IN ADDITION, WHEN USING PARTICULAR FEATURES AND SERVICES ON THE SYSTEM, YOU WILL BE SUBJECT TO ANY POSTED GUIDELINES AND RULES APPLICABLE TO SUCH FEATURES AND SERVICES, ALL OF WHICH ARE INCORPORATED HEREIN BY REFERENCE.
For ease of reference, the System, including all of the features and functionality of both the mobile service and the website (referred to herein as the "Site"), together with all of its content (whether accessible wirelessly, electronically or downloadable for printing), shall be referred to herein as the "System", and all services provided by or otherwise made available to you by the System shall be referred to herein as the "Services".
Purpose of the System
The contents of this System, such as text, graphics, images, information and other materials contained on the Jointfully Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Jointfully Site.
The purpose of the System is to provide patients with digital health tools to better manage certain chronic conditions and to share information with those involved in the management of their care. This tools include electronic reminders concerning medication, a personal and password-protected database for entry and later access of data relevant to managed treatment of chronic conditions, and applications to permit those involved in the management or care of patients FOR NON-EMERGENCY REASONS ONLY of to access personal data of the patients and provide modified treatments via the System or electronic messages delivered through the System.
If you think you may have a medical emergency, call your doctor or 911 immediately. MicroHealth does not recommend or endorse any specific products, physicians, procedures, opinions, or other information that may be mentioned on the Site.
You represent that you understand that:
- You should not consider the content of the System to constitute medical advice or a substitute for seeing your healthcare provider responsible for your treatment and care of your condition. ALL OF THE MATERIAL PROVIDED ON THE SITE, SUCH AS TEXT, TREATMENTS, DOSAGES, OUTCOMES, CHARTS, PATIENT PROFILES, GRAPHICS, PHOTOGRAPHS, IMAGES, ADVICE, MESSAGES, FORUM POSTINGS, AND ANY OTHER MATERIAL PROVIDED ON THE SITE ARE FOR INFORMATIONAL PURPOSES ONLY. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING YOUR HEALTH. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THIS SITE. MICROHEALTH DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE SITE. RELIANCE ON ANY INFORMATION PROVIDED BY MICROHEALTH OR BY OTHER MEMBERS IS SOLELY AT YOUR OWN RISK.
- Healthcare providers and others involved in the management or care of patients are NOT responsible for any of the following: (i) logging into, or accessing, the System to review any data associated with patients or regarding patient condition; or (ii) obtaining or retrieving patient monitoring or other data from the System.
- Healthcare providers and others involved in the management or care of patients may, in their discretion, choose to deliver messages through the System, including regarding patient medications and treatment.
- The message center of the System should only be used for non-emergency issues. If you are a patient, you further represent that you understand that:
- If you experience any serious problem or need immediate medical assistance, you agree to immediately call your healthcare provider or 911 for emergency help.
- If you discover any inaccurate information regarding your condition on the System, you agree to immediately inform your healthcare provider.
- The clinical treatment and medications prescribed by your healthcare provider may be determined independent of, and without input from, the System.
MicroHealth grants you a non-transferable, non-exclusive personal license (a) to access and use the System, the Site and the Services, (b) to upload onto your personal cell phone, PDA or other handheld wireless communication device software from the System intended to facilitate communication with such devices, and to print from the System for your personal use only. No license is granted to any third party and you have no right to make available to anyone access to the System, the Site or the Services. You have no right or license to use the System, the Site or Services for the benefit of another, except if you are a licensed healthcare provider, or other individual involved in the management or care of a patient, and you are using the System for the benefit of the patient.
Ownership of Materials on the System
Except for Personal Information you may enter into your personal, password-protected page for the purpose of this service, we do not solicit nor do we wish to receive any personal, confidential, secret or proprietary information or other material from you either through the System, any of its services, by e-mail, or in any other way. Unless otherwise expressly agreed in writing prior to your submission to us, any comments, feedback, information or other material submitted or sent to us will be deemed not to be confidential or secret. By submitting or sending comments, feedback, information or other material to us you represent and warrant that the information and material is original to you and that no other party has any rights to the information or material. We shall have the unrestricted, worldwide right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any such information and material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that any "moral rights" in posted information and materials have been waived.
Your Personal Information is password protected, and any Personal Information you provide to the System is protected from unauthorized disclosure by reasonable technological measures. We recommend that you do not divulge your password to anyone. At no time will an employee of MicroHealth ask for your password. If you have any questions about your Personal Information, please contact email@example.com.
To evaluate the System and ensure that we are providing content and Services of interest to you, we may collect and store statistical information regarding how you use the System, the pages you visit, the name of your Internet Service Provider, the website that referred you to the System, the location of your IP address, and the time and date you use the System. We may also use your identity information to develop demographic information regarding System users. Such aggregated information will not identify you personally. We may share this aggregated, deidentified or statistical information with our partners, sponsors, affiliates, and other third-parties.
Finally, other Jointfully users may be able to search you and contact you through Jointfully. Users are allowed to freely post content in sections that are Community Oriented, such as Community Insights. We are not responsible for any potential damages or losses derived from direct contact with other users or for following the advice that other users may have posted in such sections.
Likewise, you agree not use Jointfully to contact users for commercial reasons without express consent of MicroHealth direct user solicitation. Failure to do so may result in termination of your account and public display of your identity to our users for their protection.
All brand, product and service names used in the System are the trademarks, trade names or service marks of Jointfully, unless otherwise stated. You may not distribute products or offer services under or by reference to or otherwise use or reproduce any such trademarks, trade names or service marks, or use any meta tags or any other "hidden text" utilizing any such trademarks, trade names or service marks, without the express prior written permission of MicroHealth or the owner of such trademarks, trade names or service marks.
Registration and Security
By entering any information on the System, you represent and warrant that: (i) you are at least 13 years of age; (ii) you are using your actual identity; (iii) you have provided only true, accurate, current and complete information; and (iv) you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete. Additionally, you agree to maintain the strict confidentiality of your account and any passwords issued to you for your use of or access to the System or any portion thereof, and you agree not to allow any other entity to use any username(s) or password(s) that are issued to you. You shall be responsible for all activity that occurs under your account or password. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. If you wish to cancel a username or password, or if you become aware of any loss, theft or unauthorized use of a username or password, please notify us immediately at firstname.lastname@example.org . We reserve the right to delete or change any username or password at any time and for any reason.
Modification of the System and/or the Services
We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the System, including, but not limited to, content, features or hours of availability. We may also impose limits on certain features of the System or restrict your access to part or all of the System without notice or penalty. We may suspend or terminate your account or your use of the System at any time, for any reason or for no reason at all.
Use Outside United States
MicroHealth makes no representation or warranty that the content of this System is appropriate, lawful, or available for use in countries other than the United States. If you use this System, including without limitation, the Site, you are responsible for compliance with all applicable laws.
Disclaimer of Warranties and Liability
THE SYSTEM IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, MICROHEALTH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT USE OF THE SYSTEM IS AT YOUR SOLE RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SYSTEM. NEITHER MICROHEALTH NOR ANY OF ITS PARTNERS REPRESENTS OR WARRANTS THAT THE SYSTEM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THE SYSTEM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DOES MICROHEALTH OR ITS PARTNERS MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF THE SYSTEM. IN THE EVENT OF ANY PROBLEM WITH THE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SYSTEM.
IN ADDITION, MICROHEALTH IS NOT RESPONSIBLE FOR TRANSMITTING INFORMATION ELECTRONICALLY FROM AND TO OUR SYSTEM USING EXTERNAL METHODS, SUCH AS EMAIL OR TEXT MESSAGING, WHOSE SECURITY IS NOT CONTROLLED BY MICROHEALTH BUT BY CARRIERS. BY USING OUR SYSTEM YOU AGREE THAT YOU ARE AWARE OF SUCH RISKS AND FREELY CHOSE TO USE THE SERVICE BECAUSE THE BENEFITS OUTWEIGHT THE RISKS.
You acknowledge that data entry and conversion is subject to human and machine errors, omissions, delays, and losses, including inadvertent loss or corruption of data or damage to media, that may give rise to loss or damage. You agree MicroHealth will not be liable for any such errors, omissions, delays, or losses, unless caused by MicroHealth’s gross negligence or willful misconduct. You are responsible for adopting reasonable measures to limit the impact of such problems, including backing up data, and adopting procedures to ensure the accuracy of input data; examining and confirming results prior to use of data; and adopting procedures to identify and correct errors and omissions and reconstruct data. You are also responsible for complying with all local, state, and federal laws pertaining to the use and disclosure of any data.
MicroHealth expressly disclaims any responsibility or liability for, and you agree MicroHealth will not be responsible or liable for: (A) Errors in data or data entry, whether caused by you or the hardware or communications medium used for data entry; (B) Errors in dating or filing data caused by you or the hardware or communications medium used for data entry; (C) Errors in therapeutic conclusions or interventional instructions cause by erroneous data or data entry; (D) Malfunction or loss of use of any hardware; (E) Loss or degradation of communications between you and Jointfully or Jointfully service provider for any reason not within control of the MicroHealth; (F) Injury to anyone associated with use of any hardware used for data or voice communication with the System or with MicroHealth; (G) Failure by you to correct erroneous data or to comply with proper instructions; (H) Errors resulting from unauthorized access to the System or associated data; and (I) Any damage or injury to anyone directly or indirectly resulting from use of or communication with the System or MicroHealth where the proximate cause of such damage or injury is not within the control of MicroHealth.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SOLE REMEDY FOR ANY CLAIM FOR DAMAGES ARISING OUT OF OR RELATED TO THE SYSTEM, INCLUDING WITHOUT LIMITATION, THE SITE, ANY SERVICE, OR ANY PRODUCT OR SERVICE ACQUIRED THROUGH THE SYSTEM SHALL BE LIMITED TO A REFUND OF ANY AMOUNT YOU PAID FOR SUCH PRODUCT OR SERVICE. UNDER NO CIRCUMSTANCES SHALL MICROHEALTH, OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS OR REPRESENTATIVES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING OR DISTRIBUTING THE SYSTEM OR ANY PART THEREOF, BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE SYSTEM OR ANY PRODUCTS OR SERVICES MADE AVAILABLE OR LISTED ON IT, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY IS HELD TO BE UNENFORCEABLE FOR ANY REASON, THEN OUR MAXIMUM LIABILITY FOR ANY OF THE FOREGOING TYPES OF DAMAGES SHALL BE LIMITED TO THE AMOUNT THAT MICROHEALTH RECEIVED FROM YOU FOR THE TRANSACTION THAT GAVE RISE TO THE CLAIM.
Term and Termination
The System is operated by MicroHealth Inc.
All formal notices to us shall be sent to email@example.com.
END-USER TERMS REQUIRED BY APPLE.
In addition to the other terms set forth herein, you further acknowledge and agree that: (i) this EULA is concluded between you and MicroHealth, and not Apple, In. (“Apple”); (ii) MicroHealth, and not Apple, is solely responsible for the Software; (iii) Apple has no responsibility whatsoever to furnish any maintenance and support services with respect to the Software; (iv) in the event of any failure of the Software to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price you paid for the Software; (v) to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software; (vi) Apple is not responsible for any claims that you have arising out of your use of the Software; (vii) Apple will have no responsibility whatsoever for the investigation, defense, settlement or discharge of any third-party claim that the Software infringes that third party’s intellectual property rights; and (viii) Apple and its subsidiaries are third party beneficiaries of this EULA and, upon acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Apple and the Apple logo are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc.
Google Play is a trademark of Google Inc. Android is a trademark of Google Inc. The Android robot is reproduced or modified from work created and shared by Google and used according to terms described in the Creative Commons 3.0 Attribution License.