Terms of Service
Last Updated: August 8, 2018
By using the web site at www.my-meds.com or related web sites (the “Site”) or by downloading the MyMeds® prescription medicine management applications (the “Apps”), you signify your agreement to these Terms of Service. The Site and the Apps are owned and operated by MyMeds, Inc. (“MyMeds”, “we”, “our” or “us”). We reserve the right to revise the Terms of Service and your continued use of the Site or the Apps following the posting of any changes constitutes acceptance of such changes.
- Management of Medication. The Site and the Apps assists you in managing your medications based on information that you enter or that is provided to us by third parties. You are solely responsible for the accuracy and completeness of the information that you enter. The Site and the Apps do not provide diagnoses or recommendations for treatment. You and your medical provider are responsible for all decisions regarding the selection and administration of medications. Your health care provider should review your medications for dosage, administration, contraindications and other concerns.
- No Medical Advice. Health information on the Site and the Apps is provided by Us for informational purposes only. Nothing in the Site or the Apps is to be interpreted as advocating the self-management of your health or medical condition as a substitute for professional medical advice. You should consult your medical provider directly regarding your health and any specific medical questions you may have. Do not delay seeking medical advice or disregard any medical advice you have received from your provider due to any content on the Site or the Apps. If you think you may have a medical emergency, call your doctor or 911 immediately. Reliance on any information provided by the Site or the Apps is solely at your own risk.
- Passwords/Security. Certain features of the Site or the Apps may require you to be a registered user. When you register, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update your registration information to keep it true, accurate, current and complete. As a registered user, you choose a unique password. You may not use the password of any other person to access the Site or the Apps. You are responsible for maintaining the confidentiality of your password and may not let any other person use it. You are solely responsible for the activities of anyone using your password, even if the activities were not authorized by you. You must notify us immediately of any unauthorized use of your password. In addition, if you believe or suspect your password has been compromised, you must promptly change your password using the functionality provided in the Site or the Apps.
- Minimum Age. You must be at least 13 years old to register and/or use the Site or the Apps.
- General License. Subject with your compliance with these terms, we grant you a non-exclusive license to use the software associated with the Site and the Apps. The software associated with the Site and the Apps is licensed, not sold, only in accordance with these Terms of Service.
- Restrictions on Use. You may view or download copies of the material on the Site or the Apps for your own personal, noncommercial use. You may not, and may not knowingly allow any third party to, (a) reverse engineer, disassemble, decompile, reproduce, transcribe, translate into any language or computer language, retransmit in any form by any means, resell, or redistribute the content without our prior written consent, (b) reverse engineer or attempt to discover any underlying ideas, source code, processes, techniques, technology, design, formula, engineering, or algorithms, or (c) use the Site or the Apps for commercial purposes. You also agree that you shall not harvest or collect information about other users or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications for any other commercial purpose of your own or a third party. We reserve the right to terminate your access to the Site or the Apps for a violation of these Terms of Service.
- Ownership. MyMeds or its third party licensors, if any, own all rights to the Site including without limitation, text, graphics, images and other material, the Apps, and any modifications, enhancements or alterations to the Site and the Apps, including all copyrights, trademarks, patents and trade secrets. You may not act in a manner that adversely affects or impairs these ownership rights. The Site and the Apps are protected by copyright laws, including without limitation United States copyright law, international treaty provisions and applicable laws in the country in which it is being used. All intellectual property rights not expressly granted in this Agreement are reserved by us. You may not alter any trademark or copyright notices on the Site or the Apps.
By posting information or content to any public area of the Site or the Apps, you automatically grant, and you represent and warrant that you have the right to grant to Us an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, publicly perform, publicly display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.
- Trademarks. The trade names, trademarks, service marks, logos, and slogans contained in the Site or the Apps are our trade names, trademarks, service marks, logos and slogans (each a “Mark”). You are not authorized to use any Mark in any advertisement, publicity or in any other commercial manner without our prior written consent. The trade names, trademarks, service marks, logos and slogans contained in the Site and the Apps that are not our Marks are the trade names, trademarks, service marks, logos and slogans of their respective owners. References that we make to any specific trade name, trademark, service mark, product, service or process of a third party do not necessarily constitute or imply our endorsement, sponsorship or recommendation of the third party trade name, trademark, service mark, product, service or process, unless otherwise explicitly provided.
- Links to Other Sites. The Site and the Apps may contain links to web sites operated by third parties. These links are provided solely for convenience and reference purposes only. The inclusion of any such link does not imply that we endorse the content of any web site to which we provide a link, nor are we liable for your reliance on or use of any information or materials contained in them.
- Warranty Disclaimer. We disclaim any warranty that (a) the Site or the Apps will meet your requirements or be error-free, (b) the results that may be obtained from the use of the Site and the Apps will be effective, reliable, complete, appropriate or accurate, (c) the quality of the Site and the Apps will meet your expectations, or that (d) any errors or defects in the Site or the Apps will be corrected. The use of the Site and the Apps is at your own risk. The information and the Site and the Apps are provided “AS IS,” WITHOUT WARRANTY OF ANY KIND, AND WE DISCLAIM ANY EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR (a) any loss of use, data, goodwill, or profits, whether or not foreseeable; and (b) any special, incidental, indirect, consequential, or punitive damages whatsoever (even if we have been advised of the possibility of these damages), including those (x) resulting from loss of use, data, or profits, whether or not foreseeable, (y) based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or (z) arising from any other claim arising out of or in connection with your use of or access to the SITE OR THE APPS. Nothing in these terms limits or excludes our liability for gross negligence, for our (or our employees’) intentional misconduct, or for death or personal injury.
Our total liability in any matter arising out of or related to these TERMS OF SERVICE is limited to US 100. This limitation will apply even if we have been advised of the possibility of the liability exceeding the amount and notwithstanding any failure of essential purpose of any limited remedy.
The limitations and exclusions in this Section 11 apply to the maximum extent permitted by law.
- User-Submitted Content. Any content that you submit to the Site or the Apps, including text, communications, video, software, images, sounds, data, or other information, remains your property and responsibility. Upon submission of content, you grant us the rights to post the content and grant access to the submitted content in accordance with the functionality on the Site and the Apps. By using features that allow you to post or otherwise transmit information, or which may be seen by other users, you agree that you shall not upload, post, or otherwise distribute or facilitate distribution of any content, including text, communications, video, software, images, sounds, data, or other information, that:
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, sexually explicit or graphic, or otherwise in violation of the Site’s or the Apps’ rules or policies;
- Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Infringes any patent, trade mark, service mark, trade secret, copyright, moral right, right of publicity, privacy or other proprietary right of any party;
- Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
- Impersonates any person or entity, including any employee or representative of the Site or the Apps, its licensors or advertisers. We do not pre-screen, monitor, or edit the content posted by other users, however, we have the right, in our sole discretion, to remove any content that does not comply with these Terms of Service or is otherwise harmful, objectionable, or inaccurate. We shall not be liable for any failure, delay, damages or results, in removing such content.
- Changing Your Phone Number. You may choose to receive information from us via text messages to your phone. If you change your phone number you must notify us so we can update your phone number. If you fail to notify us, your text messages will be sent to the person who receives your old phone number.
- Online Third Party Content. Opinions, advice, statements, offers, or other information or content made available by third parties through the Service are those of their respective authors, and you rely on such content at your own risk. The authors are solely responsible for such content. We do not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or the Apps, and (ii) adopt, endorse nor accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party other than ourselves or our subcontractors or agents.
- Copyright Infringement. If you believe any materials accessible on or from the Site and the Apps infringe your copyright, you may request removal of those materials from the Site and the Apps by contacting our designated copyright agent and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and e-mail address.
- A statement that you have a good faith belief that the complained use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative. Our designated agent for copyright issues is as follows: Gray Plant Mooty, 500 IDS Center, 80 South Eighth Street, Minneapolis, MN 55402.
- Modification. We may modify these terms or any additional terms that apply to the Site or the Apps to, for example, reflect changes to the law or changes to our Site or the Apps. You should look at the terms regularly. We will post notice of modifications to these terms on this page. We will post notice of modified additional terms in the applicable Site or the Apps. By continuing to use or access the Site of the Apps after the revisions come into effect, you agree to be bound by the revised terms.
- Governing Law and Forum for Disputes. These Terms of Service are governed by the laws of the State of Minnesota, without respect to its conflict of laws principles. If any provision of these Terms of Service is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. No waiver of any of these Terms of Service shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any claim or controversy arising out of or relating to the Site or the Apps, or to any acts or omissions for which you may contend we are liable, including but not limited to any claim or controversy, must be brought in the state or federal courts located in Minneapolis, Minnesota.
- Non-Assignment. You may not assign or otherwise transfer these Terms of Service or your rights and obligations under these Terms of Service, in whole or in part, without our written consent and any such attempt will be void. We may transfer our rights under these terms to a third party.
- Indemnification. You agree to indemnify, defend and hold harmless Us and our officers, directors, agents and employees from and against all fines, suits, proceedings, claims, causes of action, demands, or liabilities of any kind or of any nature including attorneys’ fees, arising out of or in connection with your use of the Site or the Apps, including any breach by you of these Terms of Service.
- No Waiver. Our failure to enforce or exercise any of these terms is not a waiver of that section.
- Contact Us. If you have any questions regarding these Terms of Service, please contact us at: email@example.com.