BY DOWNLOADING AND INSTALLING CFDAILY AND CLICKING “I ACCEPT” OR USING CFDAILY, YOU ARE DEEMED TO HAVE READ AND ARE INDICATING YOUR ACCEPTANCE OF, AND YOUR AGREEMENT TO BE BOUND BY THE TERMS AND ANY REVISIONS THEREOF WHICH SHALL GOVERN YOUR ACCESS AND USE OF CFDAILY.
If you do not agree to these Terms, you should not click “I accept” and may not access or use CFDaily. If CFDaily has already been downloaded and installed, you must immediately uninstall CFDaily. Vertex reserves the right to refuse you access to CFDaily should you not comply with any part of these Terms.
CFDaily has been developed by Vertex as a tool to help cystic fibrosis patients and/or their caregiver(s) track which medications the patient has taken and at what time. CFDaily and its contents is intended for informational purposes only and is not intended to replace any other efforts that you or your caregiver(s) are making to ensure that you take your prescribed medication at the correct times.
CFDaily and its contents, including any reminder notifications or any other information delivered to you through use of CFDaily is not intended to constitute professional medical advice or information, or to replace personal consultation with a qualified physician, pharmacist or other healthcare professional. You must always seek the advice of a healthcare professional for questions related to your disease, symptoms, medications and other treatments.
You acknowledge and agree that CFDaily constitutes or contains proprietary information and intellectual property, including copyright work, owned by Vertex and protected by applicable intellectual property and other laws. You shall not modify, rent, lease, loan, sell, distribute or create derivative works based on CFDaily in whole or in part. You shall not attempt to extract the source code of the CFDaily and you shall not translate CFDaily into other languages.
The use of CFDaily is at your sole risk. CFDaily is provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, Vertex expressly disclaims all warranties, conditions and other terms of any kind, whether express or implied, including, but not limited to any implied term of merchantability, satisfactory quality, fitness for a particular purpose, and any term as to the provision of services to a standard of reasonable care and skill or as to non-infringement of any intellectual property rights.
Vertex makes no warranty or representation that (i) CFDaily will meet your requirements, (ii) CFDaily will be uninterrupted and available at all times, timely, secure, or error-free, (iii) the results that may be obtained from the use of CFDaily will be accurate or reliable, and (iv) the quality of any services, information, or other material obtained by you through CFDaily will meet your expectations.
No information obtained by you from Vertex or through or from CFDaily shall create any warranty or other obligation not expressly stated in these Terms.
If using CFDaily outside of an area with Wi-Fi, you are notified that your terms of agreement with your mobile network provider will apply. As a result, you may incur charges by your mobile provider for the cost of data for the duration of the connection while accessing CFDaily, or other third party charges. In using CFDaily, you’re accepting responsibility for any such charges, including roaming data charges if you use CFDaily outside of your home territory (i.e. region or country) without turning off data roaming.
To the fullest extent permitted by applicable laws, and except in respect of death or personal injury arising from Vertex’s negligence as determined by a court of law, Vertex hereby excludes liability for any claims, loss, demands, or damages of any kind whatsoever with respect to CFDaily, and any information, or content provided or distributed through CFDaily including, without limitation, direct, indirect, incidental or consequential loss, or otherwise and whether or not the possibility of such loss has been notified to Vertex.
These Terms constitute the entire agreement between you and Vertex and govern your use of CFDaily, superseding any prior agreements between you and Vertex. The Terms and the relationship between you and Vertex shall be governed by, construed and interpreted in accordance with the laws of New South Wales, Australia – if you are domiciled in Australia or New Zealand, the laws of the Province of Ontario and the federal laws of Canada applicable therein – if you are domiciled in Canada, and the laws of England and Wales – if you are domiciled in the United Kingdom and the laws of Belgium if you are domiciled in any other country,. You and Vertex agree that any action or judicial proceeding concerning, relating to, or touching upon these Terms or your use of CFDaily, shall be brought, unless otherwise is established by the applicable laws, to a court of law in the appropriate jurisdiction: the courts of New South Wales, Australia, – if you are domiciled in Australia or New Zealand, the courts of Toronto, Ontario, Canada – if you are domiciled in Canada, the English courts – if you are domiciled in the United Kingdom and the Court of Brussels if you are domiciled in any other country. In case of any claim arising from your use of CFDaily, Vertex may represent its interests through Vertex Pharmaceuticals (Europe) Limited or through any of its Affiliates, as it deems appropriate and provided that it is in accordance with the applicable laws.
Any failure by Vertex to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the validity and enforceability of any such provision and of all other provisions of these Terms will remain in full force and effect.