FOR ALL URGENT MEDICAL MATTERS, PLEASE CONTACT YOUR PHYSICIAN’S OFFICE BY PHONE, GO TO AN EMERGENCY ROOM, OR DIAL 9-1-1.
LICENSED APPLICATION END-USER LICENSE AGREEMENT
Last updated: February 2021
This End User License Agreement (this “Agreement”) is entered into by and between MedPharm Services, LLC (the “Application Provider”) and “You”, the individual user of the “Licensed Application”. Access to, use of, and/or browsing of the Licensed Application is provided subject to the terms and conditions set forth herein. The Licensed Application is licensed, not sold, to you.
BY CLICKING THE "AGREE" BUTTON, YOU (A) ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ AND UNDERSTAND THE ENTIRE TERMS AND CONDITIONS OF THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 16 YEARS OF AGE OR OLDER/OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS; AND (D) THAT YOUR ACCEPTANCE TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS IS VOLUNTARY AND IS NOT THE RESULT OF FRAUD, DURESS OR UNDUE INFLUENCE EXERCISED UPON YOU BY ANY PERSON OR ENTITY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, ACCESS, USE AND/OR BROWSE THE LICENSED APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE.
This Agreement is given by and between the Application Provider and You only, and not with Apple, Google, or their respective subsidiaries. As such, the Application Provider is solely responsible for the Licensed Application and the content thereof, and not Apple, Google, or their respective subsidiaries.
The license granted to You for this Licensed Application is a limited, non-exclusive, and non transferable license to:
- download, install, and use the Licensed Application for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you ("Mobile Device") strictly in accordance with the Usage Rules set forth in the Terms of Service of the Apple App Store, Google Play Store, or any other platform via which the Application Provider makes the Software available; and
You shall not:
- copy the Licensed Application, except as expressly permitted by this Agreement;
- modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Licensed Application;
- reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Licensed Application or any part thereof;
- remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Licensed Application, including any copy thereof;
- rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Licensed Application, or any features or functionality of the Licensed Application, to any third party for any reason, including by making the Licensed Application available on a network where it is capable of being accessed by more than one device at any time;
- remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Licensed Application;
- use the Licensed Application in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems, or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments.
RESERVATION OF RIGHTS
The Licensed Application is protected by the United States copyright laws. You acknowledge and agree that the Licensed Application is provided under license, and not sold, to You. You do not acquire any ownership interest in the Licensed Application under this Agreement, or any other rights thereto other than to use the Licensed Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Application Provider and its licensors and service providers reserve and shall retain any and all right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement. You and the Application Provider acknowledge that, in the event of any third party claim that the Licensed Application or Your possession and use of the Licensed Application infringe that third party’s intellectual property rights, the Application Provider, not Apple, Google, or their respective subsidiaries, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
COLLECTION AND USE OF YOUR INFORMATION
MEDICAL ADVICE DISCLAIMER
The Application Provider provides the Licensed Application and the services, information, content and/or data (collectively, “Information”) contained therein for informational purposes only. The Application Provider does not provide any medical advice on the Licensed Application, and the Information should not be so construed or used as medical advice. Using, accessing, and/or browsing the Licensed Application and/or providing personal or medical information to the Application Provider does not create a physician-patient relationship between You and the Application Provider. Nothing contained in the Licensed Application is intended to create a physician-patient relationship, replace the services of a licensed trained physician or health professional, or to be a substitute for medical advice of a physician or trained health professional licensed in your state. You should not rely on anything contained in the Licensed Application, and You should consult a physician licensed in your state in all matters relating to your health. You hereby agree that You shall not make any health or medical-related decision based in whole or in part on anything contained in the Licensed Application.
You hereby acknowledge that nothing contained in the Licensed Application shall constitute professional advice of any nature and that no professional relationship of any kind is created between You and the Application Provider. You hereby agree that You shall not make any decision based in whole or in part on anything contained in the Licensed Application.
The opinions expressed in the Licensed Application are not necessarily the opinions of the Application Provider and do not necessarily reflect the opinions of its affiliates, agents, creators, or licensors.
The Information in the Licensed Application may be changed without notice and is not guaranteed to be complete, correct, timely, current, or up-to-date. Similar to any printed materials, the Information may become out-of-date. The Application Provider undertakes no obligation to update any information on the Licensed Application; provided, however, that the Application Provider may update the Information at any time without notice in the Application Provider’s sole and absolute discretion. The Application Provider reserves the right to make alterations or deletions to the Information at any time without notice.
Furthermore, You and the Application Provider acknowledge that Apple, Google, or their respective affiliates and subsidiaries, have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
The content and services are based in the state of California in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the content and services outside of the United States and its territories and that access thereto may not be legal by certain persons or in certain countries. If You access the content and services from outside the United States, You are responsible for compliance with local laws.
The Licensed Application provides for the use of a password for You to protect your information including medical information. However, the Application Provider does not represent or warrant that the password cannot be broken, and your personal information becomes available to third parties. The uploading, emailing, or otherwise making available any information contained in the Licensed Application to a third party is Your sole responsibility.
You are responsible for the content You enter into the Licensed Application. You may not impersonate any other person through the use of the Licensed Application. You may not use the Licensed Application to distribute content or information that is obscene, defamatory, threatening, fraudulent, invasive of another person’s privacy rights, or is otherwise unlawful. You may not include content that infringes the intellectual property rights of any other person or entity. You may not include any content that contains any computer viruses, or any other code designed to disrupt, damage, or limit the functioning of any computer software or hardware.
By submitting or including content on the Licensed Application, You grant the Application Provider and any company substantially under the control of the Application Provider, the right to remove any content or comment that, in the Application Provider’s sole judgment, does not comply with the terms and conditions of this Agreement or is otherwise objectionable. You also grant the Application Provider and any company substantially under the control of the Application Provider the right to modify, adapt, and edit any content.
Application Provider may from time to time in its sole discretion develop and provide Licensed Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Application Provider has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:
- the Application will automatically download and install all available Updates; or
- you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the Licensed Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Licensed Application and be subject to all terms and conditions of this Agreement.
The Licensed Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that Application Provider is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Application Provider does not assume and will not have any liability or responsibility to You or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to You, and You access and use them entirely at your own risk and subject to such third parties' terms and conditions.
THIRD PARTY BENEFICIARY
You and the Application Provider acknowledge and agree that Apple, Google, or their respective subsidiaries, are third party beneficiaries of the End User License Agreement (EULA), and that upon Your acceptance of the terms and conditions of the EULA, Apple, Google, or their respective subsidiaries will have the right (and will be deemed to have accepted the right) to enforce the EULA against You as a third-party beneficiary thereof.
TERM AND TERMINATION
- The term of this Agreement commences when You download the Licensed Application and acknowledge your acceptance to the Agreement and will continue in effect until terminated by You or Application Provider as set forth herein.
- You may terminate this Agreement by deleting the Licensed Application and all copies thereof from your Mobile Device.
- Application Provider may terminate this Agreement at any time without notice if it ceases to support the Licensed Application, which Application Provider may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if You violate any of the terms and conditions of this Agreement.
- Upon termination:
- all rights granted to You under this Agreement will also terminate; and
- You must cease all use of the Licensed Application and delete all copies of the Licensed Application from your Mobile Device and account.
- Termination will not limit any of Application Provider's rights or remedies at law or in equity.
DISCLAIMER OF ALL WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION TO YOU ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE APPLICATION PROVIDER, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. WITHOUT LIMITATION TO THE FOREGOING, APPLICATION PROVIDER PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, IN THAT CASE, SOME OR ALL OF THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE APPLICATION PROVIDER OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, SHALL HAVE ANY LIABILITY TO YOU ARISING, FOR PROPERTY OR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF GOODWILL, BUSINESS INTERRUPTION, MOBILE DEVICE FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) WHETHER SUCH DAMAGES WERE FORESEEABLE OR IF APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, IN THAT CASE, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. In no event shall Application Provider’s total liability to You for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
You and the Application Provider acknowledge that the Application Provider, not Apple, Google, or their respective subsidiaries, is responsible for addressing any claims You or any third party may have relating to the Licensed Application, or your possession and/or use of the Licensed Application, including but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conforms to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
The Licensed Application is intended for persons sixteen (16) years or older. Persons under the age of sixteen (16) should not access, use and/or browse the Licensed Application. By accessing and using the Licensed Application You acknowledge that You are at least sixteen (16) years old.
You agree to indemnify and hold the Application Provider harmless from any claim or demand, including attorneys’ fees, made by any third party as a result of (1) any content posted or made available by You on this Licensed Application, (2) any violation of law that occurs by You through the Licensed Application, and/or (3) anything You do while using the Licensed Application and/or the Information contained therein.
If any provision of this Agreement is held to be invalid or unenforceable in whole or in part in any jurisdiction, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect
GOVERNING LAW, CONSENT TO JURISDICTION AND LIMITATION ON CLAIMS
This Agreement and your use of the Licensed Application, along with the Information contained therein, shall be governed by, and construed in accordance with the laws of the Commonwealth of Puerto Rico without regard to conflict of laws principles, and You agree to submit to the jurisdiction of courts in San Juan, Puerto Rico. You further agree that any claims or causes of action arising out of or related to this Agreement and the Licensed Application, along with the Information contained therein, shall be filed within one (1) year after such claim or cause of action arose, or such claim or cause of action shall be forever barred. Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
The Licensed Application may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You represent and warrant that (i) You are not located in a country that is subject to a United States Government embargo, or that has been designated by the United States Government as a “terrorist supporting” country; and (ii) You are not listed on any United States Government list of prohibited or restricted parties. You shall not, directly or indirectly, export, re-export, or release the Licensed Application to, or make the Licensed Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any United States-embargoed countries or (b) to anyone on the United States Treasury Department's Specially Designated Nationals List or the United States Department of Commerce Denied Persons List or Entity List. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Licensed Application available outside the US. You also agree that You will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, chemical or biological weapons.
You hereby acknowledge that this Agreement represents the entire understanding between You and the Application Provider concerning your use of the Licensed Application and the Information contained therein.
The Application Provider may, in the Application Provider’s sole and absolute discretion, modify the terms and conditions of this Agreement in whole or in part at any time for any reason without any notice to You, whether prior or otherwise. Such modified terms and conditions shall supersede these terms and conditions and shall become binding when published on the Licensed Application.
The Application Provider’s failure to exercise or enforce any right or provision of this Agreement shall not be deemed to be a waiver of such right or provision.
THE LICENSED APPLICATION AND THE INFORMATION CONTAINED THEREIN IS MADE AVAILABLE BY THE APPLICATION PROVIDER FOR EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE MEDICAL ADVICE. BY ACCESSING THE LICENSED APPLICATION, YOU UNDERSTAND AND ACKNOWLEDGE THAT THERE IS NO PHYSICIAN-PATIENT RELATIONSHIP BETWEEN YOU AND THE APPLICATION PROVIDER. YOU FURTHER ACKNOWLEDGE YOUR UNDERSTANDING THAT THE LICENSED APPLICATION SHOULD NOT BE USED AS A SUBSTITUTE FOR COMPETENT MEDICAL ADVICE FROM A LICENSED PHYSICIAN IN YOUR STATE.
THE LICENSED APPLICATION SHOULD NEVER BE USED FOR URGENT MATTERS. THE TURNAROUND TIME FOR A RESPONSE TO ELECTRONIC MESSAGES VARIES DEPENDING ON PHYSICIAN OR OTHER HEALTH CARE PROVIDER’S AVAILABILITY. THEREFORE, FOR ALL URGENT MEDICAL MATTERS, PLEASE CONTACT YOUR PHYSICIAN’S OFFICE BY PHONE, GO TO AN EMERGENCY ROOM, OR DIAL 911. ALL COMMUNICATIONS BETWEEN YOU AND THE APPLICATION PROVIDER USING THE LICENSED APPLICATION OCCUR OVER A SECURE CONNECTION. YOU WILL RECEIVE INTERNET E-MAIL MESSAGES NOTIFYING YOU THAT NEW INFORMATION IS AVAILABLE IN YOUR ACCOUNT. THESE E-MAIL MESSAGES, HOWEVER, WILL NOT CONTAIN ANY CONFIDENTIAL MEDICAL INFORMATION.