Term, Termination, and Modification of Agreement
- Service Term: The term of your Bagel Health Service (the “Service Term”) shall commence on the date You accept this Agreement through selection or clicking and shall terminate upon the designated termination date, or at the end of the designated period of time indicated for such term, in the Order (if any), or, if earlier, upon the effective date of termination of such Bagel Health Service as specified below.
- Termination By User: You may terminate your Bagel Health Service at any time for any reason (or no reason) upon thirty (30) days prior written notice to Company, which termination shall become effective upon the end of such thirty-day notice period, unless You have a paid subscription, in which case such termination shall occur at the end of any then-current periodic subscription period as specified in the Order or, if not so specified, the end of the next full periodic subscription period (and You shall remain obligated to pay any Fees, including periodic subscription fees, that become due during such thirty-day, or longer, period). After receipt of your termination notice, Company will terminate your Bagel Health Service account upon the effective date of termination. Termination of your Bagel Health Service shall not relieve You of any obligation that has accrued or existed prior to termination or any obligation to pay any accrued Fees.
- Termination By Company: Company may terminate your Bagel Health Service at any time for any reason (or no reason) upon thirty (30) days prior written notice to You, which termination shall become effective upon the end of such thirty-day notice period, unless You have a paid periodic subscription to the Bagel Health Service, in which case such termination shall become effective upon the later to occur of
- the end of such thirty-day notice period, or
- the end of any then-current periodic subscription period as specified in the Order or,
- if not so specified, the end of the next full monthly subscription period (and You shall remain obligated to pay any Fees, including periodic subscription fees, that become due during such thirty (30) day, or longer, period).
- Furthermore, and without limiting any other remedies, Company may terminate your Bagel Health Service in the event that You breach this Agreement (including upon any failure to pay Fees when due) upon fifteen (15) days notice, unless You have cured such breach before the end of such fifteen day period. Company reserves the right to immediately suspend your access to and use of the Bagel Health Service in the event of any breach of this Agreement which threatens immediate harm to the Bagel Health Service or in the event of any violation of law, a serious security issue or other emergency situation. In the event of any termination by Company, Company will terminate your Bagel Health Service account upon the effective date of termination. Termination of your service shall not relieve You of any obligation that has accrued or existed prior to termination, nor of any obligation to pay any accrued Fees.
- Effect of Termination: Upon any termination of your Bagel Health Service by You or Company, You understand and acknowledge that Company will have no further obligation to provide the Bagel Health Service or access thereto nor any obligation to refund, return or credit any amounts paid or payable to Company. Upon termination, all licenses and other rights granted to You by this Agreement will immediately cease and You shall cease using and cease accessing the Bagel Health Service. Company is not liable to You or any third party for termination of the Bagel Health Service or termination of your use of the Bagel Health Service or the Site.
- User Data. You are encouraged to retain copies of all your User Data; however, for a period of sixty (60) days after the effective date of termination, Company will make the User Data contained in the Bagel Health Service as of such termination date available to You upon written request prior to the end of such sixty day period. Except as expressly provided in the previous sentence (or as required by hipaa or other applicable laws), upon any termination, any user data that you have submitted, posted, uploaded or otherwise provided to the Bagel Health Service may no longer be accessed by you and, upon written request, will be destroyed or returned unless Company is legally obligated to maintain such User Data or destruction/return is not feasible. If Company cannot return or destroy all data, it shall provide you a written explanation detailing why destruction or return is not feasible. Furthermore, except as may be required by applicable law, Company will have no obligation to (but may in its sole discretion) store or maintain any User Data or other information stored in the Bagel Health Service or any other database related to your account or to forward any information to You or any third party.
- Agreement Terms. Upon any termination of your Bagel Health Service, Sections 1.3, 1.4, 2.3, 4.4 and 5 through 8 of this Agreement shall survive and remain in full force and effect. Furthermore, any of your obligations to Company under this Agreement which have accrued prior to such termination, and Section 3 with respect to any Fees due or payable prior to termination, shall survive such termination and remain in full force and effect. All other provisions of this agreement shall terminate upon such termination of your Bagel Health Service and shall thereupon be of no force or effect.
- Modification of Bagel Health Service or Agreement By Company: Company reserves the right, in its sole discretion, at any time to modify, augment or limit the Bagel Health Service (or the Site) without advance notice. All modifications and additions to the Bagel Health Service (and/or Site) shall be governed by this Agreement, unless otherwise expressly stated by Company in writing. Company may also modify or amend this Agreement in its sole discretion at any time by posting the modifications or the amended Agreement on the Site and providing you with written notice thereof. All modified terms and conditions and amended Agreements will be effective thirty (30) days after such notice (unless a longer notice period is required by applicable law), unless You first give Company written notice of rejection of the modifications or amended Agreement within such thirty day period. In the event of such rejection, this Agreement will continue under its original provisions until the Agreement is terminated as provided above (or subsequently amended in accordance with this Section). If any modified terms and conditions are not acceptable to You, your sole remedy is to timely provide the foregoing rejection notice or to cease using the Bagel Health Service (and Site), and if applicable, terminate your Bagel Health Service as provided above. By continuing to access or use the Bagel Health Service without providing a timely rejection notice after Company provides notice of any such revision or amendment, You agree to be bound by the revised Agreement. This Agreement may not otherwise be modified or amended, except with the express written agreement of both parties. Company may separately amend the Privacy Policy in accordance with the provisions thereof.