USER AGREEMENT 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 User Agreement set forth below. By entering and/or using our Properties, you acknowledge that you have read and understood the User Agreement 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.
PLEASE READ THIS USER AGREEMENT (THIS “AGREEMENT”) CAREFULLY BEFORE USING OUR PROPERTIES. We provide Internet-based well-being assessments and health information on and through our Properties. By using our Properties, you signify your understanding of and agreement to this Agreement. We may revise and update this Agreement at any time. Please periodically review this Agreement as posted on our Properties because your continued use of our Properties will mean that you accept those changes.
Last Updated: September 11, 2012
Section 1. Disclaimer; No Medical Advice.
THE CONTENT ON AND IN OUR PROPERTIES IS NOT INTENDED IN ANY WAY TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEITHER THE CONTENT NOR ANY OTHER SERVICE OFFERED BY OR THROUGH OUR PROPERTIES IS INTENDED TO BE RELIED ON FOR MEDICAL DIAGNOSIS OR TREATMENT. NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON OR IN OUR PROPERTIES. IN AN EMERGENCY CALL 911 OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.
Section 2. General Information About MeYou Health.
b. Our Information. We strive to make our Properties valuable resources of information for our users. However, we cannot ensure that information we provide is exhaustive or complete on every subject or that it will necessarily include all of the most recent information available on a particular topic. This information is of a general nature and we urge you to review it with your personal physician. Users should never delay, ignore, or fail to obtain medical advice based on information obtained from our Properties.
c. Our Staff. Our staff may include medical practitioners, including without limitation, physicians, pharmacists, nutritionists, nurses, nurse practitioners, and other health care professionals. None of these medical practitioners will provide health care services to you, and they should not be considered to be in a physician-patient, clinical or treatment relationship with you. The information you obtain from our Properties should not substitute for or be used instead of a relationship with a health care professional. All users are encouraged to seek the advice of, and regularly consult with, physicians and other health care professionals of their selection. We will not obtain any of your medical records, monitor your care, or establish a confidential patient relationship with you. Simply put, we are not your treating or caregiving health care professional and will not communicate with your health care provider.
d. Information from Others. Our Properties may include or provide links to other websites on the Internet. These other websites may provide opinions, recommendations, or other information from various individuals, organizations or companies. In providing such links, we do not investigate the content of such information. We do not endorse, guarantee, warrant, or recommend the accuracy of such information or necessarily subscribe to any such websites’ opinions or recommendations.
Section 3. Accessing and Using the MeYou Health Properties.
a. Availability. Our Properties are available worldwide to anyone with Internet access. However, our Properties may not be continuously available due to maintenance or repairs or due to computer problems or crashes, disruption in Internet service or other unforeseen circumstances. Further, a reference to a product or service on or in our Properties does not imply that such product or service is or will be available in your location. The content of our Properties is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations.
b. User Responsibility for Account Use. You may log in to your account using your user name and password or your Facebook Connect email login and password. By setting up an account, you agree to (i) provide us with accurate and complete information, and (ii) promptly update your account information with any new information that may affect the operation of your account. You may not use false identities or impersonate any other person or use a username or password that you are not authorized to use. Please notify us as soon as possible at , or via mail at MeYou Health, 1 Appleton Street, 4th Floor, Boston, MA 02116, of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including but not limited to loss, theft or unauthorized disclosure of your password. You are responsible for all usage or activity on your MeYou Health account. Any fraudulent, abusive or otherwise illegal activity, or any violation of this Agreement, may be grounds for termination of your account in our sole discretion.
d. Premium Services. Some features on our Properties may require you to pay a fee, the details of which are available in various areas of the Properties that allow you to purchase products, features or services. You agree to pay all fees and applicable taxes incurred by you or anyone using your account. We may revise the pricing for products, features or services offered through our Properties at any time. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. [EXCEPT AS OTHERWISE SET FORTH IN OUR RETURN POLICY OR CANCELLATION POLICY,] YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES FOR FEE-BASED PRODUCTS, FEATURES OR SERVICES ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.
Section 4. Restrictions on the Use of the MeYou Health Properties.
a. Copyright and Trademarks. The contents of our Properties, including but not limited to text, graphics, images and software (“Content”), are protected by copyright under both United States and foreign laws, and the entire selection, coordination, arrangement and “look and feel” of our Properties and the Content are copyrighted as collective works under United States copyright laws. We retain all right, title and interest in and to the Content, all copies of it, and all copyrights and other proprietary rights in the Content. The name “MEYOU HEALTH” and associated logos are proprietary trademarks and service marks of MeYou Health or its licensors. Upon acceptance of this Agreement, we authorize you to view, download and print a small number of copies of the material on or in our Properties solely for your personal, noncommercial use. You may not modify, sell, assign, or transfer the Content or reproduce, display, distribute or otherwise use the Content in any way for any public or commercial purpose or otherwise except as expressly permitted herein. You may not reverse-engineer, disassemble, decompile, or create any derivative works based on the Content. Content is subject to change without notice at our editorial discretion.
b. Use of Interactive Areas. MeYou Health may provide interactive forums, chat rooms, bulletin boards and other interactive areas (“Interactive Areas”) on or in our Properties. If you use any of the Interactive Areas, you are solely responsible for your own communications and the consequences of posting those communications. We do not assume any responsibility for the truthfulness, accuracy or reliability of any material posted on any Interactive Area, or of consequences of any Interactive Area communications on or arising from use of our Properties.
c. Indemnification. You agree to indemnify, defend and hold MeYou Health, its affiliates, shareholders, directors, officers, licensors, subsidiaries, parents, employees and agents harmless from any claim, demand, liability, dispute, damage, cost, expense, or loss, including attorneys’ fees and costs of litigation, arising out of or in any way related to your use of or access to our Properties, your use of the Content, your violation of this Agreement, or your violation of any rights of another.
Section 5. 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.