PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE, THEY MAY HAVE CHANGED SINCE YOUR LAST VISIT.
Subject to the terms and conditions of this Agreement, We authorize you to view or download a single copy of the contents of the Website, including without limitation the files, documents, text, photographs, images, audio, video and User Generated Content (as defined below) and any materials accessed through or made available for use or download through this Website (collectively “Content”) solely for Your personal, noncommercial use if you do not remove the copyright and other proprietary rights notices which are contained in the Content or User Generated Content.
Except as expressly permitted by Us in this Agreement or otherwise in writing, You will not directly or indirectly copy, reproduce, modify, adapt, translate, distribute, transmit, download, upload, post, sell, rent, license, transfer, publicly perform, publicly display, mirror, frame, scrape, extract, wrap, create derivative works of, reverse engineer, decompile or disassemble any aspect of the Website or any of the Content, in whole or in part, in any form or by any means, whether manual or automatic. Further, You may not directly or indirectly use any metatags, meta elements, “hidden text” or other equivalents using the names "Medhelp", “VCS”, “Vitals Consumer Services” or any other colorable equivalent without the prior written authorization of VCS. You cannot use any aspect of the Website or the Content for commercial purposes or to establish independent data files or in violation of any applicable laws and regulations.
If You violate any of these Terms of Use, Your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
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:
If notified of an allegation that the Website contains infringing information, materials or other content, VCS may investigate the allegation and determine in VCS’s sole discretion whether to remove or request the removal of the same from the Website and from any other media or server where the infringing content may be stored or displayed by VCS. Notices to VCS regarding any alleged copyright infringement should be sent to MedHelp c/o WebMD LLC, Office of Privacy, 1201 Peachtree Street NE, 400 Colony Square, Suite 2100, Atlanta, GA 30361 or to [email protected]
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.
You represent and warrant to Med Help that you have the legal right and authorization to provide all information to Med Help for the purposes and Med Help’s use as set forth herein. You acknowledge and agree that by submitting, uploading or posting any comments, ideas, suggestions, information, files, videos, improvements, ideas, graphics, feedback, edits, concepts, comments, illustrations, images or other materials to Us or Our Website (“User Generated Content”), (other than information given in connection with registration) to VCS through the Website, 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: (i) Us a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, modify, delete in its entirety, adapt, publish, translate, 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. and publicly display and perform the User Generated Content throughout the world in any media, now known or hereafter created, without attribution, and (ii) VCS the right to take legal action against any person or entity that violates Your and/or VCS’s rights in Your User Generated Content. You forever waive any and all of Your rights, including but not limited to moral rights, if any, in and to Your User Generated Content, including, without limitation, any all rights or requirements of attribution or identification of You as the author of the User Generated Content or any derivative thereof. You further acknowledge and agree that Your User Generated Content is submitted by You without any restrictions or expectations of confidentiality (except as set forth in Our Privacy Policy) and does not contain proprietary information. You understand 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. You grant Med Help the right to use the name that you submit in connection with any User Generated Content.
Except as otherwise set forth in this Agreement, VCS will be entitled to use the User Generated Content for any commercial or other purpose whatsoever without compensation to You or any other person. We have no obligation to retain or provide You with copies of Your User Generated Content.
Your User Generated Content, including personally identifiable information contained therein, are made voluntarily and are subject to the Privacy Policy. You may expose yourself to liability by creating User Generated Content if for example Your User Generated Content is false, intentionally misleading, defamatory, or violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, contains material that is unlawful, including illegal hate speech and pornography, exploits or otherwise harms minors, or violates or advocates the violation of any law or regulation. 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 (at the VCS Parties’ (as defined below) option and at Your sole expense), indemnify, and hold the VCS Parties harmless from any damages, losses, costs, or expenses, including reasonable attorneys’ fees, which any VCS Party may incur as a result of Your User Generated Content.
Public Areas, which includes all areas of the Website where users may post content, are for the exchange of information and support ONLY. You should not include personally identifiable information (such as full name, address, or other information that would allow others to identify you or someone else) in any of your posts. In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms of Use:
You agree not to contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication.
VCS 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 Website. VCS retains the right to review and delete or remove from public view on the Website and delete from any other media or server where Your User Generated Content may be stored or displayed by or on behalf of VCS, any User Generated Content, which VCS in its sole discretion considers illegal, offensive, obscene, abusive, harassing, commercial in nature, infringing, inappropriate or otherwise violates the terms and conditions of this Agreement.
You should never post Your full name(s), e-mail addresses, telephone numbers or any other confidential or personally identifiable information of yourself or any person(s) or entities in a Public Area. If you disregard this warning and post personal or confidential information (yours or others) on the Website, which you later want removed, there is a fee of up to $25 to remove each posting. You must submit Your removal request in writing, including the URL(s) you want removed. Also you must include Your User ID and Password along with a U.S. check or money order for up to $25 for each URL you wish to have removed to the contact indicated at the end of these Terms of Use.
Once the complete URL removal request is received in writing, We will make every reasonable effort to remove the posting in a timely manner.
Access to certain areas of the Website, the Content and the Products and Services are limited by a user identifier (“User ID”) and password, which are selected and/or supplied by You as part of registering for an account via the Website (“Your Account”). By registering for an account, You represent, warrant and agree that: (i) You are at least 18 years of age, or if You are under age 18 but above 13, You are creating an account with the consent of a parent or legal guardian (ii) You are using Your actual identity, (iii) You have provided only true, accurate, current and complete information about You during the registration process, and (iv) You will maintain and promptly update the information that You provide to keep it true, accurate, current and complete.
Your Account is for Your personal, non-commercial use only. You may not impersonate someone else. By logging onto Your Account using a password, You represent, warrant and agree that You are authorized to use such password and to engage in the activities that You conduct thereunder. You further agree that You will be solely responsible for the maintenance and security of Your User ID and password. You also agree that You will be solely responsible for any activities conducted on or through Your Account regardless of whether or not You are the individual who undertakes such activities. This includes any unauthorized access and/or use of Your Account. You will inform Us of any need to deactivate Your password or change Your registration, as soon as possible. Accordingly, You release and hold harmless VCS Parties from any and all claims and causes of action arising out of or resulting from a third party’s unauthorized use of Your Account. Your User ID and password are unique to You, and You agree not to disclose or share Your User ID and password to or with any third party.
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation: (1) accessing data not intended for You or logging onto a server or an account You are not authorized to access; (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (3) accessing or using the Website or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law. Violations of system or network security may result in civil or criminal liability. Med Help will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website.
VCS reserves the right to deny or revoke Your access to the Website, Your Account, or any part thereof, or delete or change Your Account password at any time in its sole discretion, with or without cause. Your access to the Website will terminate upon the termination of this Agreement for any reason at the sole discretion of VCS. If You wish to cancel Your Account password, or if You become aware of any loss, theft or unauthorized use of Your Account password, please notify VCS immediately by sending an e-mail to [email protected] or writing to MedHelp c/o WebMD LLC, Office of Privacy, 1201 Peachtree Street NE, 400 Colony Square, Suite 2100, Atlanta, GA 30361.
VCS reserves the right to view, monitor, and record activity on the Website without notice or permission to You. VCS may monitor or review any areas on the Website where Users transmit or post communications or communicate solely with each other, for the purpose of promoting its efficiency, usefulness, appropriateness of use and compliance with this Agreement. However, VCS has no obligation to monitor, moderate or review any or all User Generated Content, or every posting or communication, and VCS disclaims any liability related to the content of any such postings and communications, whether or not arising under the laws of copyright, trademarks, libel, defamation, privacy, obscenity, or otherwise.
VCS is not responsible for screening, policing, editing or monitoring the User Generated Content and other third party statements posted or displayed on the Website, including, without limitation, all third party advertising posted or displayed on the Website. While VCS, from time to time and in its discretion, may monitor the content of the User Generated Content and other third party communications posted or displayed on the Website, VCS does not endorse, support, sanction, encourage, verify, or necessarily agree with the User Generated Content and other comments, opinions, or statements posted on the Website by Users and other third parties. Any information or material placed on the Website by Users or other third parties, including advice and opinions, are solely the views and responsibility of those posting such information or material, and do not necessarily represent the views of VCS. VCS reserves all of its rights to discontinue in its sole discretion the Products and Services provided on the Website in general or to any User at any time.
Subject to the terms of the Privacy Policy, VCS may disclose to third parties any records, electronic communications, information, materials or other content of any kind (i) if VCS believes in good faith that the law or legal process requires it, (ii) if such disclosure is necessary or appropriate to operate the Website, or (iii) to protect VCS’s rights and property or the rights and property of VCS’s Users and business partners.
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.
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 Website, please contact Us immediately. Do not attempt to contact the person yourself and do not post derogatory comments in any public areas on the Website.
The Website contains Content including software, data, text, graphics, images, and other materials provided by or on behalf of VCS. All right, title and interest in and to the Content, including without limitation the graphical display and arrangement of the Website and the Content, and all intellectual property rights embodied therein, are the property of VCS or its licensors or suppliers, including any of the Content that may be stored or displayed by VCS on other media or servers. The Website and the Content contained and referenced therein are for informational purposes only. Any reproduction, retransmission or other use is strictly prohibited, except as otherwise provided by this Agreement or by VCS’s express authorization. Requests for permission to reproduce any of the Content may be made by sending an e-mail [email protected] or writing to MedHelp c/o WebMD LLC, Office of Privacy, 1201 Peachtree Street NE, 400 Colony Square, Suite 2100, Atlanta, GA 30361. All rights not expressly granted herein are reserved to Us and Our licensors, partners, sponsors, and/or suppliers. Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use this Website or any Content displayed on this Website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Use; or (b) with Our prior written permission.
“Med Help” and “Vitals Consumer Services” are all trademarks or service marks (individually and collectively, the “VCS Marks”) owned by Us. All other trademarks, service marks, domain names, logos, and company names (collectively “Other Marks”) displayed or referred to on the Website are trademarks, registered trademarks, service marks, domain names, logos, company names of or are otherwise the property of VCS or their respective owners.
Except as provided in this Agreement, VCS does not grant You any rights in or to the VCS Marks or the Other Marks. You agree that You shall not use the VCS Marks or the Other Marks in any manner inconsistent with the provisions of this Agreement, without the prior written authorization of Us or the respective owners of the Other Marks as the case may be. Requests to use the VCS Marks or other VCS Marks for purposes other than stated in this Agreement may be made by sending an e-mail to [email protected] or writing to MedHelp c/o WebMD LLC, Office of Privacy, 1201 Peachtree Street NE, 400 Colony Square, Suite 2100, Atlanta, GA 30361.
We own and will continue to own all right, title, and interest in and to (i) the Website, including, without limitation, all source code, object code, operating instructions, and interfaces developed for or relating to the Website; (ii) all modifications, enhancements, revisions, changes, copies, partial copies, translations, compilations, improvements, and derivative works of the foregoing, and all intellectual property rights therein; and (iii) any Content. Except as expressly permitted in this Agreement, You have no rights in or to any of the foregoing.
Without limiting anything else contained in this Agreement, You agree and acknowledge that:
Internet websites and mobile applications that are not owned, operated or controlled by VCS (“other websites and applications”) may link to or from Our Website. Such other websites and applications contain information created, published, maintained, or otherwise posted by third-parties not related to and otherwise independent of VCS and over which VCS has no control. VCS does not endorse, approve, certify, maintain, or control these other websites and applications and does not guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of information located at such addresses or on such applications. VCS provides the links only as a convenience. Use of any information obtained from such other websites and applications is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness as well as those other websites’ and applications’ respective terms of use and privacy policies. Once You leave the Website, Our terms and policies no longer govern, and therefore, You should review the terms and policies of the other websites and applications. Neither the inclusion of the link on the Website nor reference on the other websites and applications to any provider, product, process, or service by name, trade name, trademarks, service mark, manufacturer, or otherwise constitutes or implies endorsement, recommendation, or referral by VCS. You acknowledge and agree that VCS shall not be liable for any damages or injury resulting or arising from the content of or access to such other websites and applications. Moreover, any information that You provide to third-parties accessed through a link on Our Website are subject to the privacy policies of that third party, and not VCS.
VCS does not endorse the individuals, companies or other similar entities, or any products or materials associated with such individuals, companies or other similar entities, which provide a link to Our Website. Unless approved in writing in advance by VCS, You agree not to: (i) provide or create a link to Our Website, or (ii) create any frames at any other websites or mobile applications pertaining to any of the Content located on Our Website.
NONE OF VCS, ITS AFFILIATES, SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONTENT PROVIDERS, CUSTOMERS, SUPPLIERS OR ANY THIRD PARTIES MENTIONED ON THIS SITE (COLLECTIVELY, THE “VCS PARTIES”) ENDORSE ANY USER, PRODUCT, SERVICE, HEALTH CARE PROVIDER OR ANY SUBMISSION POSTED BY ANY USER OR ENTITY (INCLUDING, WITHOUT LIMITATION, ANY OPINION, RECOMMENDATION OR ADVICE EXPRESSED BY ANY USER OR A HEALTHCARE PROVIDER).
YOU AGREE THAT YOUR USE OF THE WEBSITE AND THE CONTENT IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE AND THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES OR IMPROVEMENTS THERETO AT ANY TIME WITHOUT NOTICE. THE WEBSITE, AND ALL CONTENT, FUNCTIONS, AND MATERIALS MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED “AS IS”, “WITH ALL FAULTS” AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESSED OR IMPLIED. VCS PARTIES DISCLAIM, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ALL WARRANTIES EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF THE WEBSITE, THE CONTENT, OR ANY PRODUCTS, SERVICES OR RESULTS OBTAINED ON OR THROUGH THE WEBSITE.
NONE OF THE VCS PARTIES MAKE ANY REPRESENTATION WITH RESPECT TO, OR GUARANTY OR ENDORSE THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF ANY INFORMATION, MATERIALS OR OTHER DATA PROVIDED BY ANY THIRD PARTY INFORMATION PROVIDERS.
THE VCS PARTIES DO NOT REPRESENT OR WARRANT THE AVAILABILITY OF OR YOUR ACCESS TO THE WEBSITE, THAT THE WEBSITE AND YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER OR CODE THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NONE OF THE VCS PARTIES WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE WEBSITE AND/OR THE CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, APPLICABILITY OR OTHERWISE. YOU (AND NOT VCS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
NONE OF THE VCS PARTIES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT THE WEBSITE OR ANY OF THE CONTENT WILL ASSIST YOU FOR ANY PURPOSE. VCS PARTIES DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY WITH RESPECT TO ANY AGREEMENTS YOU MAY MAKE WITH OR PRODUCTS OR SERVICES YOU OBTAIN FROM THIRD PARTIES WHO OFFER PRODUCTS OR SERVICES ON OR THROUGH THE WEBSITE, AND YOU AGREE TO LOOK SOLELY TO SUCH HEALTHCARE PROVIDERS AND THIRD PARTIES WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF SUCH AGREEMENTS AND/OR SUCH PRODUCTS OR SERVICES.
This Agreement will take effect at the earlier of the time You click “I Agree” to this Agreement or that You access, browse or use the Website or any of the Content, and continues in perpetuity unless terminated by You in accordance with this provision and/or by VCS. VCS reserves the right, at any time and for any reason, without notice to You, (i) to deny You access to the Website and any of the Content, (ii) to change, remove or discontinue any of the Content or services available on or through the Website, or (iii) to terminate this Agreement.
The warranty disclaimers, limitations and exclusions of liability, reservation and grant of property rights and other terms and conditions of this Agreement which by their nature are intended to survive and will survive the termination or expiration of this Agreement for any reason.
Any notice or other document or communication required or permitted hereunder to VCS will be deemed to have been duly given only if in writing and delivered by any of the following methods:
Notices to VCS shall be deemed delivered when actually received by VCS.
Any notice or other document or communication from VCS required or permitted hereunder will be sent to the e-mail address that You provide when You register with Med Help (or any updated e-mail address that You may provide after registering). Such notice will be deemed received by You the business day after the e-mail is sent, whether or not You provided an accurate or current e-mail address.
Should You elect to send or receive e-mail communications of any kind to or from VCS, You represent and warrant to VCS that Your e-mail service has appropriate and adequate security systems necessary to prevent unauthorized access to outbound or inbound e-mail transmissions.
Except as set forth otherwise herein, VCS controls and operates the Website from the United States of America and makes no representation that the Website, the Content or the Products and Services made available to You through the Website is appropriate or available for use outside the United States of America. You are responsible for compliance with applicable local laws including, without limitation, all export and import laws. Some of the Content may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported: (i) into (or to a national or resident of) any country to which the U.S. has placed an embargo; (ii) to anyone in the US Treasury Department’s Specially Designated national list, or (iii) to anyone on the US Commerce Department’s Table of Denial Orders. If You download or use the Content, You represent and warrant that You are not located in, or under the control of, or a national or resident of any such country or on any such list.
Access, browsing and use of the Website, the Content and this Agreement, and all matters or issues collateral thereto are all governed by United States federal law and/or the laws of the State of New Jersey, without regard to any conflict of laws provisions that would refer to and/or apply the substantive laws of another jurisdiction.
SUBJECT TO THE MANDATORY ARBITRATION PROVISION BELOW, ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF, THE WEBSITE SHALL BE INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN THE STATE OF NEW JERSEY, U.S.A., AND YOU AND VCS AGREE TO SUBMIT TO THE JURISDICTION OF, AND AGREE THAT VENUE IS PROPER IN, THESE COURTS IN ANY SUCH LEGAL ACTION OR PROCEEDING.
Any controversy or dispute between You and VCS (the “parties”) concerning the Website, the Content, this Agreement and/or all matters or issues collateral thereto (each, a "Dispute”) shall be submitted to final and binding arbitration as the sole and exclusive remedy for such Dispute. Neither of the parties shall have the right to litigate any claim in court or to have the claim decided by a judge or jury. Discovery rights, such as each party’s rights to the exchange of prehearing information or prehearing taking of sworn testimony may also be limited in arbitration. Any claim shall be made by filing a demand for arbitration within one (1) year following the occurrence first giving rise to the claim. The right and duty of the parties to resolve disputes by arbitration shall be governed exclusively by the Federal Arbitration Act, and arbitration shall take place according to the Commercial Rules of the American Arbitration Association. The arbitration will be held in Lyndhurst, New Jersey. Each of the parties shall bear all of its own costs of arbitration, except that the fees of the arbitrator shall be divided equally between the parties. The arbitrator shall have no authority to amend or modify the terms of this Agreement or to award punitive or exemplary damages, and the award may be enforced by judgment. Before, during, or after arbitration each party shall have the right, without awaiting the outcome of the arbitration, to seek interim injunctive relief from an appropriate court including but not limited to temporary restraining orders or preliminary injunctions. Seeking any such remedies shall not be deemed a waiver of either party’s right to compel arbitration.
You agree that any arbitration or proceeding shall be limited to the Dispute between VCS and You individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
This Agreement constitutes the entire agreement between You and VCS with respect to Your use of the Website, the Content and the Products and Services, and supersedes any and all prior understandings or agreements between You and VCS, whether written or oral. You acknowledge that, in providing You access to and use of the Website, the Content and the Products and Services, VCS has relied on Your acceptance of this Agreement. Failure to insist on strict performance of any provisions of this Agreement will not constitute a waiver of any breach or failure of performance.
The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Limitations on Liability, Disclaimers, Indemnity, User Generated Content, Arbitration and Class Action Waiver, Jurisdiction; Compliance with Laws and Complete Agreement.
Privacy Policy effective on March 12, 2019
We at Vitals Consumer Services, LLC, together with our related, affiliated and/or subsidiary companies (collectively, “VCS”, "Med Help", "We", "Us" and "Our") have created this privacy policy (this “Privacy Policy”) because We know that you care about how information you provide to Us is used and shared. This Privacy Policy relates to the information collection and use practices of Med Help in connection with Our products and services (collectively, the “Products and Services”), which are made available to you through www.medhelp.org (the “Website). This Privacy Policy is subject to Our terms of use (“Terms of Use”) which are incorporated herein by reference (available at http://www.medhelp.org/legal/terms_of_use)
DESCRIPTION OF USERS AND ACCEPTANCE OF TERMS
For convenience, the words “User,” “You” and “Your” as used in this Privacy Policy refer to all users of the Website, including, without limitation, anyone that accesses or visits the Website and views only publicly-available content; individuals who have signed up for an Account; and any other individual or corporate user who posts content, materials and information.
OUR PRIVACY POLICY AND THE TERMS OF USE (accessible here http://www.medhelp.org/legal/terms_of_use) APPLY EACH TIME YOU ACCESS OR USE THE PRODUCTS OR SERVICES; PLEASE READ THEM CAREFULLY. WHEN YOU ACCESS OR USE THE PRODUCTS OR SERVICES, YOU ACCEPT THE PRIVACY POLICY AND TERMS OF USE AS IF YOU HAD SIGNED THEM, AND YOU CONSENT TO OUR COLLECTING AND USING YOUR INFORMATION AS DESCRIBED IN THE PRIVACY POLICY AND TERMS OF USE. THE TERMS OF USE CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU AND REQUIRE YOU TO RESOLVE ANY DISPUTE WITH US ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION. IF YOU DO NOT AGREE TO THE TERMS OF USE OR PRIVACY POLICY, DO NOT USE THE SERVICES. BY USING OUR SERVICES, YOU AGREE THAT YOU ARE ENTERING INTO A VOLUNTARY BUSINESS RELATIONSHIP WITH US FOR THE PURPOSE OF CONFORMING WITH ANY APPLICABLE FEDERAL, STATE AND LOCAL LAWS RELATING TO SOLICITATIONS, INCLUDING VIA EMAIL, TELEPHONE OR FAX. THE SITE IS INTENDED FOR USE ONLY WITHIN THE UNITED STATES.
CHILDREN'S INFORMATION
We do not knowingly collect Personal Information from children under the age of 13 through the Website. If You are under 13, please do not give Us any Personal Information. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce Our Privacy Policy by instructing their children to never provide Personal Information through any website without their permission. If You have reason to believe that a child under the age of 13 has provided Personal Information to Us, please contact Us, and We will endeavor to delete that information from Our databases.
CHANGES TO THIS PRIVACY POLICY
Please note that this Privacy Policy may change from time to time. Med Help will post any changes on this page. We encourage You to check back and review this Privacy Policy frequently for any updates or modifications. Your continued use of the Website will be deemed acceptance of the updated Privacy Policy.
If You have any additional questions or concerns about this Privacy Policy, please contact Us at:
MedHelp c/o WebMD LLC
Office of Privacy
1201 Peachtree Street NE, 400 Colony Square, Suite 2100
Atlanta, GA 30361
Email address: [email protected]
INFORMATION WE COLLECT/RECEIVE
In the course of operating the Website, Med Help will collect (and/or receive) the following types of information. You authorize Us to collect and/or receive such information.
Personal Information
For the purposes of this Privacy Policy, “Personal Information” is information that (i) You voluntarily provide to Us or is obtained by Us through Your Use of the Website, and (ii) that personally identifies You. Personal Information includes, but is not limited to, Your name, email or other address, fax number, mailing address, business address, phone number, date of birth, zip code, IP address, demographics, health information and other data that can be used to personally identify or contact You. In the course of using Our Products and 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 Products and Services. 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 (“Registration Information”).
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.
If You decide to post information in Public Areas, Your Personal Information may also contain sensitive personal information, including any confidential health information (if You choose to provide it) that You voluntarily provide.
From time to time, Med Help may communicate with You through postal mail, email, fax, telephone, or other forms of electronic communications regarding Your Account, inquiries You may make to Med Help customer service, the Products and Services and new Products and Services. If You respond to these communications, Your responses may also contain Personal Information.
You can decline to provide Your Personal Information to Us by not engaging in the activities described above, such as by not registering or creating an Account on the Website or by not using the Products and Services. If You decline to submit Personal Information, Med Help may not be able to or may choose not to provide to You some or all of its Products and Services. Accordingly, You can determine to a large extent what Personal Information You wish to provide to Us.
Other Information
In addition to the Personal Information, We may collect and/or receive additional Information (collectively, the “Other Information”). Such Other Information may include information:
HOW WE USE AND SHARE THE INFORMATION
Med Help only uses Your Personal Information and the Other Information (collectively, the “Information”) for the purposes and in the manner described in this Privacy Policy. Specifically, You explicitly consent to Med Help’s use of Your Information for:
You also authorize Us to use and/or share Information as described below:
THIRD PARTY SITES
This Privacy Policy applies only to information We collect at and through the Products and Services. The use of cookies by Our partners, affiliates, tracking utility company and service providers is not covered by Our Privacy Policy. Our partners, affiliates, tracking utility company and service providers use session ID cookies to make it easier for You to navigate Our Website. We do not have access to or control over these cookies. Some of Our affiliated companies administer sites, such as http://www.vitals.com/ which may be governed by their own separate privacy policies. Med Help permits third-party advertising companies and networks to place paid advertisements that may be visible when You visit, use and/or access the Website. These companies and networks include, among others, third party ad servers, ad agencies, advertising networks, advertising technology vendors, and research firms. Certain features of Our Products and Services also contain links to other websites and online services. If You choose to visit one of these websites, a third party service or an advertiser by clicking a banner ad or other type of advertisement, or click on another third party link, You will be directed to that third party’s website or online service. The fact that We provide a link to a website’s content or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of Our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. This Privacy Policy is not applicable to the websites or content of any such third parties. We do not exercise control over third party websites or services. We are not responsible for any use of Your information, including Your Personal Information, when You use or visit such third party websites, mobile applications and services.
Our third party network advertisers, along with other advertisers and sponsors on the Products and Services, may use cookies, web beacons or similar technologies (and, in the case of cookies, access them on Your computer if You choose to have cookies enabled in Your browser) to serve You advertisements tailored to interests You have shown by browsing on this and other sites You have visited, to determine whether You have seen a particular advertisement before and to avoid sending You duplicated advertisements. In doing so, the third party ad network provider collects non-personal data such as Your browser type, Your operating system, web pages visited, time of visits, content viewed, ads viewed and other clickstream data. The use of third party cookies, web beacons and similar technologies by these third party ad network providers is governed by each third party's specific privacy policy, not by Med Help. Please visit http://optout.networkadvertising.org/#!/ to learn more about the information collection practices and "opt-out" procedures of third party ad networks We may use. The Website does not have access to, nor control over, advertisers’ or ad service providers’ cookies or how they may be used or how they were collected. Other websites or services may follow different rules regarding the use or disclosure of the personal information You submit to them. We strongly encourage You to read the Privacy Policies or statements of any such third party websites and services that You may use. If You would like more information about this practice and to know Your choices about not having this information used to target ads to You, please visit the websites referenced below. In addition, You have the ability to accept or decline cookies by modifying the settings in Your browser or downloading a cookie management app such as Privacy Badger.
Med Help makes an effort to make it obvious to You when You leave Our Website and enter a third party website by requiring You to click on a link. In addition, if You see a phrase such as "Powered by" or "in association with" followed by the name of a company other than Med Help, then You are on a website hosted by a company other than Med Help.
You have options and choices about the collection and use of information by third-parties on Our site:
For more information about these third-party ad networks and opting out of tracking, see: http://www.networkadvertising.org/managing/opt_out.asp
For more information about interest-based information tracking and opting out, see: http://www.aboutads.info/choices/
For information about disabling and controlling third-party cookies in Your browser, see: http://www.aboutcookies.org/Default.aspx?page=1
PROTECTION OF YOUR DATA
We take reasonable and appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of Your Information, including Personal Information stored or maintained on Our servers and other systems. These measures include internal reviews of Med Help’s data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to servers and systems where Med Help stores personal data. However, no method of transmission over the internet or method of electronic storage is 100% secure. Therefore, We cannot guarantee the security of Your Information, including Personal Information.
CHOICES
WhenYou participate in certain services and activities, You will have the option of signing up to receive emails from Med Help as reminders or notifications. You can change these notification and reminder settings while updating Your profile or within the individual service itself (for example, Trackers). There are certain "relationship" or "transactional" emails that You cannot opt-out of, such as an email related to the security of your Med Help account. These emails will be sent to You as long as You are a member of Med Help. If You no longer wish to be a member of Med Help, please send a request to us at [email protected]
The Products and 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.
ACCESSING AND UPDATING TO YOUR INFORMATION
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:
MedHelp c/o WebMD LLC
Office of Privacy, 1201 Peachtree Street NE, 400 Colony Square, Suite 2100, Atlanta, GA 30361
If You have any questions or concerns regarding this Privacy Policy or if You do not receive adequate resolution of a privacy related problem, You may write to Med Help's Privacy Office at:
MedHelp c/o WebMD LLC
Office of Privacy
1201 Peachtree Street NE, 400 Colony Square, Suite 2100, Atlanta, GA 30361
or to [email protected]