BY CREATING ACCOUNT, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREED TO BE BOUND BY THESE TERMS OF USE, INCLUDING OUR PRIVACY POLICIES.
Please Read Carefully Prior to Downloading, Using or Installing the App or Accessing or Using the Site
The Medical Register, LLC (“The Medical Register,” “we,” “us,” or “our”), owns and operates a mobile application (the “App”) and related website (the “Site,” and together with the App or each individually, this “Service”) that are intended to provide a convenient and secure process for you to download certain health information to your mobile device(s), which, in case of emergency, first responders and other persons may conveniently and securely access to help facilitate your initial care. Your download, installation or use of the App and/or your access to or use of the Site constitutes your acceptance of these Terms of Use, which takes effect on the date on which you download, install or use the App and/or access or use the Site. If you do not agree with these Terms of Use, you should immediately cease downloading, installing and using the App and cease accessing and using the Site. These Terms of Use govern this Service, both the App and the Site.
THIS SERVICE IS FOR INFORMATIONAL PURPOSES ONLY, AND IT NEITHER CLAIMS TO PROVIDE, NOR IS CAPABLE OF PROVIDING MEDICAL DIAGNOSIS OR TREATMENT OF ANY KIND. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, IMMEDIATELY CALL A HEALTH CARE PROVIDER OR DIAL THE EMERGENCY PHONE NUMBER IN YOUR COUNTRY (911 IF IN THE U.S.).
By using this Service, you expressly agree to be bound by these Terms of Use, including our privacy policies discussed herein, and all applicable laws. Furthermore, by using this Service, you affirm that you are at least 13 years of age. Users between the ages of 13 and 18 must obtain permission from their parent or guardian before registering for or using this Service.
We may make updates or changes to this Service (the App and/or the Site) at any time, and unless otherwise indicated, any new content or functionality is also subject to these Terms of Use. We encourage you to review periodically the features of this Service and these Terms of Use for any updates or changes. Your present and subsequent use of this Service demonstrates your acceptance of these Terms of Use, which are effective until terminated by either party. If you are dissatisfied with this Service or any of these Terms of Use, your sole and exclusive legal remedy is to discontinue using this Service.
This Service was developed for use by individuals in the United States and the European Union, and neither we nor our suppliers make any representation concerning this Service when used in any other country or region. You agree that the limitations set forth in these Terms of Use are fundamental elements of the agreement between you and us and that this Service would not be provided to you absent such limitations.
Your access and use of this Service, including any information, services, products, materials, and any other resources contained, described, or made accessible through the App and/or the Site, is solely at your own risk.
Submission and Use of Your Information
Registration Information
To use certain services of the App, you or your designated agent must register (“Registration”) by submitting to us personal information, such as your name, email address, phone number, and postal ZIP code (“Registration Information”). Such Registration Information will be collected and maintained by us, will be treated as non-confidential and non-proprietary, will become our property, and may be used in the manners discussed in these Terms of Use. We have no obligation to return Registration Information to you after your Registration and use of this Service is terminated for any reason. Furthermore, Registration Information may be deleted and/or your Registration may be deactivated after a period of prolonged inactivity.
ICE Data
To enjoy the full benefit of our services, you or your designated agent may voluntarily provide other information about your health, such as information about medical conditions, medication needs or restrictions, dietary needs or restrictions, allergies, and other health matters, including any health care proxy, if applicable, to be used in case of emergency (“ICE Data”). ICE Data entered into the App will be stored on your mobile device(s), including any smart phone or tablet on which you have registered the App. ICE Data will not be stored or maintained on any of our servers or systems. Furthermore, we do not claim any ownership of your ICE Data. You also may choose to share your ICE Data with other users of this Service, such as family members, whom you designate to have access to view your ICE Data. If you do not want others to have that ability, then do not choose to share your ICE Data with any other user. In addition, our technology is designed so that, in case of emergency, first responders and other persons may view your ICE Data by scanning a Quick Response (QR) code that appears on the home screen of your mobile device(s), even if such device is passcode-locked. The purpose of this function is so that first responders and other persons may be informed of certain health information to facilitate your initial care. By using this Service, you consent to such persons viewing your ICE Data. If you do not want others to have that ability, then do not use this Service.
You Are Responsible for Your Information
You or your designated agent are solely responsible for ensuring that your Registration Information and ICE Data are accurate, complete, current, and reliable. Although we reserve the right to correct any errors, omissions, or inaccuracies, we do not accept any responsibility or liability for the accuracy, completeness, currency, or reliability of your Registration Information or ICE Data (even typographical and imaging errors). You may update or change Registration Information or ICE Data at any time by logging into the App and/or the Site. You should discuss your ICE Data and any questions or concerns you may have regarding medical conditions, medication needs or restrictions, dietary needs or restrictions, allergies, and other health matters with a licensed health care professional qualified to advise you.
Furthermore, we do not represent that this Service (the App and/or the Site) will operate without interruption or error, nor do we provide any assurances of the availability or usability of the services of this Service. You are solely responsible for any fees or costs for any Internet connection or data access plan required to use this Service.
Privacy and Security
The privacy and security of your personal information is very important to us. None of your personal information, including your Registration Information, can be accessed by or released to another party except as set forth in these Terms and Conditions or otherwise consented by you; provided however that, if required by law or government request, we reserve the right to disclose any such information without first obtaining your consent.
We only collect personal information that you voluntarily submit to us. Through certain technologies that may be employed by the App and/or the Site, such as cookies, device identifiers, web beacons, and webview, we may from time to time collect nonpersonally identifiable information about you, including statistical information about your use of and navigation through the App and/or the Site. We may use such nonpersonally identifiable information to study ways to serve you better and to optimize the performance of this Service. We also may use personal and nonpersonally identifiable information in administering your Registration, responding to your requests, communicating with you, and otherwise maintaining our business relationship with you. By submitting personal information to us, you consent to this use by us.
We use various security measures to safeguard information concerning, and transmitted by, users like you. Despite these security measures, you should be aware that it is impossible to guarantee absolute security with respect to information sent through the Internet.
Finally, as a convenience to you, this Service and related functions such as notifications and emails may contain links to third-party websites or applications. Such links do not constitute an endorsement by us of those third-party websites or applications, the content displayed therein, or the persons or entities associated therewith. Such third-party websites or applications are governed by their own terms and privacy policies.
“Do Not Track” Disclosures
The App and the Site may interface with web browsers on your mobile device(s) or computer(s). Please note that some browsers may allow you to enable a “do not track” setting that sends a special signal to websites you encounter while browsing the Internet. This “do not track” setting is different from the option to disable certain forms of cookies in your browser settings. Browsers with the “do not track” setting enabled still have the ability to accept cookies.
At this time, we do not respond to “do not track” signals or similar mechanisms. We may collect certain information about our users over time and across third-party websites or applications, regardless of whether such users enable “do not track” signals or similar mechanisms. In the future, if we decide to respond to “do not track” signals and similar mechanisms, we will describe how we do so in these Terms of Use.
Disclaimer of Warranties
NEITHER WE, NOR ANY PERSON ASSOCIATED WITH US, NOR ANY THIRD-PARTY SUPPLIER ASSUMES RESPONSIBILITY FOR OR PROVIDES A WARRANTY OR ASSURANCE THAT THE INFORMATION, SERVICES, PRODUCTS, MATERIALS, OR OTHER RESOURCES CONTAINED, DESCRIBED, OR MADE ACCESSIBLE THROUGH THIS SERVICE WILL SATISFY ANY REQUIREMENTS THAT YOU MAY HAVE. WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY CONSEQUENCE, DAMAGE, OR INJURY (INCLUDING DEATH) TO YOU, ANOTHER PERSON, OR PROPERTY ARISING FROM ANY APPLICATION, USE, OR MISUSE OF THIS SERVICE. FURTHERMORE, WE ARE NOT LIABLE FOR THE UNAUTHORIZED USE OF THIS SERVICE (THE APP AND/OR THE SITE) BY YOU OR ANY OTHER USER.
WE DO NOT WARRANT THAT THIS SERVICE WILL BE COMPATIBLE WITH ALL HARDWARE AND SOFTWARE WHICH YOU MAY USE. WE SHALL NOT BE LIABLE FOR DAMAGE TO, OR VIRUSES OR OTHER CODE THAT MAY AFFECT, ANY EQUIPMENT (INCLUDING BUT NOT LIMITED TO YOUR MOBILE DEVICE(S) AND COMPUTER(S)), SOFTWARE, DATA OR OTHER PROPERTY AS A RESULT OF YOUR DOWNLOAD, INSTALLATION, ACCESS TO OR USE OF THE APP OR THE SITE OR YOUR OBTAINING ANY MATERIAL FROM, OR AS A RESULT OF USING, THIS SERVICE. WE SHALL ALSO NOT BE LIABLE FOR THE ACTIONS OF THIRD PARTIES.
WE PROVIDE THIS SERVICE ON AN “AS-IS” AND “AS AVAILABLE” BASIS “WITH NO FAULTS,” AND WE DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, WORKMANLIKE EFFECT, AND NON-INFRINGEMENT.
Limitation of Liability
AS CONSIDERATION FOR YOUR OPPORTUNITY TO USE THIS SERVICE, YOU AGREE THAT IN NO EVENT WILL WE, ANY PERSON ASSOCIATED WITH US, OR ANY THIRD-PARTY SUPPLIER BE LIABLE IN ANY WAY FOR ANY ACTION OR INACTION TAKEN BY YOU OR ANOTHER PERSON IN RELIANCE UPON INFORMATION PROVIDED THROUGH THIS SERVICE. WE, ANY PERSON ASSOCIATED WITH US, OR ANY THIRD-PARTY SUPPLIER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, RESULTING FROM ANY LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, BUSINESS INTERRUPTION, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS SERVICE.
THIS SERVICE IS PROVIDED TO YOU FOR FREE OR AT MINIMAL COST. IF, NOTWITHSTANDING THE OTHER TERMS HEREIN, WE, ANY PERSON ASSOCIATED WITH US, OR ANY THIRD-PARTY SUPPLIER SHOULD HAVE ANY LIABILITY FOR ANY LOSS, HARM, OR DAMAGE, YOU AGREE THAT SUCH LIABILITY UNDER ANY CIRCUMSTANCES SHALL AMOUNT TO THE PRICE, IF ANY, YOU PAID TO US TO USE THIS SERVICE. YOU AND WE AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND US. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THE SERVICE TO YOU.
Authorized Use
You agree to use this Service (the App and/or the Site) only for lawful purposes, as it was intended.
If you create a user account on the Site, you will be asked to supply a username and password. You are responsible for maintaining the confidentiality and security of the username and password and are fully responsible for all activities that occur in connection with such user account. You agree to immediately notify us of any unauthorized use of your username or password or any other breach of security. You further agree that you will not permit others, including those whose accounts have been terminated, to access the Site using your user account.
You are strictly prohibited from using, attempting to use, or facilitating another’s use of this Service (the App and/or the Site):
(i) for any unlawful, unauthorized, fraudulent or malicious purpose,
(ii) to communicate any harmful, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit or pornographic, racially, ethnically, or otherwise objectionable material of any sort, including but not limited to any material that encourages conduct that would constitute a criminal offense or give rise to civil liability,
(iii) to damage, disable, overburden, or impair any server, or the network(s) connected to any server,
(iv) to interfere with any other person’s use and enjoyment of this Service, through hacking, defacing any portion of this Service, or engaging in spamming, flooding, junk mail, chain letters, pyramid schemes, affiliate marketing, unsolicited communications, or other disruptive activities,
(v) to invade any other person’s privacy or to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining or any other means,
(vi) to access systems, data, or information not intended by us to be made accessible to a user,
(vii) to obtain any materials, or information through any means not intentionally made available by us,
(viii) to reverse engineer, disassemble or decompile any section or technology through this Service,
(ix) to upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, spyware, or any other similar software or programs that may damage the operation of another’s computer or property of another, or
(x) for any use other than the purpose for which this Service was intended.
We reserve the right to take whatever lawful actions we may deem appropriate in response to actual or suspected violations of these Terms of Use or applicable law, including but not limited to the removal of prohibited content or the suspension or termination of your Registration and access to this Service (the App and/or the Site). Because these actions may be effected without prior notice, you agree that we may immediately deactivate or delete your Registration and all information you have submitted through this Service. Furthermore, you agree that we shall not be liable to you or any third party for any suspension or termination of your Registration or access to this Service. We may cooperate with legal authorities and third parties in the investigation of any suspected or alleged crime or civil wrong.
Trademark, Copyright, and License
All the content of this Service (the App and/or the Site), including text, graphics, legends, customized graphics, original photographs, data, images, music, audio and video clips, typefaces, titles, button icons, logos, designs, words or phrases, page headers, and software as well as the design, coordination, arrangement, enhancement, and presentation of such content, is the property of us or our suppliers and is subject to trademark, service mark, copyright, and/or other intellectual property rights held by us or our suppliers. Any trademark or copyright notices may not be deleted or altered in any way. Trademarks and copyrights may not be used in connection with any third-party products or services.
We grant you a license that is non-exclusive, non-transferable, with a limited right to access, use, and display this Service and the content contained therein for personal, informational, and noncommercial purposes only, provided that there are no specific restrictions displayed prohibiting such use. No title, rights, or interests are afforded you as a result of using this Service or downloading any content. You hereby agree not to reproduce, duplicate, copy, sell, resell, decompile, disassemble, or exploit for any commercial purposes any portion, use, or access of this Service, or to collect any information about visitors or other users of this Service, unless authorized by them. If you believe that your work or another’s work has been copied in a way that constitutes copyright or other intellectual property infringement, please send a written notification to our attention at the address below.
Software for this Service may include third-party code that we, not the third party, license to you, and such license ends when you discontinue use of this Service. We reserve all other rights not expressly granted by us, whether by implication, estoppels, or otherwise. We may also check your version of software and automatically download to your mobile device(s) upgrades to the software in order to enhance this Service.
Indemnification
You hereby agree to indemnify and hold us and our officers, directors, agents, co-branders, partners, employees, and suppliers harmless from any claim or demand (including reasonable attorneys’ fees) made by any third party due to or arising out of your use of this Service (the App and/or the Site), including any information you submit, post, or transmit through this Service, any violation of these Terms of Use, or any violation by you of another’s rights.
General Provisions
These Terms of Use constitute the complete agreement between you and us with respect to their subject matter and supersede any prior agreement or communication. Such agreement is solely for your and our benefit, and is not for the benefit of any other person, except for our successors and assigns. We may assign, transfer, or otherwise dispose our rights and obligations under this agreement, at any time without notice or consent. You may not assign this agreement or transfer any rights to use this Service. We further reserve the right to modify these Terms of Use without prior notice. You are advised to review these Terms of Use occasionally, or at least every thirty (30) days, to observe for any modifications. Your continued use of this Service (the App and/or the Site) following our notice of modification shall constitute your acceptance of the modified Terms of Use.
If any provision of these Terms of Use is found to be invalid, illegal, or otherwise unenforceable, such finding will not affect the other provisions of these Terms of Use, or the whole of these Terms of Use, but such provision will be deemed modified to the extent necessary to render such provision enforceable, and the rights and obligations of you and us will be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements set forth in these Terms of Use.
We control this Service from servers within the United States of America. By accessing and using this Service, you agree that such access and use is subject to these Terms of Use and all applicable laws, as governed and interpreted pursuant to the laws of the State of Delaware, USA. Our failure to insist upon strict performance of any provision of these Terms of Use shall not be construed as an implicit waiver of any right.
In the event of a dispute, you and we agree to notify the other party by written statement setting forth the facts giving rise to the dispute and the relief requested, and you and we further agree to attempt to resolve any such dispute through informal negotiation within sixty (60) days of the date that the written statement is received. After sixty (60) days, either party may commence arbitration conducted by the American Arbitration Association; provided, however, that any dispute relating to the enforcement or validity of your, our, or any licensor’s intellectual property rights shall remain subject and limited to the right to bring action in a U.S. federal court of competent jurisdiction in the State of Pennsylvania, USA.
Contacting Each Other
You acknowledge and agree that we may provide you required information by email at the email address you specified when you registered for this Service. Notices emailed to you will be deemed given and received when the email is sent. If you do not consent to receive notices electronically, you must stop using this Service.
If you have any questions or concerns about this Service (the App and/or the Site) or these Terms of Use, please contact us:
The Medical Register, LLC
info@thegoodhealthnetwork.com