Please Read Carefully Prior to Downloading, Using or Installing the App or Accessing or Using 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.).
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
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.
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.
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.
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.
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.
The Medical Register, LLC