User Agreement & DisclaimerMediPilot® Account Service Agreement
Last Updated: July, 2019
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
By using this site, you signify your agreement to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site.
MediPilot® may revise and update these Terms and Conditions at any time. Your continued use of the MediPilot® website ("the Site") will mean you accept those changes.1. What this Account Service Agreement covers.
This is a Service Agreement between you and MediPilot® for use by residents in the United States. This Service Agreement is not intended to and does not create any contractual or other legal right in or on behalf of any party.
2. This site does not provide medical advice
The MediPilot® website is primarily a repository for health and personal information that you provide. The contents of the MediPilot® Site, such as text, graphics, images, information obtained from MediPilot®'s licensors and/or partners, and other material contained on the MediPilot® Site ("Content") are for informational purposes only. The contents of the information that you enter are not analyzed by any persons or computers. No advice is given, and no algorithms or analyses are made or applied to that information. Therefore, you will not be provided with warnings or alerts indicating that a health condition exists or may exist. You will not be provided with warnings or alerts that indicate that any medications you are taking may be dangerous by themselves or in combination with other medications.
The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. You should consult a qualified, licensed health professional to evaluate your health and/or the medications you are taking or plan to take, and should in no way rely on the MediPilot® website to provide that information or advice for you. Never disregard professional medical advice or delay in seeking it because of something you have read on the MediPilot® Site.
cThis site and its health-related information and resources are not intended, and must not be taken, to be the rendering of medical, nursing, or professional health care advice or services, or the practice of medicine, nursing, or professional health care, in any jurisdiction. If you think you may have a medical emergency, call your doctor or 911 immediately. MediPilot® does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by MediPilot® MediPilot® employees, others appearing on the Site at the invitation of MediPilot®, or other visitors to the Site is solely at your own risk.3. Responsibility and use of content
You are responsible for your Service Account. Only you may use your Service Account, and you are responsible for all activity that takes place with your Service Account.
In using the Service, you will not disassemble, decompile, reverse engineer, reproduce, transcribe, resell, or redistribute any software included in the Service, except that you may reproduce limited excerpts of the data for personal use only, provided that each such copy contains a copyright notice as follows: Copyright 2007-2012, MediPilot®. The software is subject to United States export laws and regulations.
You may not authorize any third party to access and/or use your Service Account on your behalf. There are two exceptions to this rule: 1) A family member or legal guardian may, with your permission, access your Service Account for the purpose(s) of providing or facilitating care; and 2) a licensed medical provider, such as your physician, may access your account, with your permission, in the case of a medical emergency. In using MediPilot®, you may not impersonate another person.
You grant MediPilot® and all other persons or entities involved in the operation of the Site the right to transmit, retrieve and store your information in connection with the operation of the Site. MediPilot® cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using MediPilot® tools and services.
Non-personal and commercial Service Accounts are prohibited on the MediPilot® site.4. Privacy
We consider your use of the Service to be private. When you visit and navigate the MediPilot® site, we will not collect personal information about you unless you provide us that information voluntarily. However, we may access or disclose information about you, your Account and/or the content of your communications, in order to: (1) comply with the law or legal process served on us; (2) enforce and investigate potential violations of this Service Agreement; including use of this Service to participate in, or facilitate, activities that violate the law; or (3) protect the rights, property, or safety of MediPilot®, its employees, its customers or the public. You consent to the access and disclosures outlined in this section.
From time to time we will provide links to other web sites not owned or controlled by MediPilot®. Use of any link to any other site will always be determined by you. MediPilot® or its web hosting partner will never forward, sell, license or otherwise share or disclose your information to any other site or party, unless expressly authorized by you, except as described earlier in this Privacy section. While we do our best to ensure your privacy, we cannot be responsible for the privacy practices of other sites.
We may use technology or other means to protect the Service, protect our customers, or stop you from breaching this Service Agreement. These means may include, for example, filtering to stop spam or increase security. These means may hinder or interfere with your use of the Service.
You should also be aware that when you visit our website, we collect certain information that does not identify you personally, but provides us with usage data, such as the number of visitors we receive or what pages are visited most often. This data helps us to analyze and improve the usefulness of the information we provide at these websites
Like most commercial website owners, we may also use what is known as cookie technology. A cookie is an element of data that a website can send to your browser when you link to that website. It is not a computer program and has no ability to read data residing on your computer or instruct it to perform any step or function. By assigning a unique data element to each visitor, the website is able to recognize repeat users, track usage patterns and better serve you when you return to that site. The cookie does not extract other personal information about you, such as your name or address.4a. Children's privacy
We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13. Information of or about a child under the age of 13 should be entered by a parent or legal guardian of that child, and should be contained in the service account of that parent or legal guardian. Parent or guardians are solely responsible for providing supervision of minors’ use of the MediPilot® web site.5. Advertisements and links to other sites
MediPilot® may provide links to third-party web sites. MediPilot® does not recommend and does not endorse the content on any third-party websites. MediPilot® is not responsible for the content of linked third-party sites, sites framed within the MediPilot® Site and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. MediPilot® does not endorse any product, service, or treatment that may be mentioned on the MediPilot® Site.
MediPilot® specifically disclaims any guarantee or warranty, express or implied, with respect to any third party products or services or information mentioned on this site.6. Ownership of user submitted data, including images and video files
Rules governing both public areas (forums and blogs) and private areas of the MediPilot® site, i.e. your own password protected medical information.
You agree to only post or upload information or media (including medical or health related images and video files) that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. By uploading any information or media on the MediPilot® site, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. This includes medical or health related photos, images or videos.
Your personal medical information is your private information and will always remain your private information. MediPilot® does not claim any ownership interest in your personal medical information, and will not share your personal medical information in any manner.
If you submit any business information, idea, concept or invention to MediPilot® by email, us mail. Upload or by any other means, you agree such submission is non-confidential for all purposes. An example of such an idea might be a new or innovative treatment, diet or other regimen. If you submit any business information, idea, concept or invention to MediPilot®, you automatically grant or warrant that the owner of such content or intellectual property has expressly granted MediPilot® a royalty-free, perpetual, irrevocable, license to use, reproduce, create derivative works from, publish, translate, distribute, and display the communication or content in any media or medium, or any form, format now known or hereafter developed. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not upload or submit this information.
It is strictly prohibited to upload information or media of any kind that contains expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit material or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions.
You agree to indemnify MediPilot® and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the media uploaded or provided by you, and/or your failure to comply with the terms described in this document.
MediPilot® reserves the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion
MediPilot® reserves the right (but is not obligated) to do any or all of the following:
- Record the dialogue in public blogs or forums.
- Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
- Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
- Terminate a user's access to any or all Public Areas and/or the MediPilot® Site upon any breach of these Terms and Conditions.
- Monitor, edit, or disclose any communication in the Public Areas.
MediPilot® or its licensors have no liability or responsibility to users of the MediPilot® Site or any other person or entity for performance or nonperformance of the aforementioned activities7. LIABILITY LIMITATION
7a. The use of the MediPilot® Site and the Content is at your own risk. We provide the Service "as-is," "with all faults" and "as available." We do not guarantee the accuracy or timeliness of information available from the Service or the reliability of any communications posted by other users. MediPilot® gives no express warranties, guarantees or conditions. MediPilot®, its licensors, and its suppliers make no representations or warranties about the following:
- The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the MediPilot® Site
- The satisfaction of any government regulations requiring disclosure of information on prescription drug products, medical devices or the approval or compliance of any software tools with regard to the Content contained on the MediPilot® Site.
You may have additional consumer rights under your local laws that this Service Agreement cannot change. We exclude any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.
When using the MediPilot® Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of MediPilot® and its suppliers. You acknowledge that in connection with the MediPilot® Web Site, information will be transmitted over local exchange, inter-exchange, and Internet backbone carrier lines and through routers, switches, and other devices owned, maintained, and serviced by third party local exchange and long distance carriers, utilities, Internet service providers, and others, all of which are beyond the control and jurisdiction of MediPilot® and its suppliers. Accordingly, in no event shall MediPilot®, its licensors, its suppliers, or any third parties mentioned on the MediPilot® Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from delay, failure, lost data or business interruption or corruption of any data or other information) resulting from the use of or inability to use the MediPilot® Site or the Content, or any public areas of the Site, such as blogs or forums.
This limitation applies to anything related to:
- the Service, and any public areas of the Site, such as blogs or forums
- content (including code) on third party Internet sites, third party programs or third party conduct,
- viruses or other disabling features that affect your access to or use of the Service,
- incompatibility between the Service and other Services, software and hardware,
- delays or failures you may have in initiating, conducting or completing any transmissions or transactions in connection with the Service in an accurate or timely manner, and
- claims for breach of Service Agreement, breach of warranty, guarantee or condition, strict liability, negligence, or other tort.
It also applies even if:
- this remedy does not fully compensate you for any losses, or fails in its essential purpose; or
- MediPilot® knew or should have known about the possibility of the damages.
You can recover from MediPilot® only direct damages up to an amount you pay MediPilot® for this Service. You cannot recover any other damages, including consequential, lost profits, special, indirect, incidental or punitive damages.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.9. MediPilot® subscription services If you choose to subscribe to MediPilot® as a paid, ad-free service, the following additional terms and conditions will apply:
INFORMATION YOU SUBMIT: You are using the Subscription Services at your own risk. CHARGES AND BILLING: You are responsible for providing a valid credit card number at the time you register for a Subscription Service. You represent and warrant that you are an authorized user of such credit card, and you agree to pay all charges resulting from your Subscription Service account at the prices then in effect.
You agree that MediPilot® may pass your credit card information and related personally identifiable information to its designated service provider(s) for their use in charging you for appropriate services utilized through your Subscription Service. All Subscription Service charges are exclusive of sales or other taxes and you are responsible for payment of any applicable state, local and city taxes. MediPilot® reserves the right to modify or terminate membership plans, change prices, or institute new charges for any Subscription Service at any time with at least thirty (30) days' notice.10. General
MediPilot® is based in Connecticut, in the United States of America. MediPilot® makes no claims that the Content is appropriate or may be downloaded outside of the United States. If you access the MediPilot® site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.10b. Survival
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability Limitation, Ownership of user submitted data, including images and video files, Indemnity and Hold Harmless, and Complete Agreement.11. Indemnity and Hold Harmless
You agree to defend, indemnify, and hold MediPilot®, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.12. Complete Agreement
These Terms and Conditions constitute the entire agreement between you and MediPilot® with respect to the use of the MediPilot® Site, and Content.
It supersedes any prior Service Agreement or statements regarding your use of the Service. The section titles in the Service Agreement do not limit the other terms of this Service Agreement. These Terms and Conditions are governed by the laws of the State of Connecticut, without respect to its conflict of laws principles. If any provision of these Terms and Conditions 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 of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
You expressly agree that exclusive jurisdiction for any dispute with MediPilot®, or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers, or in any way relating to your use of the MediPilot® Site, resides in the courts of Hartford County, State of Connecticut.13. Assignment; No Third Party Beneficiaries
We may assign this Service Agreement, in whole or in part, at any time with or without notice to you. You may not transfer to anyone else, either temporarily or permanently, any rights to use the service or any part of the service. This Service Agreement is solely for your and our benefit. It is not for the benefit of any other person.14. Notifications
This Service Agreement is in electronic form. There may be information regarding the Service that the law requires us to send you. We may send you this information in electronic form. We may provide required information to you:
- by e-mail at the e-mail address you specified when you signed up for your Service;
- by access to a MediPilot® web site that will be designated in an e-mail notice sent to you at the time the information is available; or that will be generally designated in advance for this purpose.
- Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail.
Notices and Procedure for Making Claims of Copyright Infringement
All contents of the Service are Copyright © 2007-2012, MediPilot® and/or its suppliers. All rights reserved. Copyright and other intellectual property laws and treaties protect any software or content provided as part of the Service. We or our suppliers own the title, copyright, and other intellectual property rights in the software or content. The names of actual companies, authors and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
Trademark Notice: MediPilot® is the registered trademark, MediPilot® . Other names of products and/or services referenced herein or displayed on the Web Site are trademarks, or registered trademarks, logos, company names, or service marks of their respective owners.
Notice and takedown procedures; and copyright agent
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting MediPilot®'s copyright agent, identified below:MediPilot®
Attn: Office of Privacy
In an effort to protect the rights of copyright owners, MediPilot® maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.16. Claim Must Be Filed Within One Year. Your Notices to Us.
Any claim related to this Service Agreement or the Service may not be brought unless brought within one year. The one-year period begins on the date when the claim first could be filed. If it is not filed, then that claim is permanently barred. This applies to you and your successors. It also applies to us and our successors and assigns. You may notify us as stated in the “Copyright and Trademark Notices” area of this Service Agreement.
Thank you for your cooperation. We hope you find the MediPilot® Site helpful and convenient to use. Questions or comments regarding this website should be submitted by email using the Contact Us link.