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MedAdaptics | Terms of Service
 
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Terms of Service

TERMS OF SERVICE

  1. Introduction. PLEASE READ CAREFULLY THE FOLLOWING TERMS OF SERVICE .These Terms of Service (the “Terms”) constitute a legally binding agreement by and between, MedAdaptics , Inc a California Corporation (hereinafter, “MEDADAPTICS” or the “Company”) and you (“You” or “Your”) concerning Your use as a patient (“Patient”), healthcare provider (“Healthcare Provider”) or pharmacist (“Pharmacist”) or caregiver (“Caregiver”) of MedAdaptics’s portal located at http://www.MedAdaptics.com and/or related mobile applications (the “Website”) and the services and solutions available through the Website, consisting in providing a “response-guided medication therapy,” evaluating patient behavior and toxicity patterns in real time and automating treatment guidance, bridging the healthcare gap between the patient’s home, caregivers, pharmacy and physician’s office by simultaneously updating the care team when events occur and facilitating shared decision-making (the “Services”). By accessing, browsing, downloading, registering for, or using the Website and Services, you represent and warrant that you have read and understand, and agree to be bound by, this Agreement including any additional policies and future modifications. IF YOU DO NOT UNDERSTAND THIS AGREEMENT OR THE PRIVACY POLICY, OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND REFRAIN FROM USING THE SERVICES. You may be directed to give additional express consent by registering with the Website and/or using the Services. The Company may offer additional services or revise the existing services, at its sole discretion, and use of, or participation in, certain services may be subject to additional terms, for which you will have the opportunity to review and accept those Terms. The Terms take precedence over any alternative terms in any other document connected with the Services unless such alternative terms are part of a written supply agreement, which has been negotiated between the parties and which the parties have expressly agreed may override these Terms in the event of a conflict. Part A of these Terms shall apply to all users, while Part B will apply to the Patient (and), Part C to the Pharmacists (and other Pharmacy professionals), Part D will apply to the Healthcare Providers (including physicians and nurses) and Part E will apply to the Caregivers.

Should you have any questions or comments, do not hesitate to send them at info@medadaptics.com

PART A- GENERAL

  1. CHANGES TO THE TERMS OF SERVICES AND SERVICES. MEDADAPTICS RESERVES THE RIGHT TO CHANGE THE TERMS (OF SERVICE) AND ITS PRIVACY POLICY AT ANY TIME UPON NOTICE TO YOU, TO BE GIVEN BY: (I) THE POSTING OF A NEW VERSION; AND/OR (II) A CHANGE NOTICE ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS (OF SERVICE) AND THE PRIVACY POLICY PERIODICALLY. IF AT ANY TIME YOU FIND EITHER UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE USING THE SERVICES. You will be deemed to have agreed to any such modification or amendment by your decision to continue using the Website or Services following the date in which the modified or amended Terms and/or Privacy Policy is posted on the Website. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used.

  1. CHANGES TO THE SERVICES. MEDADAPTICS reserves the right to make any changes to, or discontinue in whole or in part, the Services, as well as any functionality of the Website or underlying software and/or platform, database, at any time and at its sole discretion. From time to time, the Company may offer new "beta" features or tools with which its users may experiment on the Services. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at the Company's sole discretion.

  1. REGISTRATION. This Website provides information and Services in the private area of the Website reserved for registered users. Registration to the Website allows a registered user (“User”) full access to the information in the private area of the Website. By registering as a User:

    • You agree to abide by the Terms of Service, whose violation may result in the discontinuation of the registration with the Website.

    • You agree to provide the Company with true, accurate and complete information about yourself, and maintain and promptly update such information.

    • You agree not to assign, transfer or sublicense your rights as a User of this Website nor register for more than one account, create an account on behalf of someone else, or create a false or misleading identity on this Website.

    • You represent and warrant that you are at least 18 years old.

  2. TERM AND TERMINATION. You can discontinue your use as a User of the Website and/or Services at any time. The pharmacy associated with the care Team will be able to change, remove, add any member of the care Team (ie. designated Patient, Pharmacists and Pharmacy Professionals and/or Healthcare Provider and/or Caregiver). Patient will have the ability to add/remove any Caregivers. Healthcare Providers will have the ability to add/remove any member of his/her/its’ staff. The Terms shall automatically terminate in the event that You breach any of this Agreement’s representations, warranties or covenants. Such termination shall be automatic, and shall not require any action by MEDADAPTICS. Upon termination, all rights, licenses and obligations created by these Terms will terminate, except that Sections 6, 7, 16 will survive any termination of these Terms. Any termination of these Terms automatically terminates all rights and licenses granted to You under these Terms, including all rights to use the Website and Services. Subsequent to termination, MEDADAPTICS reserves the right to exercise whatever means it deems necessary to prevent Your unauthorized use of the Website and Services. If MEDADAPTICS, in MEDADAPTICS’s discretion, takes legal action against You in connection with any actual or suspected breach of this Agreement, MEDADAPTICS will be entitled to recover from You as part of such legal action, and You agree to pay, MEDADAPTICS’s reasonable costs and attorneys’ fees incurred as a result of such legal action.

  1. LIMITATION OF LIABILITY. To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, will Company or its affiliates, contractors, employees, officers, agents, counsel, or third party partners, licensors, or suppliers be liable for any special, indirect, incidental, consequential, punitive, or exemplary damages (including without limitation lost business, lost revenues or loss of anticipatory profits or any other pecuniary or non pecuniary loss or damage of any nature whatsoever) arising out of or relating the use or misuse of the Website, the Services, or any part thereof, even if Company has been advised of the possibility of such damages. To the fullest extent permitted by applicable law, in no event will Company or its affiliates, contractors, employees, officers, agents, counsel, or third party partners, licensors, or suppliers’ total liability to you for all damages, loses, and causes of action, arising out of or relating the use or misuse of the Website, the Services or any part thereof, (whether in contract, tort, warranty or otherwise) exceed the amount paid by You, to Company during the two months period immediately preceding the date of the claim or fifty US dollars, whichever is lesser. You agree to indemnify, save, and hold Company, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Website, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Company, and you agree to cooperate with Company's defense of these claims. Company will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

  1. Applicable law and jurisdiction. If any provision of these Terms is determined to be invalid or unenforceable under any applicable law, it shall be deemed omitted and the remaining provisions shall continue in full force and effect. These Terms may be modified only in writing authorized by MEDADAPTICS. MEDADAPTICS's waiver of any right shall not constitute a waiver of that or any other right in the future. These Terms shall be governed by and construed in accordance with the laws and in the state and federal courts of the State of California, USA. This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof, and all prior agreements, representations, statements, and undertakings, oral or written, are hereby expressly superseded and canceled.

  1. ELIGIBILITY. BY USING THE WEBSITE OR SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW. This Agreement is void where prohibited.

  1. PRIVACY POLICY. By using the Website, You consent to the collection and use of certain information about you, as specified in the Privacy Policy of MEDADAPTICS. Users of the Website should frequently check MEDADAPTICS’s Privacy Policy for changes.

  1. LICENSE. Subject to your compliance with the terms and conditions of this Agreement, MEDADAPTICS grants you a non-exclusive, non-sublicensable, revocable, non-transferable license to use the Website and Services. The website and services are for your personal and non-commercial use. The Website, or any portion of the Website, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without the express written consent of MEDADAPTICS. You agree to keep intact all copyright, trademark and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of the Company's intellectual property rights. All trademarks, service marks, and trade names are property of the Company. Except as expressly set forth herein, this agreement grants you no rights in or to the intellectual property of MEDADAPTICS or any other party. The license granted in this section is conditioned on your compliance with the terms and conditions of these Terms. In the event that you breach any provision of these Terms, your rights under this section will immediately terminate.

PART B- PATIENTS

  1. THE WEBSITE DOES NOT PROVIDE PROFESSIONAL MEDICAL ADVICE; NO DOCTOR-PATIENT RELATIONSHIP. MEDADAPTICS provides the Website and Services only and as a platform enabling the healthcare team to interact with Patient. THE WEBSITE AND MEDAPAPTICS SERVICES DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL ADVICE, DIAGNOSIS, TREATMENT, THERAPY OR MEDICAL OPINION. The Website and Services are not a substitute for the advice of a medical professional, and the information made available on or through the Website and Services should not be relied upon when making medical decisions, or to diagnose or treat a medical or health condition. If You require medical advice or services, you should consult a licensed medical professional. The fact that the Patient has mentioned in his profile the name of a medical professional does not warranty that such medical professional will take action or make any medical decision.YOU HEREBY AGREE THAT, BEFORE AND WHEN USING THE WEBSITE AND SERVICES, YOU SHALL CONSULT YOUR PHYSICIAN INCLUDING OUTSIDE THE WEBSITE.YOU FURTHER ACKNOWLEDGE THAT THE COMPANY’S WEBSITE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS SUCH AS LIFE SUPPORT OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE COMPANY’S WEBSITE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL DAMAGE.

  1. MEDICATION DATABASE. MEDADAPTICS medication database contains information entered directly by MEDADAPTICS and information entered by MedAdaptics members themselves (“Medication Log Database”). MEDADAPTICS DOES NOT (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY MEDICAL INFORMATION DISPLAYED ON THE WEBSITE. UNDER NO CIRCUMSTANCES WILL MEDADAPTICS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON ENTERING MEDICAL AND MEDICATION INFORMATION. You are solely responsible for ensuring that any medical information in the Medication Log Database is accurate, complete and useful. This Website is provided "as is", “as available”, and “with all faults” and without warranties or representations of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, the Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, accuracy, reliability, non-infringement, or warranty related to any data, including third-party software, commercial content, Website Services, applications made available in conjunction with or through the Website. In no way does the Company warrant the Website or its operation will be error-free or uninterrupted. In no way does Company warrant that defects will be corrected, or that the site is free from viruses and the like.

  1. RELIANCE ON THIRD-PARTY CONTENT. MEDADAPTICS DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY INFORMATION ON THE WEBSITE; OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY A THIRD-PARTY BY MEANS OF THE WEBSITE AND SERVICES. UNDER NO CIRCUMSTANCES WILL MEDADAPTICS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO OR BY ANY THIRD-PARTY.

  1. RISK ASSUMPTION. YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING MEDADAPTICS’S WEBSITE AND SERVICES. YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY MEDADAPTICS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL CLAIMS, ACTIONS OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF SERVICES OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE WEBSITE AND SERVICES.

  1. ACCOUNT PROTECTION, USER INFORMATION AND PASSWORD PROTECTION. In connection with your use of certain Services, You are required to complete a registration form. You represent and warrant that all user information You provide on the registration form or otherwise in connection with your use of the Website and Services will be current, complete and accurate, and that you will update that information as necessary to maintain its completeness and accuracy by visiting your personal profile.You will also be asked to provide a user name and password in connection with your use of certain of the Services. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, user name, or password of any other member at any time. You agree to notify MEDADAPTICS immediately of any unauthorized use of your account, user name, or password. MEDADAPTICS will not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by MEDADAPTICS, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.

  1. YOUR INTERACTIONS WITH HEALTH CARE PROVIDERS AND PHARMACISTS. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH YOUR HEALTH CARE PROFESSIONAL(S), PHARMACISTS, CASE MANGERS, TECHNICIANS OR OTHER PROVIDER(S) AQND PROFESSIONALS. IF YOU WISH TO HAVE THEM ACCESS YOUR PERSONAL MEDICATION LOG DATABASE, YOU WILL DO SO AT YOUR SOLE DISCRETION AND AT YOUR SOLE RISKS.

  1. CONSENT TO RECEIVE EMAIL FROM MEDADAPTICS.COM. By registering with the Website, you thereby consent to receive periodic email communications regarding the Services, new product offers, promotions and other matters. As part of registration, you may also elect to receive periodic MEDADAPTICS newsletters. You may opt-out of receiving newsletters at any time by (a) following the unsubscribe instructions contained in each newsletter; or (b) changing the email preferences in your account.

  1. CONSENT TO SHARE DATA COMMUNICATIONS WITH HEALTHCARE COMPANIES. By registering with the Website, you thereby consent to MEDADAPTICS share member data with Health Care Companies, Pharmacies and advertisement agencies communications.

PART C- PHARMACISTS AND OTHER PHARMARCY PROFESSIONALS

  1. ACCOUNT PROTECTION, USER INFORMATION AND PASSWORD PROTECTION. In connection with your participation to the use of certain Services, as a pharmacist duly authorized by registered patients registered with the Website, You will have access to such patients’ personal information.You may monitor the Patients data and determine possible next steps, override the medication program, on a real time basis, and modify the therapy guidance.You will also be asked to provide a user name and password in connection with your use of certain of the Services. You are entirely responsible for maintaining the confidentiality of your password and preventing unauthorized access by third parties of the patients’ personal information. You agree to notify MEDADAPTICS immediately of any unauthorized use of your account, user name, or password. MEDADAPTICS will not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You and your employer may be held liable for any losses incurred by MEDADAPTICS, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.You agree to indemnify, save, and hold Company, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your medical advices and services provided to the Patient, using or misusing the Website or the Services.

PART D- HEALTHCARE PROVIDER

  1. ACCOUNT PROTECTION, USER INFORMATION AND PASSWORD PROTECTION. In connection with your participation to the use of certain Services, as a healthcare provider duly authorized by patients registered with the Website, You will have access to such patients’ personal information. You will also be asked to provide a user name and password in connection with your use of certain of the Services. You are entirely responsible for maintaining the confidentiality of your password and preventing unauthorized access by third parties of the patients’ personal information. You agree to notify MEDADAPTICS immediately of any unauthorized use of your account, user name, or password. MEDADAPTICS will not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You and your employer may be held liable for any losses incurred by MEDADAPTICS, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password. You may monitor the Patients data and determine possible next steps, override the medication program, on a real time basis, and modify the therapy guidance.You agree to indemnify, save, and hold Company, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your medical advices and services provided to the Patient, using or misusing the Website or the Services.

PART E- CAREGIVER

  1. ACCOUNT PROTECTION, USER INFORMATION AND PASSWORD PROTECTION. In connection with your participation to the use of certain Services, as caregiver duly authorized by one Patient registered with the Website, You will have access to such Patients’ personal information (and not other patient’ information), except that You will not be able to report health and toxic reactions like a Patient.You will also be asked to provide a user name and password in connection with your use of certain of the Services. You are entirely responsible for maintaining the confidentiality of your password and preventing unauthorized access by third parties of the patients’ personal information. You agree to notify MEDADAPTICS immediately of any unauthorized use of your account, user name, or password. MEDADAPTICS will not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by MEDADAPTICS, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.You agree to indemnify, save, and hold Company, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your medical advices and/or services even on a pro bono basis, provided to the Patient, using or misusing the Website or the Services.