Terms of Service
Last updated: Jan. 28, 2015
Important: please read the following eHealth.me terms of service (“agreement”) carefully before accessing the eHealth.me website (the “Site”), (with any associated software, upgrades, and documentation provided by eHealth.me, the “service”). This agreement constitutes a legal agreement between you and eHealthMe Inc.
By using the service, you accept and agree to comply with this agreement, which will govern your use of the service, except as follows. If you have signed, or are an authorized employee or representative of an entity that has signed, a separate written agreement with eHealthMe regarding your use of the service, then the terms of that agreement shall be binding on you and (where applicable) that entity, and will govern your use of the service to the extent stated therein.
The service is only for individuals aged 13 or older; if you are 13 or older but under the age of 18, review these terms with your parent or guardian to make sure that you and your parent or guardian understand and agree to these terms. By accepting these terms you represent that you are not under the age of 13.
1. Services. eHealth.me is a service that enables authorized users to join existing or start new groups in order to connect with other users.
2.1 Subject to the terms of these TOS. eHealth.me 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 eHealth.me.
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 eHealth.me in connection with Customer’s registration for and use of the eHealth.me Service; (ii) to maintain the security of the identification and password associated with the access and use of the eHealth.me Service; and (iii) to immediately inform eHealth.me if You become aware of any unauthorized access or use of the eHealth.me 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.
5.2 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.
7.Payment for group memberships.
7.1 As part of the Site group service, a fee for membership of certain groups may be charged within the Site via purchase of a subscription. Any additional features are included as part of the Site and Service and are subject to these TOS. Payments for subscriptions and purchases are processed by the applicable Site marketplace, including without limitation, not by eHealthMe, and are subject to the terms and conditions of those third parties.
7.2 Please note that purchases within the eHealth.me are FINAL AND NON-REFUNDABLE.
7.3 eHealthMe may at any time, upon notice required by applicable law, change the price of the Service or any part thereof, or institute new charges or fees. Price changes and institution of new charges implemented during your subscription term will apply to subsequent subscription terms and to all new subscribers after the effective date of the change. If you do not agree to any such price changes, then you must cancel your subscription via the Site marketplace where you set up the subscription. Your continued use of the Service after the effective date of any such change shall constitute your acceptance of such change.
7.4 If you cancel or otherwise do not pay your subscription to applicable groups in eHealth.me, your access to the groups will be terminated.
8. Updates; Feedback.
8.1 Updates to the Service. eHealthMe may extend, enhance or otherwise modify the Service or portions thereof (collectively, “Updates”) from time to time, but eHealthMe is not obligated to do so. If eHealthMe furnishes you with Updates to the Services, such Updates shall be deemed incorporated into the Services and shall be subject to the terms of these TOS.
8.2 Updates to these TOS. eHealthMe reserves the right, at its sole discretion, to modify these TOS, at any time. If we modify these TOS we will update the “Last Updated Date” at the top of these TOS and provide you notice of the modification via email or via the Site and you agree that such notice is sufficient. By continuing to access or use the Product after we have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Agreement.
8.3 Feedback. We may provide you with a means to provide feedback, ideas or suggestions (“Feedback”) regarding the Service. If you choose to provide Feedback, you agree that you retain no rights in such Feedback and eHealthMe shall own all rights, including intellectual property rights, thereto. You hereby assign all such rights to eHealthMe.
9.Communications; Data Collection/Privacy; Security.
9.3 User Content and Data. Subject only to the limited license expressly granted hereunder, as between you and eHealthMe, eHealthMe acquires no right, title or interest from you under these TOS in or to User Content or associated Customer data, including any intellectual property rights therein. You are solely responsible for User Content that you upload, publish, display, link to or otherwise make available on the Service, and you agree that eHealthMe is only acting as a passive conduit and data processor for the online distribution and publication of User Content which you control.
9.4 Security. eHealthMe has implemented commercially reasonable technical and organizational measures designed to secure User Content and associated data from accidental loss and from unauthorized access, use, alteration or disclosure. However, eHealthMe cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your User Content or associated data for improper purposes. You acknowledge that all User Content and associated data is provided to eHealthMe at Customer’s own risk.
10. Term and Termination.
10.1 These Terms of Service are effective when you use or access the Service or Site. You may terminate your account at any time and for any reason by contacting the Support in the Contacts inside the Site.
10.2 As the result of any termination, you will lose your account and all associated User Content, information and data. You will not be entitled to and eHealthMe will not be liable to you or any third party for any refund, reimbursement or other liability as a result of any termination (by you or by eHealthMe) permitted under these Terms of Service for any reason. eHealthMe reserves the right in its discretion to refuse to maintain an account for, or provide the Service to, any individual.
10.3 Members of all the groups created in Site can terminate a (free or paid) membership anytime. Any applicable membership fee will be stopped immediately.
10.4 These Terms of Service will remain effective until terminated. Sections 2.2, 5.1, 8.3, 11, 12.1 and 14 shall survive any termination or expiration of this Agreement.
11.LIABILITY OF EHEALTHME; Warranty disclaimer; limitation on liability; indemnity.
The use of the Site and the Content is at your own risk.
When using the Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of eHealthMe. 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 Site.
We do not and cannot review all Content posted or uploaded to the Site, and we are not responsible for such Content. MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION CONTAINED IN ANY DISCUSSION AREA SHOULD NOT BE CONSTRUED AS PROFESSIONAL ADVICE OR INSTRUCTION.
The group discussions on the Site are not guaranteed to be monitored for unacceptable use, nor will any statements made in group discussions be authenticated or endorsed by us. It is not our intent to discourage Visitors or Members from taking controversial positions or expressing vigorously what may be unpopular views; however, we reserve the right to take such action as we deem appropriate in cases where the Content is being used to disseminate statements that are deeply and widely offensive and/or harmful.
The Site and the content are provided on an "as is" basis. EHEALTHME, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS 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 makes 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 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 Site.
In no event shall eHealthMe 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 Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not eHealthMe is advised of the possibility of such damages. eHealthMe is 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.
11.2 You acknowledge that the service is provided to you “as is” without warranty of any kind. Except as expressly provided herein and to the maximum extent permitted under applicable laws, eHealthMe, its licensors and eHealthMe affiliates disclaim all warranties relating to the product and the eHealthMe site, express or implied, including, but not limited to, any warranties against infringement of third-party rights, merchantability and fitness for a particular purpose.
11.3 To the maximum extent permitted by applicable law, neither eHealthMe, nor eHealthMe affiliates or licensors shall be responsible or liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other theory (a) for loss or inaccuracy of data or cost of procurement of substitute goods, services or technology, or (b) for any indirect, incidental, consequential, or punitive damages or (c) for any amount in excess of $500.00. Each party recognizes and agrees that the warranty disclaimers and liability and remedy limitations in this agreement are material, bargained for bases of this agreement and that they have been taken into account and reflected in determining the consideration exchanged hereunder and in the decision by each party to enter into this agreement. You understand and agree that neither eHealthMe nor eHealthMe affiliates or licensors are responsible for any loss of life, personal injury, or economic damage resulting from the usage of the product.
11.4 You agree that you will not use the product while operating a motor vehicle, for time-critical or emergency services or event or for any operation where injury, death, or economic damage could occur.
11.5 INDEMNITY. You agree to hold harmless and indemnify eHealthMe, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, from and against any third party claim arising from or in any way related to your use of eHealthMe Services, violation of these Terms of Service or any other actions connected with use of eHealthMe Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgement, litigation costs and attorneys' fees, of every kind and nature. In such a case, eHealthMe will provide you with written notice of such claim, suit or action.
12.Third Party Services.
12.1 Third Party Services, The Service may contain links to third party websites or resources. eHealthMe may remove any such links at any time for any reason or for no reason. You acknowledge and agree that eHealthMe is not responsible or liable for the availability or accuracy of such websites or resources, or the content, products, or services on or available from such websites or resources. Such links do not imply any endorsement by eHealthMe of, or relationship of eHealthMe with, such websites or resources or the content, products, or services available from such websites or resources. You shall have sole responsibility for and you assume all risk arising from your use of any such websites or resources.
13.1 Waiver. The failure to enforce any term of these TOS on one occasion shall not prevent enforcement on any other occasion or the enforcement of any other term.</p>
13.2 Assignment. Although fully assignable and transferable by eHealthMe, neither the rights nor the obligations arising under these TOS are assignable or transferable by you, and any such attempted assignment or transfer shall be void and without effect unless agreed to in writing by eHealthMe.
13.3 Governing Law. These TOS and any action related thereto shall be governed by and construed in accordance with the laws of the State of California without regard to the conflicts of laws provisions therein. These TOS shall not be governed or affected by any version of the Uniform Computer Information Transactions Act enacted in any jurisdiction or by the United Nations Convention on Contracts for the international Sale of Goods.
13.4 Dispute Resolution.
13.4.1 General. You and eHealthMe agree that any dispute, claim or controversy arising out of or relating to this these TOS or the breach, termination, enforcement, interpretation or validity thereof or the use of the Product or eHealthMe Site (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to: (a) bring an individual action in small claims court and (b) bring an action seeking injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (“IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
13.4.2 Waiver; Consolidation. You acknowledge and agree that you and eHealthMe are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and eHealthMe otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of this Agreement.
13.4.3 Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
13.4.4 Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015820 and a separate form for California residents at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
13.4.5 Arbitration Location and Procedure.
(A) For users located in the United States. Unless you and eHealthMe otherwise agree, the arbitration for any user located in the US will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and eHealthMe submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
(B) For users located Outside of United States. Any arbitration proceeding will be conducted in the county where eHealthMe maintains its primary office, namely USA. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and eHealthMe submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
13.4.6 Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgement on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. eHealthMe will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
13.4.7 Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, eHealthMe will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
13.4.8 Changes. If eHealthMe changes this “Dispute Resolution” section after the date your first accepted this Agreement (or accepted any subsequent changes to these TOS), Customer may reject any such change by sending us written notice (including by email to support@eHealthMe.com) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of eHealthMe’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and eHealthMe in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these TOS (or accepted any subsequent changes to these TOS).
13.5 Government End Users. The Site, Service and related documentation are "Commercial Items", consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in FAR 2.12. Any use, duplication, or disclosure of the Service or its documentation by or on behalf of the U.S. Government is subject to the restrictions set forth in this Agreement
13.6 Export. You agree to comply fully with all relevant export laws and regulations of the United States and other applicable jurisdictions (“Export Laws”) governing the Service and/or your use thereof. Without limiting the foregoing, you shall not: (a) export or re-export the Service directly or indirectly in violation of Export Laws; nor (b) use the Service for any purposes prohibited by the Export Laws, including but not limited to nuclear, chemical, or biological weapons proliferation.
13.7 Unenforceability. In the event that any of the provisions of these TOS shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
For any questions or comments or complaints or claims with respect to these TOS, the Site, or Service please contact: firstname.lastname@example.org
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