Terms and Conditions
Introduction
In these Terms of Use, the words "we", "us", "our" and "Know Your Meds" refer to Know Your Meds Inc. as well as any affiliate company that it owns or controls, and to our provision of the Services (as defined below). The words "you" and "your" refer to anyone who accesses or uses any portion of the Services , and to anyone claiming through such person.
COPPA Disclaimer
We do not direct the Services towards children under the age of 13, nor do we knowingly collect any information from children we know to be under the age of 13.
Consideration
Your use of any of: (1) the Know Your Meds website at www.knowyourmeds.com or www.knowyourmeds.org or any affiliated website or any subdomain of any of the foregoing ("Site"), (2) the Know Your Meds app ("App"), or (3) any of the information, content, data, functionality, or services, available on or through the Site or App, including that available from other sites or parties we partner with or through other sites we link to, and regardless of the means or medium by which it is presented to you (together, the "Services") are contingent on your agreement and continuing adherence to the terms and conditions ("Terms") described below.
Future Changes
We may at any time in the future modify these terms and conditions. Those modifications shall be effective immediately when they are posted on the Site or App. You agree to review the agreement periodically to be aware of such modifications. Each access or use by you of the Site, App, or Services, constitutes your acceptance of the Terms posted at the time of your access or use.
Requirement
If you do not agree with the Terms you may not make any use of the Site, App or Services. Any such use you do make is at your sole risk.
Provided As-Is
THE SITE, APP, AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND WE DO NOT WARRANT THAT YOUR USE THEREOF WILL BE FREE OF ERROR, DEFECT, RISK (INCLUDING, AS EXAMPLES, COMPUTER VIRUSES OR OTHER MALICIOUS CODE), DISRUPTION, OR UNAVAILABILITY. THE SERVICES ARE NOT INTENDED TO COVER ALL POSSIBLE USES, DIRECTIONS, PRECAUTIONS, ADVERSE EFFECTS, OR INTERACTIONS WITH OTHER DRUGS, SUPPLEMENTS, OR OTHER SUBSTANCES. THE SERVICES SHOULD NOT BE CONSTRUED TO INDICATE THAT USE OF A PARTICULAR DRUG (OR OTHER COURSE OF TREATMENT) IS SAFE, APPROPRIATE OR EFFECTIVE FOR YOU OR ANYONE ELSE.
ALWAYS CONSULT THE ADVICE OF A QUALIFIED HEALTHCARE PROFESSIONAL IMMEDIATELY IF YOU HAVE QUESTIONS OR CONCERNS ABOUT A MEDICAL CONDITION, ISSUE, OR TREATMENT, OR BEFORE CHANGING ANY DIET OR COMMENCING, CHANGING, OR DISCONTINUING ANY COURSE OF TREATMENT.
DISCLAIMER
WE DO NOT PROVIDE MEDICAL ADVICE OR DIAGNOSIS. THE SERVICES DO NOT CONSTITUTE MEDICAL OR HEALTHCARE PRACTICE. WE DO NOT ENDORSE, NOR DO WE WARRANT, THE APPROPRIATENESS, ACCURACY, TIMELINESS, EFFECTIVENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, APPLICABILITY TO A PARTICULAR PERSON, OR SAFETY OF ANY MEDICAL OR PHARMACEUTICAL TREATMENT OR SERVICE PROVIDER, OR OF ANY PORTION OF THE SERVICES.
ANY USE OF THE SERVICES IS AT YOUR SOLE RISK. FOR ANY CLAIM, COMPLAINT OR FOTHER ISSUE ARISING OUT OF OR RELATED TO YOUR USE THEREOF: (1) WE DISCLAIM ALL LIABILITY FOR SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR OTHER DIRECT OR INDIRECT DAMAGES, REGARDLESS OF THEORY OF LAW ON WHICH SUCH DAMAGES MAY BE BASED; (2) YOUR SOLE, EXCLUSIVE REMEDY WILL BE TO DISCONTINUE YOUR USE OF THE SITE AND SERVICES. SOME JURISDICTIONS LIMIT THE EFFECT OF DISCLAIMERS OF CERTAIN DAMAGES, SO THE APPLICABILITY OF PORTIONS OF THIS PARAGRAPH MAY NOT APPLY TO YOU.
Intellectual Property
The term "KNOW YOUR MEDS" is our trade or service mark. Other marks displayed on the site are the property of their respective owners.
We provide you with Services for your own personal use and that provision is not transferable by you. You agree that you will not do or permit to be done any of the following: (i) copy, distribute, publish, translate (other than for your own personal and non-commercial use), or create derivative works from any Services, (ii) "data-mine", "web-scrape", "harvest", bulk download, access via automated means, reverse-engineer, or make commercial use of any portion of the Services, (iii) link to, re-frame, embed or take any action with regard to, any of the Services, in any way that makes it appear to end-users that any portion of those Services are being provided by any person or entity other than us.; or (iv) violate any applicable law or regulation.
Copyright & Takedown
The appearance, content and organization of the Site, App, and Services are our copyrighted property and are protected by international copyright laws. Unless you have our prior written permission, you may not reproduce, re-publish, re-transmit, modify, prepare derivative works from, or make commercial use of any portion thereof.
We respect intellectual property rights and comply with the Digital Millennium Copyright Act, as from time to time amended. If you reasonably believe that any portion of the Services violates your valid copyright, please send to [support@knowyourmeds.com] a notice containing each of the following:
Your name, mail address, email address, and telephone number.
A reasonably detailed description of the copyrighted work you believe the Site infringes.
The location(s) on the Site of any such alleged infringement.
Your statement, made in good faith, that you truthfully believe that any such infringement is unauthorized by the copyright owner (or that owner's representative) or by applicable law.
A statement, made and signed (by physical or valid electronic means) by you under penalty of perjury, that (a) the information in items (1)-(4) above is correct and (b) that you are either the copyright owner or their authorized representative.
Account Information
You are solely responsible for maintaining the confidentiality of any account information--including but not limited to any account name or password--that you use on the Site or App.
Reservation of Rights
We reserve the right, without prior notice and in our sole discretion, to update, edit, change or discontinue the Site or App, or any portion of the Services, or to suspend or terminate your access thereto.
Third Party Links and Resources
The Site may contain links to other websites operated by third parties or to information provided by third parties. These links do not represent any endorsement or sponsorship of (nor do we make any representation or warranty regarding) these other sites or the information and services they contain. These links are provided solely for your convenience. Your use of those sites will be subject to the terms, conditions, and policies posted there.
Jurisdiction & Choice of Law
For any dispute arising from or related to your use of the Site and Services, sole jurisdiction shall vest in the state and federal courts located in the Commonwealth of Massachusetts, United States of America.
Survival
Any section of these Terms of Use which by their nature would be intended to be continue past your use of the Site or App (including, but not limited to, those sections related to Intellectual Property, Copyright & Takedown, Disclaimer, Third Party Links and Resources, Jurisdictions & Choice of Law), will survive in perpetuity.
Severability
If any portion of these Terms of Use is adjudicated unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Merger
Other than any additional legal terms that we affix to, and that pertain specifically to, any particular Service available on or through the App or Site (which additional terms shall be deemed to augment these Terms of Use), these Terms of Use represent the entire agreement between us, you, and anyone claiming through you, that arise from or relate to any use of the App, Site, or Services.
Contact
Any questions related to the Site or Services should be sent to [support@knowyourmeds.com].
Updated: September 17, 2018.
