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 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.
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.
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.
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.
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.
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.
“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:
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.
DESCRIPTION OF USERS AND ACCEPTANCE OF TERMS
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.
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.
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
You also authorize Us to use and/or share Information as described below:
THIRD PARTY SITES
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.
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
MedHelp c/o WebMD LLC
Office of Privacy
1201 Peachtree Street NE, 400 Colony Square, Suite 2100, Atlanta, GA 30361
or to [email protected]