PRIVACY STATEMENT FOR MEYOU HEALTH™
SUMMARY OF IMPORTANT LEGAL INFORMATION
This property is owned and operated by MeYou Health, LLC (“MeYou Health”) and is part of the MeYou Health family of websites and applications (collectively, our “Properties”). All use of our Properties is subject to the Privacy Statement set forth below. By entering and/or using our Properties, you acknowledge that you have read and understood the Privacy Statement and that you agree to abide by it.
As described in more detail below, we agree that you exclusively own your personal information, and we will use the information you supply for the purpose of providing you with personalized health information through our Properties.
Our Properties are designed for educational purposes only. They are intended to supplement, not to replace, consultation with a physician. You should not use information from our Properties to diagnose or treat a health problem or disease. We encourage you to consult your health care provider with any questions or concerns you may have regarding your condition. The information contained in our Properties is not intended to cover all possible uses, directions, precautions, warnings, drug interactions, allergic reactions, or adverse effects. If you have questions about the drugs you are taking, check with your doctor, nurse or pharmacist.
We retain all copyrights and other proprietary rights in or relating to our Properties. Except for downloading and printing a small number of copies of the content for your personal use only, you may not sell, transfer, reproduce, transmit, distribute, perform or display any portion of our Properties without our written consent.
a. Collection of Personally Identifiable Information. We collect personally identifiable information about users only when the user voluntarily provides such information. (Personally identifiable information is any information that can be used to identify or contact a specific individual and any other information about that individual.)
c. Retention of Information. We will delete your user name and personally identifiable information from our systems if you send us a request in writing. While it is not possible for us to delete all of the information that we have collected from you, any information that remains in our systems after we delete your user name and personally identifiable information will become and remain anonymous.
d. Encryption Technology. Our Properties use Secure Socket Layer (“SSL”) encryption technology to enhance data privacy and help prevent loss, misuse or alteration of the information under our control and an encryption algorithm to store passwords. This encryption technology, however, does not absolutely guarantee or safeguard the total privacy of user information that has been voluntarily disclosed to our Properties.
e. Disclosure of Customer Information Through Business Transfers. As MeYou Health continues to develop our Properties and business, we may buy, merge or partner with other companies or businesses, and in so doing, acquire customer information. In such transactions, information collected through our Properties may be among the transferred assets. Similarly, in the unlikely event that a portion or substantially all of our assets are sold or transferred to a third party, such information would likely be one of the transferred business assets.
f. Our Commitment to Children’s Privacy. Protecting the privacy of children is very important to us. The Children's Online Privacy and Protection Act of 1998 (“COPPA”) defines a “Child” as anyone under the age of 13. We strictly adhere to COPPA. For that reason, we do not collect or maintain information obtained through our Properties from those we actually know are under 13, and no part of our Properties are structured to attract anyone under 13.
g. Special Notification for California Residents. Under California law, individuals that reside in California and have provided their personal information to MeYou Health may request information about our disclosures of certain categories of personal information to third parties for their direct marketing purposes. In response to your written request, we will provide a list of the categories of personal information disclosed to third parties for third-party direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these third parties. If you would like to exercise your rights under California law, please send your written request to MeYou Health, 1 Appleton Street, 4th Floor, Boston, MA 02116, Attn: Support. We reserve our right not to respond to requests submitted other than to MeYou Health, 1 Appleton Street, 4th Floor, Boston, MA 02116, Attn: Support. Your request must include your postal address so that we may provide you with our notice and third-party direct marketing opt-out form.
Section 6. Disclaimers, Limitations of Liability, and Other Information
a. INFORMATION SUPPLIED BY MeYou Health ON OR IN OUR PROPERTIES IS PROVIDED “AS IS” AND “WITH ALL FAULTS”. NEITHER MeYou Health, ITS PARENT COMPANIES, SUBSIDIARIES OR AFFILIATES, NOR ANY OF THEIR RESPECTIVE OWNERS, STAFF, OR AGENTS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE CONTENTS OF OUR PROPERTIES OR INFORMATION FURNISHED BY THEM OR OUR AGENTS, EMPLOYEES OR REPRESENTATIVES AND SPECIFICALLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NONINFRINGEMENT, FITNESS FOR ANY PARTICULAR USE, APPLICATION AND PURPOSE.
b. BY ENTERING OR USING OUR PROPERTIES, YOU EXPRESSLY AGREE THAT MeYou Health AND ITS PARENTS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES, SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS, DEMANDS OR CAUSES OF ACTION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE, AS A RESULT OF YOUR USE OF OUR PROPERTIES OR ANY INFORMATION YOU OBTAIN ON OR THROUGH THEM OR ANY OTHER INTERACTION WITH MEYOU HEALTH. IN DOING SO, YOU AGREE THAT YOU ARE WAIVING VOLUNTARILY AND UNEQUIVOCALLY ANY LIABILITY OF MeYou Health. Please note that some jurisdictions may not allow the exclusion or limitation of certain warranties, so some of the above exclusions may not apply to you.
c. We do not make any representation or warranty concerning errors, omissions, delays or other defects in the information supplied to our users, or that our files are free of viruses, worms, Trojan horses or other code that include or manifest contaminating or destructive characteristics.
d. Any claim or cause of action arising out of your use of our Properties or this Agreement must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by us to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.
e. Please do not send personal medical questions to us through our Properties. With respect to other communications to us, we do not guarantee that we will respond to all inquiries.
f. If any part of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, that part will be enforced to the maximum extent permitted by law, and the remainder of this Agreement will remain fully in force.
g. You agree that any dispute arising out of or relating in any way to this Agreement or your use of our Properties requires that such claim be resolved exclusively by confidential binding arbitration except that, to the extent you have in any manner violated or threatened to violate MeYou Health’s intellectual property rights, MeYou Health may seek injunctive or other appropriate relief. The arbitration shall be conducted before three neutral arbitrators in Nashville, Tennessee, U.S.A., in accordance with the rules of the American Arbitration Association (“AAA”), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to this Agreement, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law.
BECAUSE THE USE OF OUR PROPERTIES REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS’ DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.
The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party hereby consents (i) to the non-exclusive jurisdiction of the state or federal courts located in Nashville, Tennessee for any action (A) to compel arbitration, (B) to enforce any award of the arbitrators, or (C) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies, and (ii) to service of process in any such action by registered mail or any other means provided by law. Should this Section 6(g) be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that sole and exclusive jurisdiction and venue for any claims will be in the state or federal courts in Nashville, Tennessee.
h. The application of these provisions, disclosures, and disclaimers and all other matters arising from your use of our Properties or of any information you obtain from us shall be governed by the laws of the United States of America and the State of Tennessee.
i. If you have any questions about this Agreement or the practices of MeYou Health, please contact us at the address below:
MeYou Health, LLC
1 Appleton Street, 4th Floor
Boston, MA 02116
YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS, DISCLOSURES AND DISCLAIMERS SET FORTH ABOVE ARE FAIR AND REASONABLE, AND THAT YOUR AGREEMENT TO FOLLOW AND BE BOUND TO THEM IS NOT THE RESULT OF FRAUD, DURESS OR UNDUE INFLUENCE EXERCISED UPON YOU BY ANY PERSON OR ENTITY.
YOU ACKNOWLEDGE AND CONFIRM THAT (A) YOU HAVE READ AND UNDERSTAND ALL OF THE ABOVE AGREEMENT, TERMS, POLICIES, PROVISIONS, DISCLOSURES AND DISCLAIMERS, (b) that this Agreement has the same force and effect as a signed agreement, AND (C) THAT YOU EXPRESSLY AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.