URGENTVAULT.COM/URGENT MEDICAL INFO USERS SERVICE – TERMS AND CONDITIONS (“TERMS”) UPDATED JANUARY 1, 2019
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OUR MOBILE DEVICE SERVICE AND RELATED WEBSITE.
Urgent Medical Info, LLC, a Louisiana limited liability company with its principal offices in Baton Rouge, Louisiana (“we” or “us”), provides you with the Urgent Medical Info Service via the related website (including the mobile-optimized versions of such website, the “Site”) under these Terms and Conditions (this “Agreement”). The Site is referred to together as the “Service.” As used in these Terms and Conditions, ‘you’ or ‘users’ refers to individuals using the Service. By using the Service and/or by clicking the “I Agree” button, you unconditionally agree to follow and be bound by this Agreement and our Privacy Policy. If you do not agree to be bound by and comply with all of the terms of this Agreement, you may not use our Service.
INTENDED USERS
The Service is available only to users who are at least 18 years old. If you are using the Service for the benefit of a child, please do not provide information relating to such child unless you have obtained the child’s parents’ or guardians’ consent, including their consent to our Privacy Policy. If you discover your child has been using the Service without your consent, or that someone has been using the Service for or on behalf of your child without your consent, please contact us using the information below under “How to Contact Us,” and we will take reasonable steps to delete the child’s information from our active databases. You may not provide access to or use the Service or Content (as defined below) thereof for the benefit of third parties or make commercial use of the Service or related Content, but you may use the Service for your personal use subject to this Agreement. Use of and access to the Service is void where prohibited. By accessing and using the Service, you shall ensure (a) any and all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) your use of the Service will comply with and does not violate any applicable law, regulation, order or guideline and (d) you consent to receiving messages and promotional material offering in-Service purchases.
MODIFICATIONS OF THIS AGREEMENT
We reserve the right to update or modify this Agreement at any time. By continuing to use the Service after any such changes, you agree to follow and be bound by this Agreement as changed. For these reasons, we encourage you to periodically review this Agreement.
DISCLAIMERS
Your use of any aspect of the Service is at your own risk. You must consult with healthcare providers and make your medical decisions based on their advice.
If you use and/or access the Service on or from an Android device which you or someone else rooted or on or from an iOS device which you or someone else jail broke, Urgent Medical Info shall not be responsible for the security of your data, including your personal information, and you shall bear all responsibility for any breach, illegal access, loss and/or corruption of such data.
URGENT MEDICAL INFO IS NOT PROVIDING ANY MEDICAL ADVICE OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER IN RESPECT OF THE SERVICE. INFORMATION REGARDING MEDICATIONS, HEALTH, MEDICAL ADVICE AND OTHERWISE MAY BE PROVIDED BY THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE. WE CANNOT ACCEPT ANY LIABILITY WHATSOEVER IN RESPECT OF ANY SUCH CONTENT WHICH IS PROVIDED BY YOU, THIRD PARTIES AND/OR ANY OTHER USERS OF THE SERVICE. ANY ACTIONS YOU TAKE BASED ON CONTENT, NOTIFICATIONS AND OTHERWISE PROVIDED BY THE SERVICE ARE TAKEN AT YOUR SOLE RISK. A. YOU SHOULD ALWAYS CHECK ANY INFORMATION PROVIDED THROUGH THE SERVICE TO ENSURE ITS ACCURACY
We will investigate suspected violations of this Agreement or illegal and inappropriate behavior through the Service. Please note, we will fully cooperate with any law enforcement investigation or court order ordering us or directing us to disclose the identity, behavior or activities of anyone believed to have violated this Agreement or to have engaged in illegal behavior.
For our European customers, you may request termination of your account at any time and for any reason and you may exercise your rights according to the General Data Protection Regulation (”GDPR”), by sending an e-mail to info@urgentmedicalinfo.com. More information about your rights pertaining to the GDPR can be found in our Privacy Policy. Any suspension or termination of your account shall not affect your obligations to us under this Agreement (including but not limited to ownership and limitation of liability), including all those obligations, which by their sense and context are intended to survive the suspension or termination of your account.
This Terms and Conditions becomes effective on January 1, 2019 for all users, provided that enhanced data protection right in this Terms and in our Privacy Policy required by the EU General Data Protection Regulation becomes effective on January 1, 2019 for all EU-resident users who are natural persons.
SUBSCRIPTION FOR URGENTVAULT.COM
We may at our discretion offer various subscription services, including, without limitation, the UrgentVault.com subscription and you may choose to subscribe for the same.
TECHNOLOGY; SUPPORT
We do not warrant or guarantee the Service will function with your mobile or computing device or be compatible with the hardware or software on any particular devices. Information will be transmitted over a medium that will be beyond our control and jurisdiction; multiple factors, including network availability, may affect alert or notification delivery or otherwise interfere with the operation of the Service.
Without limiting the foregoing, we, our licensors, and our suppliers make no representations or warranties about (1) the availability, accuracy, reliability, completeness, quality, performance, suitability or timeliness of the Service, Content, including software, text, graphics, links, or communications provided on or through the use of the Service; or (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 Service.
We have no obligation to provide technical support or maintenance for the Service.
Although we take reasonable measures to keep the Service free of viruses, worms, Trojan horses or other code that contain destructive properties, we do not warrant or guarantee files available for downloading through the Service will be free of such contaminations.
USER’S RESPONSIBILITIES
If you submit any information to us through or related to the Service or send us any business information, feedback, idea, concept or invention to us by e-mail, you shall ensure such information is not confidential and you have all necessary permission to submit or otherwise make available such information.
You further agree:
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you will not reproduce, duplicate, copy, sell, resell, or exploit the Service, its Content, its software or any portion of any of the foregoing;
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you will not use the Service for any purpose in violation of local, state, national or international laws;
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you will not solicit another person’s password or personal information under false pretenses;
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you will not impersonate another person or entity or otherwise misrepresent your affiliation with a person or entity, and/or use or access another user’s account or password without permission;
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you will not violate the legal rights of others, including defaming, abuse, stalking or threatening users;
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you will not infringe the intellectual property rights, privacy rights, or moral rights of any third party;
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you will not post or transmit any Content that is (or you reasonably believe or should reasonably believe to be) illegal, fraudulent, or unauthorized, or furthers such activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material;
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you will not publish falsehoods or misrepresentations, including with respect to any medical or health information; and
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you will not post or transmit any Content that is (or reasonably should be understood to be) libelous, defamatory, obscene, offensive (including material promoting or glorifying hate, violence, or bigotry or otherwise inappropriate to the community ethos of the Service).
You agree not to interfere or attempt to interfere with the proper working of the Service or to disrupt the operations or violate the security of the Service. Violations of system or network operation or security may result in civil or criminal liability. We will investigate possible occurrences of such violations, and we may involve and cooperate with law enforcement authorities in prosecuting anyone involved with such violations. You agree to comply with all user responsibilities and obligations as stated in this Agreement. Non-enforcement or our failure to act with respect to a breach by you or others of this Agreement does not constitute consent or waiver, and we reserve the right to enforce such term at our sole discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Nothing contained in this Agreement shall be construed to limit the actions or remedies available to us with respect to any prohibited activity or conduct.
OWNERSHIP
UrgentMedicalInfo.com owns the Site, Documentation, including any material or Content made available through the Service, including our proprietary algorithm, and all worldwide intellectual property rights in the foregoing. Except as expressly permitted herein, you may not copy, further develop, reproduce, re-publish, modify, alter download, post, broadcast, transmit or otherwise use any material made available in the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Service. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in this Agreement grants you any right to use any trademark, service mark, logo, or trade name of ours or any third party.
INFRINGEMENT
We accept no responsibility or liability for any material provided or posted by a user, at their solely discretion. We will make a reasonable effort to monitor and moderate the content posted by users for any obvious illegal content. If you believe something appearing on the Service infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. We suggest you consult your legal advisor before filing a notice or counter-notice. Be aware there can be substantial penalties for false claims. It is our policy to terminate the accounts of repeat infringers in appropriate circumstances. Send notices and counter-notices to sales@urgentvault.com.
EXPORT RESTRICTION
Except as authorized by U.S. and the laws of the jurisdiction in which the Service was obtained or is used, you may not use, export or re-export the Service. Specifically, and without limiting the foregoing, the Service may not be exported or re-exported into any U.S. or Israel embargoed countries or to anyone on the U.S. Department of Commerce Denied Person’s List or Entity List or the U.S. Treasury Department’s list of Specially Designated Nationals. You represent and warrant you are not on any such list or located in any such country and you will not use the Service for any purposes prohibited by U.S. or other applicable law.
CHOICE OF LAW AND FORUM
This Agreement shall be governed in all respects under the laws of the State of Louisiana, exclusive of its choice of law or conflict of law provisions. In any claim or action by you directly or indirectly arising under this Agreement or related to the Service, you irrevocably agree to submit to the exclusive jurisdiction of the courts located in Baton Rouge, Louisiana.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you pertaining to the subject matter hereof. Anything contained in or delivered through the Service that is inconsistent with or conflicts with the terms of this Agreement is superseded by the terms of this Agreement. This Agreement may not be modified, in whole or in part, except as described elsewhere in this Agreement. This agreement may be superseded by any terms agreed between an individual and Urgent Medical Info.
SEVERABILITY
If any of the provisions of this Agreement are held to be not enforceable by a court or other tribunal of competent jurisdiction, then such provisions shall be amended, limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
ASSIGNABILITY
You agree this Agreement and all incorporated agreements between you and us may be assigned by us, in our sole discretion to any third party
CONTACT INFORMATION
All notices to you relating to this Agreement shall be posted on the Service or sent to you at the e-mail or physical address, if any, that you provided to us. All notices to us relating to this Agreement may be made either by e-mail to sales@urgentvault.com.
Notice shall be deemed given when notice is posted on the Service or when the e-mail is sent, unless the sending party is notified that the e-mail address is invalid.
Last updated: January, 2019