Terms of Use | Aaruexx UDHP

Welcome to Aaruexx UDHP!

These terms and conditions outline the rules and regulations for the use of Aaruexx's Website, located at www.aaruexx.me.

By accessing this website, we assume you accept these terms and conditions. Do not continue to use www.aaruexx.me if you do not agree to take all of the terms and conditions stated on this page.

Cookies:

The website uses cookies to help personalize your online experience. By accessing www.aaruexx.me, you agreed to use the required cookies.

A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.

We may use cookies to collect, store, and track information for statistical or marketing purposes to operate our website. You have the ability to accept or decline optional Cookies. There are some required Cookies that are necessary for the operation of our website. These cookies do not require your consent as they always work. Please keep in mind that by accepting required Cookies, you also accept third-party Cookies, which might be used via third-party provided services if you use such services on our website, for example, a video display window provided by third parties and integrated into our website.

License:

Unless otherwise stated, Aaruexx UDHP and/or its licensors own the intellectual property rights for all material on www.aaruexx.me. All intellectual property rights are reserved. You may access this from www.aaruexx.me for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

Copy or republish material from www.aaruexx.me
Sell, rent, or sub-license material from www.aaruexx.me
Reproduce, duplicate or copy material from www.aaruexx.me
Redistribute content from www.aaruexx.me

This Agreement shall begin on the date hereof.

Parts of this website offer users an opportunity to post and exchange opinions and information in certain areas of the website. Aaruexx UDHP does not filter, edit, publish or review Comments before their presence on the website. Comments do not reflect the views and opinions of Aaruexx UDHP, its agents, and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, Aaruexx UDHP shall not be liable for the Comments or any liability, damages, or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Aaruexx UDHP reserves the right to monitor all Comments and remove any Comments that can be considered inappropriate, offensive, or causes breach of these Terms and Conditions.

You warrant and represent that:

You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
The Comments do not invade any intellectual property right, including without limitation copyright, patent, or trademark of any third party;
The Comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material, which is an invasion of privacy.
The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Aaruexx UDHP a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats, or media.

Hyperlinking to our Content:

The following organizations may link to our Website without prior written approval:

Government agencies;
Search engines;
News organizations;
Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
System-wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications, or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.

We may consider and approve other link requests from the following types of organizations:

Commonly-known consumer and/or business information sources;
Select Community sites;
Associations or other groups representing charities;
Online directory distributors;
Internet portals;
Accounting, law, and consulting firms; and
Educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Aaruexx UDHP; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Aaruexx UDHP. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

By use of our corporate name; or
By use of the uniform resource locator being linked to; or
Using any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.

No use of Aaruexx UDHP's logo or other artwork will be allowed for linking absent a trademark license agreement.

Content Liability:

We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are raised on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Reservation of Rights:

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website:

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links, but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct. We do not warrant its completeness or accuracy, nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer:

To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

Limit or exclude our or your liability for death or personal injury;
Limit or exclude our or your liability for fraud or fraudulent misrepresentation;
Limit any of our or your liabilities in any way that is not permitted under applicable law; or
Exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort, and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

Aaruexx UDHP-Terms & Conditions

GENERAL TERMS OF USE- AGREEEMENT

THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (HEREINAFTER “YOU” or “YOUR”) AND THE APPLICABLE CONTRACTING ENTITY ESHANA BUSINESS SOLUTIONS W.L.L. (HEREINAFTER CALLED “ESHANA”) GOVERNING YOUR USE OF AARUEXX UDHP (HEREINAFTER CALLED “PLATFORM”) IN BAHRAIN, FOR ESHANA HEALTHCARE PRIVATE LIMITED (HEREINAFTER CALLED THE “LICENSOR”) WHICH IS AN ONLINE PLATFORM ECOSYSTEM FOR ONLINE MEDICAL SERVICES AND SOFTWARE FOR MEDICAL BUSINESS ACTIVITIES. BY REGISTERING ON THE PLATFORM AND APPS, YOU ALREAYD EXPLICITLY AGREE TO THe TERMS OF USE.

1. TERMINOLOGY

This Agreement consists of the following terms and conditions (hereinafter the “General Terms”) and terms and conditions, if any, specific to use of individual Services (hereinafter the “Service Specific Terms”). In the event of a conflict between the General Terms and Service Specific Terms, the Service Specific Terms shall prevail.

2. USER OBLIGATIONS

2.1. MINIMUM AGE AND VOLUNTARY USE

You must be of legal age to enter into a binding agreement in order to accept the Agreement. If you do not agree to the General Terms, do not use any of our Services. If you agree to the General Terms and do not agree to any Service Specific Terms, do not use the corresponding Service. You can accept the Agreement by checking a checkbox or clicking on a button indicating your acceptance of the Agreement or by actually using the Services.

2.2. USER ACCOUNT

You need to sign up for a user account by providing all required information in order to access or use the Services. If you represent an organization and wish to use the Services for corporate use, we recommend that you, and all other users from your organization, sign up for user accounts by providing your corporate contact information. In particular, we recommend that you use your corporate email address. You agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the sign up process; and (ii) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Aaruexx UDHP has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Aaruexx UDHP may terminate your user account and refuse current or future use of any or all of the Services.

3. USER RESTRICTIONS

3.1. ACCESS AND RESTRICTIONS

In addition to all other terms and conditions of this Agreement, you shall not:

(i) transfer the Services or otherwise make it available to any third party;

(ii) provide any service based on the Services without prior written permission;

(iii) allow user licenses to be shared or used by more than one individual other than by way of reassigning the user license to a new user; (iv) except as permitted under applicable law, attempt to disassemble, reverse engineer or decompile the Services;

(v) use third party links to sites without agreeing to their website/Portals/ Apps terms & conditions;

(vi) post links to third party sites or use their logo, company name, etc. without their prior written permission;

(vii) attempt to gain unauthorized access to the Services or its related systems or network;

(viii) use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of Aaruexx UDHP;

(ix) use the Services to send or store material containing software viruses, worms or other harmful computer codes, files, scripts or programs;

(x) use the Services in any manner that interferes with or disrupts the integrity, security or performance of the Services, its components and the data contained therein;

(xi) create a false identity to mislead any person as to the identity or origin of any communication;

(xii) host, display, upload, modify, publish, transmit, store, update or share any information that belongs to another person or entity and to which you do not have any right, including personal or confidential information of any person or entity with respect to which you do not have consent or permission from such person or entity;

(xiii) use the Services for transmitting information that is false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;

(xiv) violate any applicable local, state, national or international law;

(xv) use the Services for any form of competitive or benchmarking purposes; and

(xvi) remove or obscure any proprietary or other notices contained in the Services.

3.2. SPAMMING AND ILLEGAL ACTIVITIES

You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.

4. SERVICES

4.1. DEFINITIONS

We provide cloud software and applications for individuals, families and medical businesses, including associated offline and mobile applications ("Service" or "Services"). You may use the Services for your personal and professional use or for business purpose in the organization that you represent. You may connect to the Services using any Internet browser supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services. You can create and edit content with your user account and if you choose to do so, you can publish and share such content.

4.2. SERVICES IN BETA

We may offer certain Services as closed or open beta services ("Beta Service" or “Beta Services”) for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that Aaruexx UDHP will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.

4.3. FREE TRIAL

If you register for a free trial of one or more Services, Aaruexx UDHP will make the applicable Services available to you on a trial basis free of charge until the earlier of

(i) the end of the free trial period of the applicable Services (unless terminated earlier by you),

(ii) the start date of the paid subscription period for the applicable Services, or

(iii) termination by Aaruexx UDHP in its sole discretion.

Any data that you enter into the Services, and any customizations made to the Services during the free trial will be permanently lost unless you

(i) purchase the corresponding paid subscription plan for the account,

(ii) purchase applicable Service upgrades, or

(iii) export such data before the end of the trial period.

Notwithstanding anything contained in this Section, Services are offered as-is during the free trial, without any warranty, covenant, support or liability whatsoever, to the extent permitted by law.

4.4. THIRD PARTY APPLICATIONS

Aaruexx UDHP integrates with several third party applications (hereinafter "Third Party Application(s)"). Access and use of the Third Party Applications may require acceptance of terms of service and privacy policies applicable to such Third Party Applications (hereinafter "Third Party Terms"). You are responsible for reading and understanding the Third Party Terms before accessing or using any Third Party Application. You acknowledge and agree that Aaruexx UDHP is not liable for any Third Party Applications. While we will try to provide you with advance notice, whenever reasonably possible, you acknowledge and agree that Aaruexx UDHP may, at any time and in our sole discretion, and without any notice to you, suspend, restrict or disable access to or remove from Aaruexx UDHP Services, any Third Party Application, without any liability to you, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses.

5. PERSONAL INFORMATION AND PRIVACY

Personal information you provide to Aaruexx UDHP through the Service is governed by Aaruexx UDHP Privacy Policy. Your election to use the Service indicates your acceptance of the terms of the Aaruexx UDHP Privacy Policy. You are responsible for maintaining confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur in your user account and you agree to inform us immediately of any unauthorized use of your user account by email to account@aaruexx.me or by calling us on any of the numbers listed on https://www.aaruexx.me. We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user account, or otherwise.

6. USER GENERATED CONTENT

You may transmit or publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the Internet, and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Services, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that Aaruexx UDHP will have the right to block access to or remove such content made available by you if Aaruexx UDHP receives complaints concerning any illegality or infringement of third party rights in such content. By using any of the Services and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by Aaruexx UDHP for this purpose. For procedure relating to complaints of illegality or infringement of third party rights in content transmitted or published using the Services, refer the the Aaruexx UDHP Privacy Policy and contact privacy@aaruexx.me If you wish to protest any blocking or removal of content by Aaruexx UDHP, you may do so in the manner provided complaint@aaruexx.me.

7. SUBSCRIBERS AND BUSINESS USERS TERMS

7.1. USER ACCOUNTS AND ADMINISTRATORS

When you sign up for an account for your organization you may specify one or more administrators. The administrators will have the right to configure the Services based on your requirements and manage end users in your organization account. If your organization account is created and configured on your behalf by a third party, it is likely that such third party has assumed administrator role for your organization. Make sure that you enter into a suitable agreement with such third party specifying such party’s roles and restrictions as an administrator of your organization account.

You are responsible for

(i) ensuring confidentiality of your organization account password,

(ii) appointing competent individuals as administrators for managing your organization account, and

(iii) ensuring that all activities that occur in connection with your organization account comply with this Agreement.

You understand that Aaruexx UDHP is not responsible for account administration and internal management of the Services for you. You are responsible for taking necessary steps for ensuring that your organization does not lose control of the administrator accounts. You may specify a process to be followed for recovering control in the event of such loss of control of the administrator accounts by sending an email to support@aaruexx.me, provided that the process is acceptable to Aaruexx UDHP. In the absence of any specified administrator account recovery process, Aaruexx UDHP may provide control of an administrator account to an individual providing proof satisfactory to Aaruexx UDHP demonstrating authorization to act on behalf of the organization. You agree not to hold Aaruexx UDHP liable for the consequences of any action taken by Aaruexx UDHP in good faith in this regard.

7.2. DATA OWNERSHIP

We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant Aaruexx UDHP the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for Aaruexx UDHP’s commercial, marketing or any similar purpose. But you grant Aaruexx UDHP permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing the Services to you.

7.3. COMMUNICATIONS

The Service may include certain communications from Aaruexx UDHP, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.

7.4. SAMPLE FILES AND APPLICATIONS

Aaruexx UDHP may provide sample files and applications for the purpose of demonstrating the possibility of using the Services effectively for specific purposes. The information contained in any such sample files and applications consists of random data. Aaruexx UDHP makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications.

7.5. MODIFICATION OF TERMS

We may modify this Agreement upon notice to you at any time through a service announcement or by sending email to your primary email address. If we make significant changes to the Agreement that affect your rights, you will be provided with at least 30 days advance notice of the changes by email to your primary email address. You may terminate your use of the Services by providing Aaruexx UDHP notice by email within 30 days of being notified of the availability of the modified Agreement if the Agreement is modified in a manner that substantially affects your rights in connection with use of the Services. In the event of such termination, you will be entitled to pro-rated refund of the unused portion of any prepaid fees. Your continued use of the Service after the effective date of any change to the Agreement will be deemed to be your agreement to the modified Agreement.

7.6. INACTIVE USER ACCOUNTS

We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 120 days. In the event of such termination, all data associated with such user account will be deleted. We will provide you prior notice of such termination and option to back-up your data. The data deletion policy may be implemented with respect to any or all of the Services. Each Service will be considered an independent and separate service for the purpose of calculating the period of inactivity. In other words, activity in one of the Services is not sufficient to keep your user account in another Service active. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.

7.7. SUSPENSION AND TERMINATION

We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to complaint@aaruexx.me within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request. In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Agreement and to terminate your access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service. You have the right to terminate your user account if Aaruexx UDHP breaches its obligations under this Agreement and in such event, you will be entitled to prorated refund of any prepaid fees. Termination of user account will include denial of access to all Services, deletion of information in your user account such as your email address and password and deletion of all data in your user account.

7.8. COMPLAINTS

If we receive a complaint from any person with respect to your activities as part of use of the Services, we will forward the complaint to the primary email address of your user account. You must respond to the complainant directly within 10 days of receiving the complaint forwarded by us; and copy Aaruexx UDHP in the communication. If you do not respond to the complainant within 10 days from the date of our email to you, we may disclose your name and contact information to the complainant for enabling the complainant to take legal action against you. You understand that your failure to respond to the forwarded complaint within the 10 days’ time limit will be construed as your consent to disclosure of your name and contact information by Aaruexx UDHP to the complainant.

7.9. ENQUIRY

If you have any questions or concerns regarding this Agreement, please contact us at support@aaruexx.me.

8. FEES AND PAYMENTS

The Services are available under subscription plans of various durations as per the Subscription Policy. Payments for subscription plans of duration of less than a year can be made only by Credit Card. Your subscription will be automatically renewed at the end of each subscription period unless you downgrade your paid subscription plan to a free plan or inform us that you do not wish to renew the subscription. At the time of automatic renewal, the subscription fee will be charged to the Credit Card last used by you. We provide you the option of changing the details if you would like the payment for the renewal to be made through a different Credit Card. If you do not wish to renew the subscription, you must inform us at least seven days prior to the renewal date. If you have not downgraded to a free plan and if you have not informed us that you do not wish to renew the subscription, you will be presumed to have authorized Aaruexx UDHP to charge the subscription fee to the Credit Card last used by you. Please click here to know about our Refund Policy. From time to time, we may change the price of any Service or charge for use of Services including those services that are currently available free of charge. Any increase in charges will not apply until the expiry of your then current billing cycle. You will not be charged for using any Service unless you have opted for a paid subscription plan. In the event any tax such as GST, VAT, sales tax or the like is chargeable by Aaruexx UDHP in accordance with any local, state, provincial or foreign laws with respect to your subscription to our Services ("Taxes"), Aaruexx UDHP will invoice you for such Taxes. You agree to pay Aaruexx UDHP such Taxes in addition to the subscription fees. Aaruexx UDHP shall provide you with an invoice in the format prescribed by the applicable local, state, provincial or foreign laws to help you avail the applicable input tax credit for the Taxes so paid.

9. HOSTING LOCATION

The location of the cloud facility from which you are served depends on the mapping of your region/country to the available cloud facilities at the time of your sign-up. We may migrate your account or require you to migrate your account to a different cloud facility in the event of any updates to the region/country to cloud facility mapping at any point of time. You must not mask your Internet protocol (IP) address at the time of sign-up since your region/country is determined base on your IP address. If, at any time, your actual region/country is found to be different from the region/country in our records, Aaruexx UDHP may take appropriate action such as migrate your account or require you to migrate your account to the cloud facility corresponding to your region/country, or close your account and deny the Service to you. If you are served from a cloud facility outside your region/country and Aaruexx UDHP entity has an office in your region/country, apart from storing the data in the cloud facility assigned to you, we may store a local copy of the data in your region/country.

10. TRADEMARK

'Aaruexx UDHP', Aaruexx logo, the names of individual Services and their logos are trademarks of The LICENSOR (Eshana Healthcare Private Limited, India,) licensed to ESHANA in Bahrain. You agree not to display or use, in any manner, the Aaruexx trademarks, without ESHANA’s prior permission.

11. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN ASIS-AND-AS-AVAILABLE BASIS. AARUEXX UHDP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AARUEXX UHDP MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM AARUEXX UHDP, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

12. LIMITATION OF LIABILITY

YOU AGREE THAT AARUEXX UHDP SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF AARUEXX UHDP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL AARUEXX UHDP’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED ONE THOUSAND DOLLARS ($1000) OR THE FEES PAID BY YOU DURING THE TWELVE (12) MONTHS PRIOR TO THE FIRST EVENT GIVING RISE TO SUCH LIABILITY, WHICHEVER IS HIGHER.

13. INDEMNIFICATION

You agree to indemnify and hold harmless Aaruexx UDHP, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party's rights, in violation of any law, in violations of any provisions of the Agreement, or any other claim related to your use of the Services, except where such use is authorized by Aaruexx UDHP.

14. GOVERNING LAW AND JURISDICTION

The governing law and jurisdiction that will apply in case of any dispute or lawsuit arising out of or in connection with this Agreement, will depend on your billing address if you are a paid customer and your state or country of domicile in all other cases. Accordingly, each party agrees to the governing law (without regard to choice or conflicts of law rules) and to the exclusive jurisdiction of the courts of the respective country where the agreement is executed in case of any dispute or lawsuit arising out of or in connection with this Agreement.