IMPORTANT— THE WEBSITE, APPLICATION, SOFTWARE, SERVICES, AND THE CONTENT, DATA, AND INFORMATION AVAILABLE IN THE FOREGOING (“ONWARD PROPERTIES”) ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. IN THE EVENT OF AN EMERGENCY, PLEASE CALL 911.
ONWARD DOES NOT GUARANTEE ANY RESULTS. THE ONWARD PROPERTIES DO NOT CONSTITUTE MEDICAL ADVICE AND SHOULD NOT BE USED AS A SUBSTITUTE FOR THE ADVICE OF A MEDICAL PROVIDER. THE ONWARD PROPERTIES SHOULD NOT BE USED AS A THERAPEUTIC PRODUCT OR FOR DIAGNOSIS OR TREATMENT PURPOSES.
IF YOU ARE UNDER THE AGE OF 18, YOU MUST HAVE YOUR PARENT OR GUARDIAN READ THE AGREEMENT BELOW AND AGREE TO IT FOR YOU. IF YOU DON’T GET YOUR PARENT OR GUARDIAN TO READ AND AGREE TO THIS, YOU DON’T HAVE PERMISSION TO USE ONWARD'S WEBSITE, MOBILE APPLICATION, SOFTWARE, OR SERVICES. ALWAYS GET AN ADULT’S PERMISSION BEFORE GOING ONLINE.
YOU MUST BE 13 OR OLDER TO USE ONWARD’S WEBSITE, MOBILE APPLICATION, SOFTWARE, OR SERVICES.
THESE TERMS INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS, AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE MOST DISPUTES.
THESE TERMS LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
SUBJECT TO SECTION 15.1(h), PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY ONWARD IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Onward will make a new copy of the Terms available on the Website. We will also update the “Last Updated” date at the top of the Terms. If we make any material changes, and you have provided us with your e-mail address, we will also send an e-mail to you at the last e-mail address you provided to us. Any changes to the Terms will be effective immediately for new users and will be effective for existing users upon the earlier of thirty (30) days after posting of notice of such changes or thirty (30) days after dispatch of an e-mail notice of such changes. Onward may require you to provide consent to the updated Terms in a specified manner before further use of the Onward Properties is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Onward Properties. Otherwise, your continued use of the Onward Properties constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.
Open Source Application and Software may be offered under open source licenses. There may be provisions in the open source license that expressly override some of these Terms.
App Stores. You acknowledge and agree that the availability of the Application and the Services is dependent on the third party from whom you received the Application license, e.g., the Apple App Store or Google Play (“App Store”). You acknowledge that the Terms are between you and Onward and not with the App Store. Onward, not the App Store, is solely responsible for Onward Properties, including the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). To use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with Onward Properties, including the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using Onward Properties, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.
Accessing and Download the iOS Application. The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:
You acknowledge and agree that (i) the Terms are concluded between you and Onward only, and not Apple, and (ii) Onward, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Onward and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Onward.
You and Onward acknowledge that, as between Onward and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and Onward acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Onward and Apple, Onward, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.
You and Onward acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
Without limiting any other terms of the Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.