PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE, THEY MAY HAVE CHANGED SINCE YOUR LAST VISIT.
The use of the Site and the Content is at your own risk.
When using the Site, information will be transmitted over a medium which is beyond the control and jurisdiction of Med Help, its partners, advertisers, sponsors and its suppliers. Accordingly, we assume no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site.
MED HELP DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. MED HELP DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. MED HELP DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
Specifically, we, our licensors, and its suppliers make no representations or warranties about the following:
Med Help makes no representations whatsoever about any other website that you may access through this Site. When you access a non-Med Help site, please understand that it is independent from Med Help, and that Med Help has no control over the Content on that website. In addition, a link to a non-Med Help website does not mean that Med Help endorses or accepts any responsibility for the Content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
MED HELP AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF MED HELP TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS ONE THOUSAND DOLLARS ($1,000.00)
Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred
If you submit, upload or post any comments, ideas, suggestions, information, files, videos, images or other materials to us or our Site (“User Generated Content”), you agree not to provide any User Generated Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to Med Help that you have the legal right and authorization to provide all User Generated Content to Med Help for the purposes and Med Help’s use as set forth herein. If you submit User Generated Content, you automatically grant, or, if you do not own the User Generated Content, warrant that the owner or licensor of such content has expressly granted us, a royalty-free, irrevocable, transferable right and license to use the User Generated Content however Med Help desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User Generated Content and/or incorporate such User Generated Content into any form, medium or technology throughout the world now known or hereinafter developed. We may sublicense its rights through multiple tiers of sublicenses. Med Help is and shall be under no obligation (a) to pay to you any compensation for any User Generated Content; or (b) to respond to any User Generated Content. Med Help does not regularly review posted User Generated Content, but does reserve the right (but not the obligation) to monitor and edit or remove any User Generated Content submitted to the Site. You grant Med Help the right to use the name that you submit in connection with any User Generated Content. You agree not to use a false email address, impersonate any person or entity or otherwise mislead as to the origin of any User Generated Content. You are and shall remain solely responsible for the content of any User Generated Content you make. Med Help and its affiliates take no responsibility and assume no liability for any User Generated Content submitted by you or any third party.
You agree to defend, indemnify and hold Med Help harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Med Help arising out of any User Generated Content you post or allow to be posted to the Site.
The Site feature interactive tools, journals, personal pages, message boards and other public forums (“Public Areas”) where users with similar interests or medical conditions can share information and support one another or where users can post questions for others to answer. By using the Site, including the Public Areas, you acknowledge and agree that the information contained therein, including responses from medical professionals, is intended solely for general educational purposes. The information contained on the Site, including the Public Areas, is not intended nor implied to be a substitute for professional medical advice relative to your specific medical condition. We do not guarantee monitoring or authentication of the information contained on the Site or the Public Areas for accuracy, safety, or reliability. Always seek the advice of your physician or other qualified health provider for any questions you may have regarding your medical condition, or prior to starting any new treatment.
MEDICAL EMERGENCY: If you think you may have a medical emergency, call 911 or your healthcare provider immediately.
IF YOU FEEL THREATENED: If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
ABUSE: In cases where you believe a person(s) has breached the terms and conditions of the Site, please contact us immediately. Do not attempt to contact the person yourself and do not post derogatory comments in any public areas on the Site.
We, our officers, directors, employees, affiliates, agents, attorneys, representatives and members make no endorsements of any particular product or treatment, make no representations and assume no liability relative to any Content, opinions, comments, e-mail addresses, and/or computer viruses which may be transmitted in any Public Area.
If you use a Public Area on the Site, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas.
In no event will we, our officers, directors, employees, affiliates, agents, attorneys, representatives, partners, sponsors, advertisers or other affiliated persons or entities be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon the information provided through the Site. You will hold us, our officers, directors, employees, affiliates, agents, attorneys, representatives, partners, sponsors, advertisers or other affiliated persons or entities harmless for any such actions or decisions taken by you in reliance upon such information.
By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes. You agree to allow us and all other persons or organizations involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use the information you submit to the Public Areas in connection with the operation of the Site.
Once the complete URL removal request is received in writing, we will make every reasonable effort to remove the posting in a timely manner.
We reserve the right (but are not obligated) to do any or all of the following:
We reserve the right to take any other action we deem necessary to protect the personal safety of our guests, visitors, or the public.
If you believe any materials accessible on or from this website infringe your copyright, you may request removal of those materials (or access thereto) from this website by contacting our copyright agent (identified below) and providing the following information:
In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of subscribers and account holders of this website who are repeat infringers.
All registered members of the Site are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to their passwords or accounts. It is the registered members’ sole responsibility to: (1) control the distribution of their passwords or account information; (2) authorize, monitor and control access to and use of their account and password; (3) inform us of any need to deactivate their password or change their registration, as soon as possible.
You expressly agree that exclusive jurisdiction for any dispute with us, or in any way relating to your use of the Site, resides in the courts of the Commonwealth of Massachusetts and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Commonwealth of Massachusetts in connection with any such dispute including any claim involving us or our affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
In the course of using our Services, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you and administer your use and enjoyment of our Services ("Personal Information"). Personal Information may include, but is not limited to, your name, email address, date of birth, zip code, IP address, demographics and health information. For example, when provided, we collect Personal Information like your email address, date of birth and zip code when you register as a member of My Med Help or update your member profile.
If you choose to use certain features, tools and services available in My Med Help to manage your health information, we will collect health information that you enter into those My Med Help features, tools and services. If you choose to use our Invite a Friend, Email This, or Share This service to tell a friend, family member or health care provider ("HCP") about our website, we will ask you for your name, your email address and your friend’s, family member’s or HCP’s email address.
In addition to collecting Personal Information that you provide, we may also monitor the use of our Services by collecting aggregate, anonymous, non-identifiable information ("Non-Identifiable Information"). Typically, Non-Identifiable Information tracks users’ patterns throughout our Services, and it may include information such as the type of browser you are using, the type of operating system you are using, the date and time stamp of your visit, domain name, referring URLs (the website you came from), statistics about the number of visitors to the Site, the number of pages visited, and user response rates. Non-Identifiable Information enables us to provide a more enjoyable and personalized experience on our Services, as well as to track errors.
When you use our Services, we may collect information about your use of the Services through the use of "cookies." Cookies are small pieces of information that a website transfers to the memory or hard drive on your computer, tablet, phone/PDA or other device. We use both session ID cookies and persistent cookies. A session ID cookie expires when you close your browser. Most web browsers have options that allow you to control whether or not to accept cookies. However, disabling cookies in your browser may prevent access to some parts of our Services.
Med Help cookies store tracking codes to enable our system to locate information from past visits to our website, but do not contain information that identifies you personally. The information collected by cookies (a) helps us dynamically generate advertising and content on web pages or in newsletters, (b) allows us to statistically monitor how many people are using our website and selected sponsors’ and advertisers’ sites, (c) determine how many people open our emails, and (d) for what purposes these actions are being taken. Cookies are also used to facilitate a user’s log-in, as navigation aids and as session timers.
Clear Gifs (Web Beacons)
We may use "clear gifs," also known as "web beacons," which are small graphic files that allow us to monitor the use of our websites. A clear gif is a type of technology placed on a website or within the body of an email for the purpose of tracking activity on websites, or when emails are opened or accessed, and is often used in combination with cookies. A clear gif can collect information such as the IP (Internet Protocol) address of the computer that downloaded the page on which the tag appears, the URL of the page on which the pixel tag appears, the time the page containing the pixel tag was viewed, the type of browser that fetched the pixel tag and the identification number of any cookie on the computer previously placed by that server.
Social Media Widgets
We do not knowingly collect or maintain Personal Information from any person under the age of thirteen. No parts of our Services are directed to or designed to attract anyone under the age of thirteen.
We use the information we collect, including Personal Information, to provide the Services, operate, improve and personalize the Services, provide customer service, administer our business activities, customize our advertising and marketing communications, make available products and services to our users or as otherwise described when we collect the information.
Personal Information that you enter into My Med Help tools is used to provide you personalized and clinically relevant information on your personalized My Med Help page and throughout the Services. My Med Help creates a personal home page specifically for your health information.
We may share and disclose information as described at the time the information is collected or as follows:
Disclosure to Med Help Staff and Moderators
Med Help staff and moderators sometimes have limited access to your Personal Information in the course of providing the Services to you and other members, to troubleshoot problems or resolve complaints.
Disclosure to Our Service Providers
We may share your information, including Personal Information, with our suppliers, agents, contractors, or other companies or individuals that provide services for or on our behalf ("Service Providers") in connection with the services they perform. These Service Providers include vendors and suppliers that provide us with technology, services and/or content for the operation and maintenance of our Services.
Disclosure to Third Party Contractor Websites
Disclosure for Legal Purposes
We may use or disclose Personal Information if we believe in good faith that such use or disclosure is necessary to (a) help identify any person attempting to break into or damage our Services, (b) to investigate, prevent, or take action regarding any illegal activities, (c) to comply with relevant laws, or legal or regulatory obligations, (d) to respond to subpoenas or warrants served on the Company, (e) to protect or defend the rights or property of Med Help or its customers, or (f) in response to a physical threat to you or others, to protect property or to defend or assert legal rights. Without limiting the foregoing, we may share Personal Information with law enforcement agencies if we believe that we have evidence of a violation of computer security or related laws.
Disclosure to or by Co-branded and Private Label Channel Partners
We may be a contractor to provide co-branded or privately labeled content and services to channel partner websites hosted and operated by companies other than us. You can access these co-branded or privately labeled content and services only through the channel partner or private label partner website. The co-branded or privately labeled web pages that you may access through a channel partner or private label partner website may have different registration processes and opportunities for information collection, and Personal Information that you provide on these pages may be shared with the channel and private label partners.
Disclosure to Third-Party Advertising Companies
Disclosure of Aggregate Information
We may combine any Non-Identifiable Information you provide with Non-Identifiable Information from other users to create aggregate information to display on the Med Help site. This aggregate information may also be disclosed to third parties. For example, we might inform third parties regarding the number of users of our Services and the activities they conduct while on our website. We might also inform a pharmaceutical company (that may or may not be an advertiser on our site) that "30% of our users live east of the Mississippi" or that "25% of our users have tried alternative medicine." Depending on the circumstances, we may or may not charge third parties for this aggregate information. We require parties with whom we share aggregate information to agree that they will not attempt to make this information personally identifiable, such as by combining it with other databases.
We may transfer information, including your Personal Information, in connection with a merger, sale, reorganization, acquisition or other change of ownership or control by or of Med Help or any affiliated company (in each case, whether in whole or in part). When one of these events occurs, we will use reasonable efforts to notify users before their information becomes subject to different privacy and security policies and practices.
The Services feature interactive tools, journals, personal pages, message boards and other public forums where users with similar interests or medical conditions can share information and support one another or where users can post questions for others to answer. Any information shared (including Personal Information such as health information) that you reveal in a journal, personal page, message board or online discussion is by design open to the public and is not a private, secure service. Some features, such as Journals, Photos, and Personal Pages allow you to set the privacy setting for each item you create. For such features, you can set the privacy setting to Private, Public, or Friends Only. Public information can be seen by everybody without limitation. Viewers do not have to be members of Med Help in order to view this data. Friends Only information can be viewed by other Med Help members that you have elected to add as a friend. Private information can only be seen when logged in under your user name or by Med Help administrators. You should think carefully before disclosing any Personal Information in any public forum. What you have written may be seen, disclosed to or collected by third parties and may be used by others in ways we are unable to control or predict, including to contact you for unauthorized purposes. As with any public forum on any site, this information may also appear in third-party search engines like Google, Yahoo and MSN. Med Help does not control the information indexed and cached by search engines. At your request, Med Help can remove Personal Information from the Med Help site, but cannot remove this information from search engines. Once the data has been indexed by a search engine, that information cannot be retrieved, deleted or modified by Med Help.
You can review, correct, update or change your profile, which includes Personal Information, online at any time by contacting us, or by going back to the specific tool, logging-in and making the desired changes. We remove Personal Information only at the request of the authorized user. In order to verify that it is the authorized user requesting removal of his/her Personal Information, we require you to send a signed statement, including your name, address, email address and birth date, to the address below authorizing Med Help to remove your Personal Information from our active databases and other readily searchable media. Upon receiving your request, your Personal Information stored in active databases and other readily searchable media will be removed so that you cannot be identified or associated with any Personal Information you previously provided. When we delete any information, it will be deleted from the active database, but may remain in our archives. We will not delete the posts or comments you've written in the communities or forums. Mail your requests to:
Attn: Record Removal
929 Market Street, Suite 300
San Francisco, CA 94103
Attn: Office of Privacy
929 Market Street, Suite 300
San Francisco, CA 94103