Your use of any of:
(1) the Know Your Meds website at www.knowyourmeds.com or www.knowyourmeds.org or any affiliated website or any subdomain of any of those sites(“Site”),
(2) the Know Your Meds app (“App”),
(3) the Know Your Meds Ask-an-Expert (or other Service) resources, communications, presentations, webinars, materials, or bulletins (“Resources”),
Future Changes and Additional Terms
If you don’t consent to all of these Terms, you may not access or use any of the Services. Any such use you do make is at your sole risk.
We do not direct the Services towards children under the age of 13, nor do we knowingly collect any information from children we know to be under the age of 13. By accessing or using any Service, you represent to us that you are at least 18 years old, or, if you are between 13 and 18 years of age, that you have valid consent from a parent or guardian for such access or use.
Affirmative Consent to Communications.
If you download and install our App from an App Store, you consent to receive in-App messages from us, as well as email messages, related to the App Services, directed to the email account of record for that App Store. If you subscribe to or request a Service that we deliver by email or text, you consent to receive communications related to that Service at that email or text address.
We may also send you promotional communications that we deem relevant to the Service you requested (As one example of this, if you request information about a particular drug therapy and two months later the Food and Drug Administration releases some updated guidance about that drug or approves its generic version for sale, we may—but have no obligation to—email you about that guidance or approval). YOU CAN OPT OUT OF THESE PROMOTIONAL COMMUNICATIONS BY FOLLOWING THE “UNSUBSCRIBE” DIRECTIONS IN THE FOOTER OF EACH SUCH EMAIL OR TEXT Provided As-Is THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND WE DO NOT WARRANT THAT YOUR USE THEREOF WILL BE FREE OF ERROR, DEFECT, RISK (INCLUDING, AS EXAMPLES, COMPUTER VIRUSES OR OTHER MALICIOUS CODE), DISRUPTION, OR UNAVAILABILITY. THE SERVICES ARE NOT INTENDED TO COVER ALL POSSIBLE USES, DIRECTIONS, PRECAUTIONS, ADVERSE EFFECTS, OR INTERACTIONS WITH OTHER DRUGS, SUPPLEMENTS, OR OTHER SUBSTANCES. THE SERVICES SHOULD NOT BE CONSTRUED TO INDICATE THAT USE OF A PARTICULAR DRUG (OR OTHER COURSE OF TREATMENT) IS SAFE, APPROPRIATE OR EFFECTIVE FOR YOU OR ANYONE ELSE.
ALWAYS CONSULT THE ADVICE OF A QUALIFIED HEALTHCARE PROFESSIONAL IMMEDIATELY IF YOU HAVE QUESTIONS OR CONCERNS ABOUT A MEDICAL CONDITION, ISSUE, OR TREATMENT, OR BEFORE CHANGING ANY DIET OR COMMENCING, CHANGING, OR DISCONTINUING ANY COURSE OF TREATMENT. IF YOU ARE EXPERIENCING SERIOUS OR PERSISTENT SYMPTOMS, OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM, YOU SHOULD CONTACT YOUR PHYSICIAN, OR SEEK URGENT-CARE MEDICAL TREATMENT, IMMEDIATELY.
WE DO NOT PROVIDE MEDICAL ADVICE OR DIAGNOSIS. THE SERVICES PROVIDE A GENERAL INFORMATIONAL RESOURCE AND DO NOT CONSTITUTE MEDICAL OR HEALTHCARE PRACTICE, NOR DO THEY CREATE A PATIENT-PROVIDER RELATIONSHIP BETWEEN ANY PERSONS. WE DO NOT ENDORSE, NOR DO WE WARRANT, THE APPROPRIATENESS, ACCURACY, TIMELINESS, EFFECTIVENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, APPLICABILITY TO A PARTICULAR PERSON, OR SAFETY OF ANY MEDICAL OR PHARMACEUTICAL TREATMENT, OR OTHER HEALTH REGIMEN, OR SERVICE PROVIDER, OR OF ANY PORTION OF THE SERVICES.
ANY USE OF THE SERVICES IS AT YOUR SOLE RISK. FOR ANY CLAIM, COMPLAINT OR OTHER ISSUE ARISING OUT OF OR RELATED TO THE SERVICES: (1) WE DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL LIABILITY FOR SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR OTHER DIRECT OR INDIRECT DAMAGES, REGARDLESS OF THEORY OF LAW ON WHICH SUCH DAMAGES MAY BE BASED; (2) YOUR SOLE, EXCLUSIVE REMEDY WILL BE TO DISCONTINUE YOUR USE OF THE SERVICES. SOME JURISDICTIONS LIMIT THE EFFECT OF DISCLAIMERS OF CERTAIN DAMAGES, SO THE APPLICABILITY OF PORTIONS OF THIS PARAGRAPH MAY NOT APPLY TO YOU.
Intellectual Property and Use of Information.
The term “KNOW YOUR MEDS” is our trade or service mark. Other marks displayed on the Services are the property of their respective owners.
We provide you with Services for your own personal use and that provision is not transferable by you.
You agree that you will not do or permit to be done any of the following: (i) copy, distribute, publish, translate (other than for your own personal and non-commercial use), or create derivative works from any Services; (ii) “data-mine”, “web-scrape,” “harvest,” bulk download, access via automated means, reverse-engineer, or make commercial use of any portion of the Services; (iii) link to, re-frame, embed or take any action with regard to, any of the Services, in any way that makes it appear to end-users that any portion of those Services are being provided by any person or entity other than us; (iv) violate any applicable law or regulation; or (v) use the Services for any fraudulent or misleading purpose or post to the Services or otherwise transmit any misleading, defamatory, intimidating, hateful, obscene, tortious, or trademark-protected or copyright-protected information or content, or any virus or other malware, or any unsolicited advertising, solicitation or spam.
Copyright & Takedown
The appearance, content and organization of the Services are our copyrighted property and are protected by international copyright laws. Unless you have our prior written permission, you may not reproduce, re-publish, re-transmit, modify, prepare derivative works from, or make commercial use of any portion thereof.
We respect intellectual property rights and comply with the Digital Millennium Copyright Act, as from time to time amended. If you reasonably believe that any portion of the Services violates your valid copyright, please send to [firstname.lastname@example.org] a notice containing each of the following:
Your name, mail address, email address, and telephone number.
A reasonably detailed description of the copyrighted work you believe the Service infringes.
The location(s) on the Services of any such alleged infringement.
Your statement, made in good faith, that you truthfully believe that any such infringement is unauthorized by the copyright owner (or that owner’s representative) or by applicable law.
A statement, made and signed (by physical or valid electronic means) by you under penalty of perjury, that (a) the information in items (1)-(4) above is correct and (b) that you are either the copyright owner or their authorized representative.
You are solely responsible for maintaining the robustness and confidentiality of any account information–including but not limited to any account name or password–that you use on to access the Services. You agree to notify us promptly of any breach or misuse of your account information.
Reservation of Rights
We reserve the right, without prior notice and in our sole discretion, to update, edit, change or discontinue the Site or App, or any other portion of the Services, or to suspend or terminate your access thereto.
Third Party Links, Resources, and Products
The Services may contain links to other websites operated by third parties or to information provided by third parties or may make reference to products or services made, offered, or sold by third-parties. These links and references do not represent any endorsement or sponsorship of (nor do we make any representation or warranty regarding) these other sites, information, services, products or third-parties. These links and references are provided solely for your convenience. Your use of those sites will be subject to the terms, conditions, and policies posted there.
Jurisdiction & Choice of Law
For any dispute arising from or related to your use of the Services, sole jurisdiction shall vest in the state and federal courts located in the Commonwealth of Massachusetts, United States of America.
Any questions related to Services should be sent to [email@example.com].