eHealthMe - Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site!

eHealthMe may revise and update these Terms and Conditions at any time. Your continued usage of the the Site will mean you accept those changes.

THE SITE DOES NOT PROVIDE MEDICAL ADVICE

USE OF CONTENT

LIABILITY OF EHEALTHME AND ITS CONTENT SUBMITTERS

USER SUBMISSIONS

PERSONALIZED Q&A

DRUG OUTCOME INFORMATION

SUBSCRIPTION SERVICES

CARE GUIDE PLANS

SPONSORSHIPS, ADVERTISEMENTS, SEARCHES AND LINKS TO OTHER SITES

INDEMNITY

GENERAL

JURISDICTION

NOTICE AND TAKE DOWN PROCEDURES; COPYRIGHT AGENT

COMPLETE AGREEMENT

THE SITE DOES NOT PROVIDE MEDICAL ADVICE.

The contents of the eHealthMe Site, such as text, graphics, images, information obtained from the Site users, and other material contained on the eHealthMe 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 eHealthMe Site!

If you think you may have a medical emergency, call your doctor or 911 immediately. eHealthMe 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 eHealthMe, users of eHealthMe, eHealthMe employees, others appearing on the Site at the invitation of eHealthMe, or other visitors to the Site is solely at your own risk.

The Site may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site.

USE OF CONTENT.

eHealthMe authorizes you to view or download a single copy of the material on the eHealthMe Site, after payment if applicable, solely for your personal, noncommercial use if you include the following copyright notice: " © 2018 eHealthMe.com. All rights reserved" and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the eHealthMe Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.

The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with eHealthMe. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of eHealthMe. All rights not expressly granted herein are reserved to eHealthMe.

If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

LIABILITY OF EHEALTHME AND ITS CONTENT SUBMITTERS.

The use of the eHealthMe Site and the Content is at your own risk.

When using the eHealthMe Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of eHealthMe and its content submitters. Accordingly, eHealthMe assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the eHealthMe Site.

The eHealthMe Site and the content are provided on an "as is" basis. EHEALTHME, ITS CONTENT SUBMITTERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, eHealthMe, and its content submitters make no representations or warranties about the following:

1. The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the eHealthMe Site.

2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the eHealthMe Site.

In no event shall eHealthMe, its content submitters, or any third parties mentioned on the eHealthMe Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the eHealthMe Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not eHealthMe, its content submitters, or any third parties mentioned on the eHealthMe Site are advised of the possibility of such damages. eHealthMe, its content submitters, or any third parties mentioned on the eHealthMe Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, or Content. Any claims arising in connection with your use of the Site, any Content must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

USER SUBMISSIONS.

The personal information you submit to eHealthMe is governed by the eHealthMe Privacy Policy. To the extent there is an inconsistency between this Agreement and the eHealthMe Privacy Policy, this Agreement shall govern.

If you make any such submission you agree that you will not send or transmit to eHealthMe by email, (including through the email addresses listed on the "Contact Us" link) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to eHealthMe by email, you agree such submission is non-confidential for all purposes.

If you submit any business information, idea, concept or invention to eHealthMe by email, you automatically grant or warrant that the owner of such content or intellectual property has expressly granted eHealthMe a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. eHealthMe may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to eHealthMe by email. We try to answer every email in a timely manner, but are not always able to do so.

PATIENT HEALTH INFORMATION YOU SUBMIT: eHealthMe site enables you to study healthcare data, get personal predictions, order tests or engage in community supports through our subscription services. By submitting the patient health information in eHealthMe, you have expressly granted eHealthMe a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, publish, translate, distribute, perform, and display the DE-IDENTIFIED communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Only accurate, true and complete experience is eligible to be reported in eHealthMe. The accuracy, integrity and completeness of the health information you enter are your responsibility, and we assume no liability for it. We also are not liable for any use or misuse of information transmitted or received by a third party you have authorized to access or use the eHealthMe site.

User submissions may be edited or not be displayed as determined by eHealthMe.

DRUG OUTCOME INFORMATION.

Drug outcome information on eHealthMe is reported voluntarily by patients and professionals on FDA MedWatch and eHealthMe Site. Companies may be required to report adverse events to FDA. Unless otherwise stated, all information is observation only and has not been supported by scientific studies or clinical trials. Every effort has been made to ensure that all information is accurate, up-to-date, and complete, but no guarantee is made to that effect.

PREDICTIONS INFORMATION.

Predictions on eHealthMe are calculated from reports voluntarily submitted by patients and professionals on FDA MedWatch and eHealthMe Site, and health care information in your profile. The accuracy, integrity and completeness of the health care information in your profile for predictions is your responsibility, and we assume no liability for it. Unless otherwise stated, all predictions are for informational purposes only, and are not substitute for medical advice, diagnosis, or treatment provided by a qualified healthcare provider, nor have been supported by scientific studies or clinical trials. Every effort has been made to ensure that all information is accurate, up-to-date, and complete, but no guarantee is made to that effect.

LABORATORY TESTS

We offer laboratory services for wellness monitoring. The tests, services or products found listed in our web site are not intended to diagnose, treat, or cure disease. We give no warranty that any of our services will prevent disease. All material is provided for educational purposes only and is not intended to be a substitute for a physician's consultation. Although eHealthMe encourages increased self-awareness and self-care, all readers are strongly encouraged to consult and work with an experienced health-care practitioner. eHealthMe does not engage in rendering medical advice or services. Individuals with health disorders, medical conditions, or any condition needing medical supervision assume full responsibility for obtaining such professional medical assistance. Consult your physician regarding any symptoms or medical condition. We specifically disclaim any expressed or implied warranties or merchantability of fitness for any particular usage, application or purpose. eHealthMe does not recommend self-diagnosis or self-medication, and no information within this web site or presented by eHealthMe or its associates may be construed or interpreted as recommending self-diagnosis or self-medication.

If a laboratory test result is outside normal range, you may be encouraged to see a physician. Many tests, to be validated, will need to be repeated at the discretion of a physician. Laboratory test results may vary depending upon age, sex, time of day blood sample is taken, diet, medications, and the limits of modern technology. A single laboratory test or group of tests cannot guarantee good health. False positive and false negative test results are possible. There are various medical diseases that cannot be uncovered by these tests alone. Testing by our medical staff only constitutes a partial evaluation of your state of health and does not represent a diagnosis or treatment of disease.

COMMUNITY

1. Services. Community is a service that enables authorized users to join groups in order to connect with other users.

2.License.

2.1 Subject to the terms of these TOS. eHealthMe grants you a non-sublicensable, non-assignable, non-exclusive license to use the Service, including the Site, for your personal purposes, in accordance with these TOS and the documentation or instructions supplied by eHealthMe.

2.2 License Restrictions. You shall not (and shall not allow others to): (a) make the Service available over a network or other environment permitting use by multiple users or otherwise transfer or distribute the Service; (b) reverse engineer, disassemble or decompile the Service or otherwise derive or attempt to derive the source code or structure of the Service (except as and only to the extent any foregoing restriction is prohibited by applicable law); (c) modify, reproduce, or create derivative works of the Service; (d) remove any copyright or other proprietary notices contained in the Service (e) directly or indirectly export or re-export the Service; or (f) remove, circumvent, or interfere with any digital rights management or security tools or other similar technologies available on or in the Service.

3. Registration for Service.

3.1. Registration for Service. You are required to create an account to use the Service.In creating an account you agree to provide truthful information; impersonating others or providing false information in connection with creating a user account is strictly prohibited. You agree (i) to provide accurate, current and complete information as may be prompted by eHealthMe in connection with Customer’s registration for and use of the eHealthMe Service; (ii) to maintain the security of the identification and password associated with the access and use of the eHealthMe Service; and (iii) to immediately inform eHealthMe if You become aware of any unauthorized access or use of the eHealthMe Service.

4.Restrictions on Use of the Services. You agree that you will not use the Services to: (a) upload or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited advertising, promotional materials, spam, chain letters, pyramid schemes or any other form of unsolicited messages, whether commercial or otherwise; (c) harvest or collect data regarding other users, including e-mail addresses, without their consent; (d) attempt to gain unauthorized access to or interfere with servers or networks connected to or used with the Services or violate the policies of such networks; (e) harass or interfere with another user’s use and enjoyment of the Service; (f) impersonate any person or entity or misrepresent your relationship to or affiliation with a person or entity; (g) use the Service to post content in violation of the Restrictions on Content in Section 5.2; or (f) engage in any illegal or unlawful activity, whether intentionally or unintentionally. In addition, you may not access or use the Service for benchmarking or similar purposes, except with eHealthMe’s specific prior written consent.

5.Content.

5.1 Responsibility for Content and License. The Service enables users to transmit content, such as voice, text and images (“User Content”). By uploading, transmitting or otherwise providing User Content via the Service, you represent that you own, or have the necessary rights to use, reproduce, and distribute, and to authorize eHealthMe and other users to use, reproduce, and distribute, such User Content, and you grant eHealthMe a non-exclusive, transferable, sub-licensable, royalty free, worldwide license to use, reproduce, and distribute any such User Content for purposes of providing, maintaining and improving the Service. eHealthMe’s use of such content will be in accordance with its Privacy Policy for eHealthMe.

5.2 Restrictions on Content. You agree that you will not use the Services to upload, transmit, or otherwise provide any User Content (a) that violates any third-party right, including any copyright, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, vulgar, defamatory, misleading, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party. You may not state or imply that your User Content is in any way provided, sponsored or endorsed by eHealthMe. You agree that you will comply with the Digital Millennium Copyright Act (“DMCA”) and will act promptly to remove any infringing material from the Service if you or eHealthMe receives a notice qualifying under the DMCA.

5.3 Visibility of and Storage of User Content. Content you send to other users will appear on other users’ devices and these communications are also stored in our database. Even if an Authorized User removes this content from his or her device or account, copies may remain viewable on the devices of other users to whom the content was transmitted and may remain stored in our database. Therefore, you should be aware that User Content that Users send to other users cannot be removed from their devices unless the other user removes the data. Other users may also share any User Content sent to them.

5.4 Review of and Deletion of Content. We have the right (but not the obligation) to review any User Content that is used with the Services and not post, delete or modify any User Content that in our sole judgement violates these TOS, or may otherwise violate the rights of, harm, or threaten the safety of any user or any other person or our systems, or create liability for us or any user. While we may store User Content, we also have no obligation to store User Content for any period of time or to create or provide you with any copies.

5.5 Third-Party Content. The Services may display, contain links to, or otherwise give you access to third-party communications, content, products, services or websites (“Third-Party Content”). You acknowledge that eHealthMe does not monitor, investigate or endorse Third-Party Content. We do not control and do not guarantee the accuracy, integrity, or quality of such Third-Party Content. By using the Services, you may be exposed to content that is offensive, indecent or otherwise objectionable. Your access to and use of Third-Party Content is at your sole discretion and risk and eHealthMe and its affiliates, partners, suppliers and licensors shall have no liability to you in connection with your access to and use of the Third-Party Content.

6.Intellectual Property. Except for the rights expressly granted herein, these TOS does not grant either party any rights, implied or otherwise, to the other’s content or other intellectual property.

SUBSCRIPTION SERVICES.

Users can subscribe to use services on eHealthMe. Our services are provided for informational purposes only and should not be viewed or relied upon as medical advice. The absence of a warning for a given treatment should not be construed to indicate that a treatment is safe, appropriate or effective for you. The accuracy, integrity and completeness of the health information in your profile for drug safety monitoring is your responsibility, and we assume no liability for it. eHealthMe may terminate any subscription that it deems to have violated any applicable terms or conditions stated on this Terms and Conditions of Use. eHealthMe's decisions in this regard are final.

CARE GUIDE PLANS

Care Guide Plans ("Plans") are created by users ("Care Guides") on eHealthMe Site to offer online support to other users ("Plan Subscribers") on the same Site. The Plans may require subscription fee with trial period. Care Guides and Plan Subscribers interact by encrypted messages and other tools. The eHealthMe Site is a venue for the Care Guide Plans. Care Guides and Plan Subscribers, not eHealthMe, provide the content in the Plans. The Care Guides who created the Plans are not employees or agents of eHealthMe but are independent service providers using the Site to sell their own experience and/or knowledge to Plan Subscribers and, as such, together with Plan Subscribers, simply Users of the Site. eHealthMe is not involved in the conversations between Care Guides and Plan Subscribers and does not endorse or recommend particular Care Guides. You understand and acknowledge that eHealthMe cannot and does not edit, modify, filter, screen, monitor, endorse or guarantee the content of Plans. eHealthMe shall not be liable for any acts or omissions of Care Guides, content in Plans, or the ability of Care Guides to manage and run the Plans. We cannot ensure that a Care Guides will complete a transaction. Notwithstanding the foregoing, eHealthMe reserves the right, but is not obligated, to refuse to post or to remove any content and/or remove any User's access to the Site.

Both Care Guides and Plan Suscribers agree that in the event there is a dispute between them, eHealthMe is the default arbitrator. The decision made by eHealthMe is final and binding, and no dispute should be resolved in court.

SPONSORSHIPS, ADVERTISEMENTS, SEARCHES AND LINKS TO OTHER SITES.

eHealthMe may provide links or references to, sponsorships, or advertisements for, sites operated by other parties ("Third-Party Websites"). eHealthMe does not recommend and does not endorse the content on any Third-Party Websites. eHealthMe is not responsible for the content of linked Third-Party Websites, and does not make any representations regarding their content or accuracy. Your use of Third-Party Websites is at your own risk and subject to the terms and conditions of use for such sites. eHealthMe does not endorse any product, service, or treatment sponsored or advertised on the eHealthMe Site.

INDEMNITY.

You agree to defend, indemnify, and hold eHealthMe, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

GENERAL.

eHealthMe is run and managed by eHealthMe Media Inc. eHealthMe makes no claims that eHealthMe, and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the eHealthMe Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.

JURISDICTION.

You expressly agree that exclusive jurisdiction for any dispute with eHealthMe, or in any way relating to your use of the eHealthMe Site, resides in the courts of the State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including any claim involving eHealthMe or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms and Conditions are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

NOTICE AND TAKE DOWN PROCEDURES; AND COPYRIGHT AGENT:

If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting eHealthMe (support@eHealthMe.com) and providing the following information:

  1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.

  2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.

  3. Your name, address, telephone number and (if available) e-mail address.

  4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.

  5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.

  6. A signature or the electronic equivalent from the copyright holder or authorized representative.

In an effort to protect the rights of copyright owners, eHealthMe maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.

COMPLETE AGREEMENT.

Except as expressly provided in a particular "legal notice" on the eHealthMe Site, these Terms and Conditions and the eHealthMe Privacy Policy and Agreement constitute the entire agreement between you and eHealthMe with respect to the use of the eHealthMe Site, and Content.

Thank you for your cooperation. We hope you find the eHealthMe.com Site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our Contact Us.

Last modified: June, 15, 2018

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