) reserves all rights not expressly granted in these Terms. There are no implied licenses or other rights granted under these Terms by implication, estoppel or otherwise.
2.1 Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
(a) You agree not to use the Site in any manner (including to collect, upload, transmit, display, or distribute any content) that (i) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) is harmful to minors; (iv) suggests or implies it is provided, sponsored or endorsed by Graphite; or (v) violates any law, regulation, or obligations or restrictions imposed by any third party.
(b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software or other code that manifests contaminating or destructive properties or is intended to damage, prevent access to or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (iv) harass or interfere with any other user’s use and enjoyment of the Site; (iv) gain or attempt to gain unauthorized access to any portion or feature of this Site, or any other systems or networks connected to this Site or to any of our servers, or to any of the services offered on or through this Site, by hacking, password “mining” or any other illegitimate means; (v) probe, scan or test the vulnerability of this Site or any network connected to this Site, nor breach the security or authentication measures on this Site or any network connected to this Site; (vi) use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any transaction being conducted on this Site, or with any other person’s use of this Site; or (vii) use this Site or any of its content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes our rights or the rights of others. Subject to your compliance with the other provisions of these Terms, you may “scrape”, “crawl”, use an automatic device, program, algorithm or methodology, or any equivalent manual process, to access, acquire, query, copy or monitor any publicly available content of this Site, provided that you maintain all copyright and other notices contained therein and do not modify, create derivative or other new works from this Site and its content. You are not permitted to use any such robot, spider or other automatic or manual device, program, algorithm, methodology, or process in any manner that would violate our or any other person’s copyright and similar intellectual property rights or facilitate harmful activities (such as denial of service attacks, competitive data mining, online fraud, account hijacking, data theft, unauthorized vulnerability scans, overburdening our servers, spam and digital ad fraud). You are not permitted to reproduce or circumvent the navigational structure or presentation of this Site, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through this Site (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
2.2 Enforcement. We reserve the right (but have no obligation) to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms, or if you otherwise create liability for us or any other person. Such action may include terminating your access and/or reporting you to law enforcement authorities.
2.3 Feedback. If you provide us with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to us all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback and related information in any manner we deem appropriate and without payment, attribution or other obligation to you. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.
3.1 Use. In order to use certain features of the Site, you may be required to create login credentials or provide certain information about yourself. You represent and warrant that the information you submit is truthful and accurate, and you agree to maintain the accuracy of such information. You may delete your information at any time, for any reason, by following the instructions on the Site. Graphite may suspend or terminate your access to the Site in accordance with Section 8.
3.2 Responsibilities. You are responsible for maintaining the confidentiality of your login information and are fully responsible for all activities that occur under your login. You agree to immediately notify Graphite of any unauthorized use, or suspected unauthorized use of your login or any other breach of security. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. Graphite cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
You agree to indemnify and hold Graphite (and its officers, employees, agents, licensors and suppliers) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, or (c) your violation of applicable laws or regulations. Graphite reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Graphite. Graphite will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
5.1 Third-Party Materials. The Site may contain links to third-party websites, products and services (collectively, “Third-Party Materials”). Such Third-Party Materials are not under our control, and we are not responsible for any Third-Party Materials. We provide access to these Third-Party Materials only as a convenience to you, and we do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Materials. You use all Third-Party Materials at your own risk and should apply a suitable level of caution and discretion in doing so. When you access any of the Third-Party Materials, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Materials.
THE SITE IS PROVIDED "AS IS" AND “AS AVAILABLE,” AND GRAPHITE HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. GRAPHITE SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, GRAPHITE MAKES NO WARRANTY OF ANY KIND THAT THE SITE, ITS CONTENT, AND ANY OTHER TECHNOLOGY AND SERVICES AVAILABLE THROUGH THE SITE, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET YOUR OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR-FREE.
ALL THIRD-PARTY MATERIALS (INCLUDING THIRD-PARTY MATERIALS) ARE PROVIDED "AS IS" AND “AS AVAILABLE” AND GRAPHITE MAKES NO REPRESENTATION OR WARRANTY (EXPRESS OR IMPLIED) CONCERNING ANY THIRD-PARTY MATERIALS. THE TERMS OF USE AND ANY WARRANTIES AND OTHER RIGHTS AND OBLIGATIONS CONCERNING THIRD PARTY MATERIALS IS STRICTLY BETWEEN YOU AND THE THIRD-PARTY OWNER OR DISTRIBUTOR OF THE THIRD-PARTY MATERIALS.
GRAPHITE IS A TECHNOLOGY COMPANY AND DOES NOT PROVIDE HEALTH CARE DIAGNOSIS, TREATMENT OR ADVICE. OUR SITE IS FOR INFORMATIONAL PURPOSES ONLY, AND IS NOT A SUBSTITUTE FOR INDEPENDENT ADVICE, DIAGNOSIS OR TREATMENT FROM A QUALIFIED HEALTH CARE PROFESSIONAL. GRAPHITE IS NOT RESPONSIBLE NOR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT ANY PERSON OBTAINS THROUGH THE SITE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GRAPHITE (OR OUR LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST OPPORTUNITIES, LOST PROFITS, LOST DATA, COSTS TO PROCURE SUBSTITUTE TECHNOLOGY SERVICES OR PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF GRAPHITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY OTHER TECHNOLOGY AND SERVICES AVAILABLE THROUGH THE SITE, OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, GRAPHITE’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS AND YOUR USE OF THE SITE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR LICENSORS AND SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS OR THE SITE.
The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
These Terms (as amended from time to time) will remain in full force and effect while you access or use the Site. We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your right to access and use the Site will terminate immediately. You understand that any termination of your access may involve deletion of information associated with your login from our live databases. Graphite will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your access or deletion of your information. Even after your rights under these Terms are terminated, provisions of these Terms that by their nature extend beyond termination in order to carry out their purpose will remain in effect.
Graphite respects the intellectual property of others and asks that users of our Site do the same. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Site who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement. A service provider is required to supply its full legal name, physical street address (not a post office box), any alternate names used by the service provider, and the name, organization, physical mail address (street address or post office box), telephone number, and email address of its designated agent.
The designated Copyright Agent for Graphite is: General Counsel, Graphite Health, Inc.
Designated Agent: Jennifer Brown
Address of Agent: 7601 Jefferson Street NE, Suite 380, Albuquerque, NM 87109
Telephone: 214-733-2114
Email: compliance@graphitehealth.io
Our Privacy Policy is available at https://graphitehealth.io/privacy. By accessing and using this Site, you consent to the provisions of the Privacy Policy.
Please read this Section 11 (referred to as the “Arbitration Agreement”) carefully. It is part of your contract with Graphite and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
11.1 Agreement to Arbitrate. All claims and disputes (excluding claims for injunctive or other equitable relief, and disputes relating to the enforcement or validity of any person’s intellectual property rights, as set forth below) in connection with these Terms or the use of the Site that cannot be resolved informally shall be resolved by binding arbitration. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms in the same way a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review. The arbitration will be conducted by the American Arbitration Association (“AAA”), before one neutral arbitrator. This Arbitration Agreement applies to you and Graphite, and to your and our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, and to all authorized or unauthorized users or beneficiaries of the Site. If our additional policies, rules, terms and conditions are silent on dispute resolution, then this Arbitration Agreement shall apply; however, if any such additional policy, rule, terms and conditions expressly provides for litigation of disputes and claims (without also requiring arbitration) then the provisions of that policy, rule, terms and conditions will govern.
11.2 Notice Requirement. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Graphite should be sent to: Graphite Health, Inc., 7601 Jefferson NE, Suite 380, Albuquerque, NM, 87109, USA, Attention: General Counsel. If Graphite and you are not able to resolve the claim or dispute informally within sixty (60) days after the Notice is received, either Graphite or you may begin an arbitration proceeding. During that 60-day period, all applicable statutes of limitation, contractual limitations periods, and other defenses based upon the passage of time shall be tolled.
11.3 Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. Disputes involving claims, counterclaims, or request for relief under $50,000 shall be subject to the AAA’s Expedited Procedures and all other disputes shall be subject to the AAA’s Commercial Arbitration Rules (in each case as such procedures and rules are then in effect). The AAA’s website is https://adr.org and its phone number is 800-778-7879. The Expedited Procedures and Commercial Arbitration Rules are both available at https://adr.org/sites/default/files/Commercial%20Rules.pdf or by calling the AAA. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the AAA. You may choose to have the arbitration conducted by telephone or video conference, based on written submissions, or in person in the AAA office closest to your primary location or at another mutually agreed location. To the extent of any conflict between this Arbitration Agreement and the AAA rules, this Arbitration Agreement will control.
11.4 Authority of Arbitrator. The arbitrator shall have exclusive authority to (i) determine the scope and enforceability of this Arbitration Agreement and (ii) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including any assertion that all or any part of this Arbitration Agreement is void or voidable; provided, however, that only a court (and not an arbitrator) has authority to rule on whether Section 11.5 is valid and enforceable. The arbitrator’s decision will be final except for a limited right of review under applicable law, and judgment on the arbitrator’s decision may be entered in any court of competent jurisdiction. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have.
11.5 No Class or Other Non-Individualized Relief. The arbitrator has no authority to hear, render any judgment or award, or order any relief, with respect to any class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where a person acts in a representative capacity on behalf of you or another person. No individual arbitration proceeding can be combined with any other proceedings without the consent of all parties. The arbitrator may award monetary damages, declaratory or equitable relief only to you individually to satisfy your individual claim.
11.6 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: Graphite Health, Inc., 7601 Jefferson NE, Suite 380, Albuquerque, NM, 87109, USA, Attention: General Counsel, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Graphite username (if any), the email address you used to set up your Graphite login (if any), and an unequivocal statement that you want to opt out of this Arbitration Agreement. You may also opt out by giving us written notice and following the same notice procedure if we make any future material change to this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you.
11.7 Litigation; Consent to Jurisdiction. Graphite and you will litigate in court and not be subject to arbitration (a) if a court rules that the limitations in Section 11.5 as to a given dispute, claim, or request for relief are not legal or enforceable, or (b) if you elect to opt out of arbitration by complying with Section 11.6. If either (a) or (b) occur, then Sections 11.1 to 11.5 of these Terms shall be null and void (but the other provisions of these Terms remain in effect). In that event, instead of arbitration, the dispute, claim or request for relief shall be subject to the exclusive jurisdiction of the State or Federal Courts located in the State of Delaware, and both you and Graphite consent to the jurisdiction of such courts and waive any objection based on venue or inconvenient forum.
11.8 Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM GRAPHITE OR YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
12. GENERAL PROVISIONS
12.1 Export. The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Graphite, or any products utilizing such data, in violation of the United States export laws or regulations.
12.2 Disclosures. Graphite is located at the address listed in Section 12.7. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
12.3 Electronic Communications. When you visit or use the Site, use services provided on or through the Site or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email, by posting notices on the Site, or by posting updated content on the Site. You agree that all agreements, updates, amendments, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. The foregoing does not affect your non-waivable rights.
12.4 Entire Terms. These Terms constitute the entire agreement between you and Graphite regarding the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” (or its variants) will be deemed to be followed by “without limitation.” If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Graphite is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Graphite’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Graphite may freely assign these Terms. These Terms shall be binding upon successors and permitted assignees.
12.5 Copyright/Trademark Information. Copyright © 2023 Graphite Health, LLC. All rights reserved. All trademarks, logos, service marks and other brand features (“Marks”) displayed on the Site are Graphite’s property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of the third party that may own the Marks.
12.6 Geographic Restrictions. The owner of the Site is based in the State of New Mexico in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
12.7 Contact Information. You may contact us with questions about this Site at the following address:
Graphite Health, Inc.
7601 Jefferson NE, Suite 380
Albuquerque, NM, 87109, USA
Attention: General Counsel
Email: compliance@graphitehealth.io