This Terms of Use Agreement (“Terms of Use”) governs your use of the www.Dionysushealth.com website, our mobile application (the “Application”), and any services, content and resources available or enabled via our website or Application (collectively, the “Platform”). Dionysus Digital Health, Inc. (“Dionysus”, “we”, “us”, “our”) provides an artificial intelligence driven Platform that empowers users to analyze and share their psychological gender profile, mental health status, and anxiety and stress levels with their trusted networks and designated individuals and groups. While Dionysus is committed to providing you with helpful information and meaningful resources that assist you in maintaining your own and others’ mental health, the Platform and all information posted on it is provided for informational purposes only and should not under any circumstances be treated as, or as a substitute for, professional medical advice, diagnosis or treatment.

Your use of the Platform may be subject to any additional terms, conditions and policies that we separately post on the Platform and any agreements that you have separately executed with Dionysus (“Supplemental Terms”) which are incorporated by reference into these Terms of Use, (together, the “Agreement”). To the extent there is any conflict between these Terms of Use and the Supplemental Terms, the Supplemental Terms will control with respect to the subject matter of such agreement.

THIS AGREEMENT GOVERNS YOUR USE OF THE PLATFORM AND APPLIES TO ALL USERS VISITING THE PLATFORM.  PLEASE READ THE AGREEMENT CAREFULLY.  BY CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, AND/OR DOWNLOADING OUR APPLICATION, OR BROWSING THE PLATFORM, YOU REPRESENT THAT: (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF THE AGREEMENT; (2) you are not a person barred from using the Platform under the laws of the United States, your place of residence or any other applicable jurisdiction; (3) YOU ARE SIXTEEN (16) YEARS OF AGE OR OLDER; (4) YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT (ON BEHALF OF YOURSELF OR, AS APPLICABLE, THE ENTITY THAT YOU REPRESENT); AND (5) If you are under 18 years old (or under the age of majority where you live), you have reviewed THE AGREEMENT with your parent or legal guardian and he or she agrees to THE TERMS OF THIS AGREEMENT on your behalf and takes full responsibility for your compliance with THE AGREEMENT. If you are under 18 years of age (or under the age of majority where you live), you understand that you cannot later void the Agreement with Dionysus as a minor without losing access to your Account (as defined in Section 3.1), and, as applicable the Platform, and your parents are responsible for your actions and any obligations you have incurred while enjoying the benefits of access to the features and functions of the Platform as if you were an adult. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU ACCESS OR USE THE PLATFORM. IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT, YOU MAY NOT ACCESS OR USE THE PLATFORM.

PLEASE BE AWARE THAT SECTION 15 (DISPUTE RESOLUTION) OF THIS TERMS OF USE CONTAINS PROVISIONS GOVERNING HOW DISPUTES THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY DISPUTES THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN 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.

PLEASE BE AWARE THAT SECTION 2.5 (DIONYSUS COMMUNICATIONS) OF THIS AGREEMENT, BELOW, CONTAINS YOUR OPT-IN CONSENT TO RECEIVE COMMUNICATIONS FROM US, INCLUDING VIA E-MAIL, TEXT MESSAGE, CALLS AND PUSH NOTIFICATION.

1. NOTICE OF CHANGES TO THE AGREEMENT. Please note that this Agreement is subject to change by Dionysus in its sole discretion at any time.  When changes are made, Dionysus will make a new copy of the Agreement available on the Platform and update the “Last Updated Date” at the top of the Agreement.  If we make any material changes, and you have registered with us to create an Account (as defined in Section 3.1 (Registering Your Account) below) we will also send an e-mail to you at the last e-mail address you provided to us pursuant to this Agreement.  Any changes to this Agreement will be effective immediately for new users of the Platform and will be effective thirty (30) days after posting notice of such changes on the Platform for existing Registered Users.  If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Platform and terminate your Account with us.  Otherwise, your continued use of the Platform constitutes your acceptance of such change(s).  PLEASE REGULARLY CHECK THE PLATFORM TO VIEW THE THEN-CURRENT TERMS.
2. USE OF THE PLATFORM.
   • 2.1 Limited License. The Platform, and the information and content available on the Platform, are protected by copyright laws throughout the world. Subject to the terms of this Agreement, Dionysus grants you a limited license to use and access the Platform and reproduce information obtained from the Platform solely for the purpose of using the Platform for your personal use and in no circumstances for any commercial purpose.  Dionysus, its suppliers and service providers reserve all rights not granted in this Agreement.
   • 2.2 Application License. Subject to your compliance with this Agreement, Dionysus grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on a single mobile device or computer that you own or control and to run such copy of the Application solely for your own personal use. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application: (a) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system); and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Notwithstanding the first sentence in this section, with respect to any Application accessed through or downloaded from the Google Play store (a “Google Play Sourced Application”), you may have additional license rights with respect to use of the Application on a shared basis within your designated family group.
   • 2.3 Updates. You understand that the Platform is constantly evolving.   You acknowledge and agree that Dionysus may update the Platform with or without notifying you.  Any future release, update or other addition to the Platform shall be subject to this Agreement.  You may need to update third-party software from time to time in order to use the Platform.
   • 2.3 Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Platform or any portion of it; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other properties owned or licensed by Dionysus (including images, text, page layout or form); (c) you shall not use any metatags or other “hidden text” using Dionysus’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Platform except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Platform (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Platform 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); (f) you shall not introduce viruses, worms, Trojan horses, malware, or similar harmful code into the Platform, or interfere or attempt to interfere with use of the Platform by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; (g) except as expressly stated herein, no part of the Platform or any information contained therein may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (h) impose an unreasonably or disproportionately large load on the Platform or otherwise interfere with or inhibit any other user of this Platform from using or enjoying the Platform; and (i) you shall not remove, alter, obscure or destroy any copyright notices or other proprietary markings contained on or in the Platform.  Dionysus may terminate the licenses granted hereunder and this Agreement immediately if you breach any part of this Section or commit any other unauthorized use of the Platform.
   • 2.5 Dionysus Communications.
     • (a) Generally. By entering into this Agreement, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems.  Communications from us and our affiliated companies may include but are not limited to: (i) operational communications concerning your Account or the use of the Platform, such as to notify you of changes or updates concerning new and existing features of the Platform; (ii) communications informing you of your psychological gender profile, and suggesting user groups, communities, and support groups that may be of interest to you based upon your expressed interests; (iii) communications to manage your participation in events; (iv) communications to connect you with resources for mental health support, and psychological gender support, such as referrals to doctors or other professionals; and (iv) communications concerning promotions run by us or our third-party partners, and news concerning Dionysus and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages that we send. IF YOU WISH TO OPT OUT OF ALL TEXTS OR CALLS FROM US (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS OR CALLS), YOU MAY OPT OUT OF RECEIVING SUCH COMMUNICATIONS BY FOLLOWING THE UNSUBSCRIBE OPTIONS WE PROVIDE TO YOU. YOU MAY ALSO OPT-OUT OF TEXT MESSAGES FROM US BY TEXTING THE WORD “STOP” FROM THE MOBILE DEVICE RECEIVING THE MESSAGES.  HOWEVER, YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF THE PLATFORM OR RELATED SERVICES.
     • (b) Promotional Emails. We may send marketing or promotional email messages to you. If we send marketing or promotional emails, you will have the ability to opt out of receiving such communications by following the instructions in this section.  IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL EMAILS AS A CONDITION OF USING THE PLATFORM OR RELATED SERVICES.
     • (c) Promotional SMS and/or Text Messages. You may have the option to provide us with your contact information and sign up for an SMS messaging service (a “SMS Messaging Service”) on Platform. When you opt-in to an SMS Messaging Service, you may consent to receive texts (including marketing texts) from us at the mobile number you’ve provided at opt-in, including, but not limited to: communications concerning new and existing features of our Services, and communications concerning promotions run by us or our Partners. If you opt in to one of our SMS Messaging Services, we will send you an SMS message to confirm your sign up. You can cancel the SMS Messaging Service at any time. Just text “STOP” to the telephone number or short code we used to contact you We may change any short code or telephone number we use to operate our SMS service at any time. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, YOU MAY TEXT “END” TO THE TELEPHONE OR SHORT CODE WE USED TO CONTACT YOU. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE DIONYSUS PROPERTIES OR RELATED SERVICES.

3. REGISTRATION.
   • 3.1 Registering Your Account. In order to access certain features of the Platform you may be required to become a Registered User.  For purposes of this Agreement, a “Registered User” is a user who has registered an account on the Platform (“Account”).
   • 3.2 Social Networking Site. If you access the Platform through a social network service such as Twitter or Apple (“SNS”) as part of the functionality of the Platform, you may link your Account with a SNS, by allowing us to access your SNS, as is permitted under the applicable terms and conditions that govern your use of each SNS. You represent that you are entitled to grant Dionysus access to your SNS account (including, for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable SNS. By granting us access to any SNS accounts, you understand that we may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the Platform that you have provided to and stored in your SNS account (“SNS Content”) so that it is available on and through the Platform. Unless otherwise specified in this Agreement, all SNS Content shall be considered to be User Content (as defined below). Depending on the SNS account you choose and subject to the privacy settings that you have set in such SNS account, personally identifiable information that you post to your SNS account may be available on and through the Platform. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY SNS ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND DIONYSUS DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS.  Dionysus is not responsible for any SNS Content, including but not limited to, accuracy or legality of, or infringement by, the SNS Content.
   • 3.3 Registration Data. In registering an account on the Platform, you agree to: (a) provide true, accurate, current and complete information as prompted by the registration form (the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.  You are responsible for all activities that occur under your Account.  You agree that you shall monitor your Account to restrict use by unauthorized minors, and you will accept full responsibility for any unauthorized use of the Platform.  You may not share your Account or password with anyone, and you agree to: (y) notify Dionysus immediately of any unauthorized use of your password or any other breach of security; and (z) exit from your Account at the end of each session.  If you provide any information that is untrue, inaccurate, not current or incomplete, or Dionysus has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, Dionysus has the right to suspend or terminate your Account and refuse any and all current or future use of the Platform (or any portion thereof).  You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself.  You agree that you shall not have more than one Account at any given time.  Dionysus reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights.  You agree not to create an Account or use the Platform if you have been previously removed by Dionysus, or if you have been previously banned from any Dionysus product or service.
4. RESPONSIBILITY FOR CONTENT.
   • 4.1 Types of Content. You acknowledge that all data, information, text, images or other materials (“Content”) is the sole responsibility of the party from whom such Content originated.  This means that you, and not Dionysus, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available through the Platform (“Your Content”), and that you and other Registered Users of the Platform, and not Dionysus, are similarly responsible for all Content that you and they make available through the Platform (“User Content”).
   • 4.2 No Obligation to Pre-Screen Content. You acknowledge that Dionysus has no obligation to pre-screen Your Content or User Content, although Dionysus reserves the right in its sole discretion to do so and to refuse or remove any Content.  By entering into this Agreement, you hereby provide your irrevocable consent to such monitoring.  You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications.  In the event that Dionysus pre-screens, refuses or removes any Content, you acknowledge that Dionysus will do so for Dionysus’s benefit, not yours.  Without limiting the foregoing, Dionysus shall have the right, in its sole discretion, to remove any Content that violates this Agreement, any applicable law, or is otherwise objectionable.
   • 4.3 Disclosure of Content. Dionysus is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Platform, including Your Content, in Dionysus’s possession in connection with your use of the Platform, to: (a) comply with applicable laws, legal process or governmental request; (b) enforce this Agreement; (c) respond to any claims that Your Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Dionysus, its Registered Users or the public, and all enforcement or other government officials, as Dionysus in its sole discretion believes to be necessary or appropriate.
   • 4.4 Storage Unless expressly agreed to by Dionysus in writing elsewhere, Dionysus has no obligation to store any of Your Content that you make available on the Platform.  Dionysus has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Platform.  Certain features may enable you to specify the level at which the Platform restricts access to Your Content.  You are solely responsible for applying the appropriate level of access to Your Content.  If you do not choose, the system may default to its most permissive setting.  You agree that Dionysus retains the right to create reasonable limits on Dionysus’s use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described on the Platform and as otherwise determined by Dionysus in its sole discretion.
5. OWNERSHIP
   • 5.1 The Platform. Except with respect to Your Content and User Content, you agree that Dionysus and its suppliers own all rights, title and interest in the Platform (including but not limited to, any computer code, themes, objects, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, documentation, and software).
   • 5.2 Trademarks Dionysus will own and retain all right, title and interest in its trademarks, graphics, logos, service marks, trade names and other brand elements (collectively, “Trademarks”) used on or in connection with the Platform. Such Trademarks may not be used without permission, including in connection with your or any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Platform are the property of their respective owners.
   • 5.3 Your Content. Dionysus does not claim ownership of Your Content.  However, when you as a Registered User post or publish Your Content on or in the Platform, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.
   • 5.4 Accuracy of Your Content. You expressly acknowledge and understand the importance of submitting only truthful, accurate and detailed information into the Platform, for your own benefit and for the benefit of other users of the Platform.  If you do not feel comfortable sharing information, you agree that you will choose not to share such information and will not provide false information as an alternative.
   • 5.5 License to Your Content. You grant Dionysus a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Your Content (in whole, part or in aggregated form) for the purposes of operating and providing the Platform to you and to our other Registered Users, and for our own research, analysis and publication purposes.  Please remember that other Registered Users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of the Platform.  You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.  You agree that you, not Dionysus, are responsible for all of Your Content that you make available on or in the Platform.
   • 5.6 Username. Notwithstanding anything contained herein to the contrary, by submitting Your Content to any forums, comments, or any other area on the Platform, you hereby expressly permit Dionysus to identify you by your username (which may be a pseudonym) as the contributor of Your Content in any publication in any form, media or technology now known or later developed in connection with Your Content.
   • 5.7 Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Dionysus through its suggestion, feedback, wiki, forum, or similar pages (“Feedback”) is at your own risk and that Dionysus has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback.  You represent and warrant that you have all rights necessary to submit the Feedback.  You hereby grant to Dionysus a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Platform and/or Dionysus’s business.
6. USER CONDUCT.
   • 6.1 Platform Use. As a condition of use, you agree not to use the Platform for any purpose that is prohibited by this Agreement or by applicable law. You shall not (and shall not permit any third party) to either: (a) take any action; or (b) make available any Content on or through the Platform that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, hateful or profane, or is invasive of another’s privacy or publicity rights, or that otherwise violates or infringes in any way upon the rights of others; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities, solicitations, and/or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes without Dionysus’s prior written consent; (v) impersonates any person or entity, including any employee or representative of Dionysus; or (vi) interferes with or attempt to interfere with the proper functioning of the Platform or uses the Platform in any way not expressly permitted by this Agreement. You agree that any Content posted by you in your profile shall not contain nudity, violence, sexually explicit, or offensive subject matter as determined by Dionysus in its sole discretion and you shall not post or submit a photograph of another person without that person’s permission. You further agree that you will not use the Platform to engage in the practice of medicine.
   • 6.2 Other Users. You are solely responsible for your interactions with other users (including Registered Users) and any other parties with whom you interact; provided, however, that Dionysus reserves the right, but has no obligation, to intercede in such disputes. You agree that Dionysus will not be responsible for any liability incurred as the result of such interactions. The Platform may contain User Content provided by other Registered Users.  Dionysus is not responsible for and does not control User Content.  Dionysus has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to, User Content.  You use all User Content and interact with other Registered Users at your own risk.
7. INVESTIGATIONS. If Dionysus becomes aware of any possible violations by you of any provision of this Agreement, Dionysus reserves the right to investigate such violations, and Dionysus may, at its sole discretion, immediately terminate your license to use the Platform, or change, alter or remove Your Content, in whole or in part, without prior notice to you.
8. FEES.
9. INDEMNIFICATION. You agree to indemnify and hold Dionysus, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a “Dionysus Party” and collectively, the “Dionysus Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (a) Your Content; (b) your use of, or inability to use, the Platform; (c) your violation of this Agreement; (d) your violation of any rights of another party, including any Registered Users; or (e) your violation of any applicable laws, rules or regulations.  Dionysus reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Dionysus in asserting any available defenses.  This provision does not require you to indemnify any of the Dionysus Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Platform or any services provided hereunder.  You agree that the provisions in this section will survive any termination of your Account, this Agreement and/or your access to the Platform.
10. DISCLAIMER OF WARRANTIES AND CONDITIONS.
    • 10.1 NO MEDICAL ADVICE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PLATFORM, AND ALL CONTENT POSTED ON THE PLATFORM, IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE PLATFORM IS NOT INTENDED, AND UNDER NO CIRCUMSTANCES MAY YOU TREAT IT, AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT NOR DOES YOUR USE OF THE PLATFORM CREATE ANY DOCTOR-PATIENT RELATIONSHIP. NEITHER DIONYSUS NOR THE PLATFORM OR ANY OF THE CONTENT POSTED ON THE PLATFORM REPRESENTS OR WARRANTS THAT ANY PARTICULAR TEST, CLINICIAN, MEDICATION, PRODUCT, PROCEDURE, OR TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU. DIONYSUS DOES NOT ENDORSE ANY SPECIFIC TEST, CLINICIAN, MEDICATION, PRODUCT, PROCEDURE, OR TREATMENT.  YOU ACKNOWLEDGE THAT YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING YOUR OR ANY THIRD PARTY’S MEDICAL CONDITION. YOU AGREE THAT YOU MAY NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING OR FAIL TO SEEK IT BECAUSE OF SOMETHING YOU HAVE READ ON THE PLATFORM.  DO NOT USE THIS PLATFORM FOR MEDICAL EMERGENCIES. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.  IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING TAKING ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS OR IF YOU FEEL THAT YOU OR ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER AND NOTIFY THE RELEVANT AUTHORITIES. [THE DIONYSUS PLATFORM DISPLAYS THE SUICIDE HOTLINE IN SEVERAL PROMINENT LOCATIONS FOR WHICH WE IMPLORE ALL USERS OF THIS PLATFORM TO USE WHEN FACED WITH AN IMMEDIATE OR EMERGENT CRISIS].
    • 10.2 As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE PLATFORM AND ANY INFORMATION THEREFROM IS AT YOUR SOLE RISK, AND THE PLATFORM AND ALL INFORMATION CONTAINED THEREON IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. DIONYSUS MAKES NO WARRANTY THAT ANY CONTENT PROVIDED ON THE PLATFORM WILL BE ACCURATE, OR ACCURATELY DESCRIBE YOUR OR A THIRD PARTY’S REQUIRED TREATMENT OR APPROPRIATE INTERVENTIONS. DIONYSUS PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE PLATFORM. THE PLATFORM MAY  NOT BE ABLE TO IMPROVE YOUR OVERALL WELLBEING IN ALL INSTANCES, AND MAY NOT BE ABLE TO IDENTIFY AND/OR PREVENT ALL INSTANCES OF HARM (INCLUDING SUICIDE).
      • (a) DIONYSUS PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE PLATFORM WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE.
      • (b) THE PLATFORM MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. DIONYSUS MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO THE PLATFORM, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF THE PLATFORM OR ITS INFORMATION.
    • 10.3 No Liability for Conduct of Other Users. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM. YOU UNDERSTAND THAT DIONYSUS DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE PLATFORM.  DIONYSUS MAKES NO WARRANTY THAT OTHER USERS OF THE PLATFORM, INCLUDING USERS THAT MAY BE OR REPRESENT THEMSELVES TO BE MEDICAL PROFESSIONALS, WILL PROVIDE ACCURATE INFORMATION, OR THAT ANY SERVICES PROVIDED BY THIRD PARTIES (INCLUDING ANY TREATMENT PROVIDERS) REFERRED TO ON THE PLATFORM WILL MEET YOUR SPECIFIC REQUIREMENTS OR BE APPROPRIATELY PERFORMED.  YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT TREAT THE INFORMATION PROVIDED BY OTHER USERS, INCLUDING USERS THAT MAY BE OR REPRESENT THEMSELVES TO BE MEDICAL PROFESSIONALS, AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE.  DIONYSUS MAKES NO WARRANTY REGARDING THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY USER CONTENT OBTAINED THROUGH THE PLATFORM OR THE QUALITY OF ANY THIRD PARTY SERVICES REFERRED TO ON THE PLATFORM.
11. LIMITATION OF LIABILITY.
    • 11.1 Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL DIONYSUS PARTIES BE LIABLE FOR ANY LOSS OF DATA, LOSS OF YOUR CONTENT, OR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, IN EACH CASE WHETHER OR NOT DIONYSUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE PLATFORM, ON ANY THEORY OF LIABILITY, RESULTING FROM: (A) THE USE OF, OR INABILITY TO USE, THE PLATFORM; (B) UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR TRANSMISSIONS OR DATA; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PLATFORM; OR (D) ANY OTHER MATTER RELATED TO THE PLATFORM, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.  THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY OF A DIONYSUS PARTY FOR: (X) DEATH OR PERSONAL INJURY CAUSED BY A DIONYSUS PARTY’S NEGLIGENCE; OR FOR (Y) ANY INJURY CAUSED BY A DIONYSUS PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
    • 11.2 Cap on Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, DIONYSUS PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF: (A) $100; or (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES.  THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A DIONYSUS PARTY FOR: (X) DEATH OR PERSONAL INJURY CAUSED BY A DIONYSUS PARTY’S NEGLIGENCE; OR FOR (Y) ANY INJURY CAUSED BY A DIONYSUS PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
    • 11.3 Basis of the Bargain. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DIONYSUS AND YOU.
12. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. It is Dionysus’s policy to terminate membership privileges of any Registered User who repeatedly infringes copyright upon prompt notification to Dionysus by the copyright owner or the copyright owner’s legal agent.  Without limiting the foregoing, if you believe that your work has been copied and posted on the Platform in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on the Platform of the material that you claim is infringing; (d) your address, telephone number and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.  Contact information for Dionysus’s Copyright Agent for notice of claims of copyright infringement is as follows: Andrea Cubitt, acubitt@dionysushealth.com
13. TERM AND TERMINATION.
    • 13.1 This Agreement commences on the date when you accept the Terms of Use (as described in the preamble above) and remains in full force and effect while you use the Platform or maintain an Account, unless terminated earlier in accordance with this Agreement.
    • 13.2 Termination by Dionysus. If you have materially breached any provision of this Agreement or if Dionysus is required to do so by law (e.g., where the provision of the Platform is, or becomes, unlawful), Dionysus has the right to, immediately and without notice, suspend or terminate your access to the Platform. You agree that all terminations for cause shall be made in Dionysus’s sole discretion and that Dionysus shall not be liable to you or any third party for any termination of your Account.
    • 13.3 Termination by You. If you want to terminate this Agreement, your Account or your access to the Platform, you may do so by: (a) notifying Dionysus at any time; and (b) closing your Account. Your notice should be sent, in writing, to Dionysus’s address set forth in Section 6 (Notice) below.
    • 13.4 Effect of Termination. Termination of your Account includes removal of access to the Platform and barring of further use of the Platform and also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content.  Upon termination of your Account, your right to use the Platform will automatically terminate. You understand that any termination of your Account may involve deletion of Your Content associated therewith from our live databases.  All provisions of this Agreement which by their nature should survive, shall survive termination of your Account, including without limitation, ownership provisions, warranty disclaimers, and the limitation of liability.
14. INTERNATIONAL USERS The Platform can be accessed from countries around the world and may contain references to services and Content that are not available in your country.  These references do not imply that Dionysus intends to announce such services or Content in your country.  The Platform is controlled and offered by Dionysus from its facilities in the United States of America. Dionysus makes no representations that the Platform is appropriate or available for use in other locations.  Those who access or use the Platform from other countries do so at their own volition and are responsible for compliance with local law.
15. DISPUTE RESOLUTION. Please read the following arbitration agreement in this section (“Arbitration Agreement”) carefully.  It requires you to arbitrate disputes with Dionysus and limits the manner in which you can seek relief from us.
    • 15.1 Applicability of Arbitration Agreement. You agree that any dispute, claim, or request for relief relating in any way to your access or use of the Platform, or to any aspect of your relationship with Dionysus, will be resolved by binding arbitration, rather than in court, except that (a) you may assert claims or seek relief in small claims court if your claims qualify, and (b) you or Dionysus may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the effective date of your agreement with us or any prior agreement between us.
    • 15.2 Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.  To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your dispute or claim or request for relief to our registered agent Corporation Service Company, 251 Little Falls Drive, City of Wilmington, County of New Castle, 19808.  The arbitration will be conducted by JAMS, an established alternative dispute resolution provider.  Disputes involving claims, counterclaims, or request for relief under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/.  JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267.  If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum.  If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Dionysus will pay them for you.  In addition, Dionysus will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for disputes, claims, or requests for relief totaling less than $10,000 unless the arbitrator determines the claims are frivolous.You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location.  Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction
    • 15.3 Authority of Arbitrator.  The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Dionysus.  The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties.  The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms of Use (including the Arbitration Agreement). 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.  The award of the arbitrator is final and binding upon you and us.
    • 15.4 Waiver of Jury Trial.  YOU AND DIONYSUS HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Dionysus are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 1 (Application of Arbitration Agreement) above.  An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Arbitration Agreement as 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.
    • 15.5 Waiver of Class or Other Non-Individualized Relief.  ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this section’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in the State of California.  All other disputes, claims, or requests for relief shall be arbitrated.
    • 15.6 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:support@Dionysushealth.com, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Dionysus username (if any), the email address you used to set up your Dionysus account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement.  If you opt out of this Arbitration Agreement, all other parts of the Agreement will continue to apply to you.  Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
    • 15.7 Other Arbitration Agreement Terms. (a) Except as provided in Section 5 (Waiver of Class or Other Non-Individualized Relief), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. (b) This Arbitration Agreement will survive the termination of your relationship with Dionysus. (c) Notwithstanding any provision in this Agreement to the contrary, we agree that if Dionysus makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing Dionysus at the following address: 12615 Rue Sienne Nord, San Diego CA 92131 or the following email address: support@Dionysushealth.com.

16. THIRD-PARTY SERVICES. The Platform may contain links to third-party websites, and applications for third parties, or otherwise refer to third-party services (collectively, the “Third-Party Services”).  When you click on a link to a Third-Party Service, we will not warn you that you have left the Platform and are subject to the terms and conditions (including privacy policies) of such Third-Party Services.  Such Third-Party Services are not under the control of Dionysus.  Dionysus is not responsible for any Third-Party Services.  Dionysus provides these Third-Party Services only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third-Party Service, or any product or service provided in connection therewith.  You use all links in and to Third-Party Services at your own risk. When you leave our Platform, this Agreement and our policies no longer govern.  You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Services, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
17. GENERAL PROVISIONS.
    • Electronic Communications. The communications between you and Dionysus may take place via electronic means, whether you visit the Platform or send Dionysus e-mails, or whether Dionysus posts notices on the Platform or communicates with you via e-mail.  For contractual purposes, you (a) consent to receive communications from Dionysus in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Dionysus provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.  The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq.
    • Accessing and Downloading the Application from iTunes. You acknowledge and agree that the availability of certain aspects of the Application are dependent on the third party from whom you received the Application license, e.g., the Apple App Store or Google Play (the “App Store”). The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:
      • (a) You acknowledge and agree that: (i) this Agreement is concluded between you and Dionysus only, and not Apple; and (ii) Dionysus, 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, and you agree to pay all fees (if any) charged by the App Store in connection with Dionysus Properties, including the Application.
      • (b) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support with respect to the App Store Sourced Application, and Dionysus, not the App Store, is solely responsible for the Application, the content thereof, and warranty therefor.
      • (c) 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 Dionysus 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 Dionysus.
      • (d) You and Dionysus acknowledge that, as between Dionysus 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.
      • (e) You and Dionysus 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 Dionysus and Apple, Dionysus, 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 this Agreement.
      • (f) You and Dionysus acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement 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 this Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
    • 17.3 Assignment. This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Dionysus’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
    • 17.4 Force Majeure. Dionysus shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, pandemics, epidemics, government orders, quarantine, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
    • 17.5 Governing Law. The AGREEMENT and any action related thereto will be governed and interpreted by and under the laws of the State of CALIFORNIA without giving effect to any principles that provide for the application of the law of another jurisdiction. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Dionysus agree that all claims and disputes arising out of or relating to this Agreement will be litigated exclusively in the state or federal courts located in San Diego, California.
    • 17.6 Notice. Where Dionysus requires that you provide an e-mail address, you are responsible for providing Dionysus with your most current e-mail address.  In the event that the last e-mail address you provided to Dionysus is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by this Agreement, Dionysus’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.  You may give notice to Dionysus at the following address: Dionysus Digital Health, Inc.,  12615 Rue Sienne Nord, San Diego CA 92131.  Such notice shall be deemed given when received by Dionysus by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
    • 17.7 Severability; Waiver. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.  Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
    • 17.8 Export Control. You may not use, export, import, or transfer the Platform except as authorized by U.S. law, the laws of the jurisdiction in which you obtained access to the Platform, and any other applicable laws.  In particular, but without limitation, any information contained within the Platform may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Platform, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You acknowledge and agree that products, services or technology provided by Dionysus are subject to the export control laws and regulations of the United States.  You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Dionysus products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
    • 17.9 Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
    • 17.10 Entire Agreement. This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.