Terms of Service
Terms of Service
Last updated: May 25, 2018
1. What the Service Agreement Covers
This is a contract (the “Contract”) between you and MedM Inc. and its affiliates ("MedM", “Company”, "we," "our" or "us") for use of the services available on this Website (the “Site”), newsletters, the electronic messages and announcements (“Electronic Communications”). All such services, collectively, are defined as the “Service”. By using or accessing the Service, you confirm that you agree to these terms. If you don't agree, don't use the Service.
Please note that we don't provide warranties for the service. This contract also limits our liability to you. See Sections 10 and 11 for details.
3. Using the Service
Children under the age of thirteen (13), or any higher minimum age (the “Minimum Age”) in the jurisdiction where that children resides (sixteen (16) for the jurisdictions covered by EU GDPR
), are not permitted to create accounts. Thus, you represent and warrant that you are Minimum Age or older. If you are under the Minimum Age you must review the Terms with you parent(s) or legal guardian(s) to ensure that both you and your parent(s) or legal guardian(s) understand and consent to the Terms. A parent or legal guardian accepting the Terms for the benefit of a child under Minimum Age, agrees and accepts full responsibility for this person use of the Service, including all financial charges and legal liability that such child may incur.
If we learn that we have collected the personal information of a child under the relevant Minimum Age without parental consent, we will take steps to delete the information as soon as possible. Parents who believe that their child has submitted personal information to us and would like to have it deleted may contact us at firstname.lastname@example.org
When using the Service you must comply with this Contract, all applicable laws, and other notices we provide. You may not use the Service in any unauthorized way that could interfere with anyone else’s use of it or to gain unauthorized access to any service, data, account, or network.
4. The Service Account
In order to access the Service you must create an account (the “Account”) by providing us with the information such as your full name and a valid e-mail address, as well as a strong password. You are responsible for all activity that occurs in the association with your Account. The Company is not liable for any loss or damages caused by your failure to maintain the confidentiality of your Account credentials. Please contact Customer Support if you discover or suspect any security breach related to the Service or your Account.
We may deny Account sign-up based your location or other reasons. You must not attempt to work around any such limitations in the Service. Some Service features are not available in some languages and locations. If you’d have any questions with the Service limitation applied to you, please contact our support team via email@example.com
We consider your use of the Service to be private.
The Service is a private computer network that the Company operates for the benefit of itself and its customers. The Company retains the right to block or otherwise prevent delivery of any type of e-mail or other communication to or from the Service as part of our efforts to protect the Service, protect our customers, or stop you from breaching this Contract. The technology or other means we use may hinder or prevent your use of the Service.
6. How we may change the contract
The Company may change this Contract and will notify you by posting new terms. If you do not agree to the changes, you must cancel and stop using the Service. If you do not stop using the Service, the new terms apply to you.
7. NO WARRANTY
We provide the Service "as-is", "with all faults" and "as available". The entire risk as to the quality and the performance of the Service is with you. Should the Service prove defective, you assume the entire cost of all necessary servicing or repair. We don't guarantee the accuracy or timeliness of information available from the Service. You acknowledge that computer and telecommunications systems are not fault-free and occasional periods of downtime occur. We do not guarantee the Service will be uninterrupted, timely, secure, or error-free, or that data loss will not occur. We and our affiliates and vendors give no express warranties, guarantees, or conditions. We exclude any implied warranties, including for merchantability, satisfactory quality, fitness for a particular purpose, workmanlike effort, and noninfringement. You may have certain rights under your local law. Nothing in this Contract is intended to affect those rights, if they are applicable.
This site does not provide medical or any other health care 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, diet, fitness or wellness program. Never disregard professional medical advice or delay in seeking it because of information you accessed on or through the Service
8. LIABILITY LIMITATION
If you have any basis for recovering damages from MedM or its affiliates and vendors, you can recover only direct damages up to US $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect, incidental or punitive damages.
The limitations and exclusions apply to anything related to this Contract, such as loss of data; third-party content, programs or conduct; viruses that affect your use of the Service; incompatibility between the Service and other services, software and hardware; delays or failures you may have in starting or completing transmissions; and claims for breach of Contract, warranty, guarantee or condition; consumer protection; deception; unfair competition; strict liability, negligence, misrepresentation, omission, trespass or other tort; violation of statute or regulation; or unjust enrichment; all to the extent permitted by applicable law.
The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages.
Nothing in these terms shall affect the statutory rights of any consumer or exclude or restrict liability for death or personal injury arising from our negligence, fraud, or our gross negligence or willful intent. Some or all of these limitations or exclusions may not apply to you if your state, province, or country does not allow the exclusion or limitation of incidental, consequential, or other damages.
9. Changes to the Service and cancellation
We continuously work to improve the Service and may change the Service at any time. Additionally, there are reasons why MedM may stop providing portions of the Service, including (without limitation) that it's no longer feasible for us to provide it, the technology advances, customer feedback indicates a change is needed, or external issues arise that make it imprudent or impractical to continue. If your Service is canceled, your right to use the Service stops immediately.
You may cancel the Service at any time and for any reason. Sections 5, 7-11, and those that by their terms apply after the termination of this Contract will survive any termination of this Contract.
10. General legal terms
10.1. Interpreting the contract
All parts of this Contract apply to the maximum extent permitted by relevant law. If a court or arbitrator holds that we can’t enforce a part of this Contract as written, you and we will replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of this Contract won't change. This is the entire Contract between you and us regarding the Service. It supersedes any prior Contract or oral or written statements regarding your use of the Service. If you have confidentiality obligations related to the Service -- for example, you may have been a beta tester -- those obligations remain. Other terms may apply when you use or pay for other MedM services. The Contract's section titles do not limit its terms.
We may assign, transfer, or otherwise dispose our rights and obligations under this Contract, in whole or in part, at any time without notice. You may not assign this Contract or transfer any rights to use the Service.
10.3. No third-party beneficiaries
This Contract is solely for your and the Company benefit. It is not for the benefit of any other person, except for the Company’s successors and assigns.
10.4. Service software
If you use or receive software from us as part of the Service, its use is governed by one of two terms (the "License Terms"): If you are presented with a license for the software, the terms of that license apply; if no license is presented to you, the terms of this Contract apply to both the Service and the software (and the term “Service” in this Contract includes the software). The Software may include third-party code that MedM, not the third party, licenses to you under this agreement. Notices in the Software, if any, for the third-party code are included for your information only. Unless applicable law gives you more rights, we reserve all other rights to the Software not expressly granted by us under the License Terms, whether by implication, estoppel or otherwise.
We may automatically check your version of the software. We may also automatically download to your computer upgrades to the software to update, enhance, and optimize the Service.
Any Software we provide is licensed, not sold. Unless we notify you otherwise, the Software license ends when your Service ends. You must then uninstall the Software, or we may disable it. You must not work around any technical limitations in the software. You must not disassemble, decompile, or reverse engineer any software that's included in the Service, except and only to the extent that the applicable copyright law expressly permits doing so.
You may notify us as stated in the customer support or "help" area for the Service. We may send you, in electronic form, information about the Service, additional information, and information the law requires us to provide. You consent to the Company providing you required information by e-mail at the e-mail address you specified when you signed up for your Service or by access to the Company web site that we identify. Notices e-mailed to you will be deemed given and received when the e-mail is sent. If you don't consent to receive notices electronically, you must stop using the Service.
Notifications of claimed copyright infringement should be sent to firstname.lastname@example.org
12. Copyright and trademark notices
All contents of the Service are Copyright MedM and/or its suppliers, 3724 Heron Way, Palo Alto, CA 94303 USA. All rights reserved. We or our suppliers own the title, copyright, and other intellectual property rights in the Service and content. MedM and the names, logos and icons of other Company products and services may also be either trademarks or registered trademarks of MedM in USA and/or other countries. The names of actual companies and products may be the trademarks of their respective owners. Example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real MedM account holder, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted in this Contract are reserved.
13. How to contact us
If you have questions, suggestions, or concerns about this Contract, please contact us at email@example.com or at our mailing address below.
3724 Heron Way,
CA 94303 USA