Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OUR WEBSITE AND MOBILE DEVICE APPLICATION.

Medtexter, LLC a Nevada limited liability company with its principal offices in Raritan, Nevada (“we” or “us”), is making its Medtexter mobile device application (the “App”) and related website (including the mobile-optimized versions of such website, the “Site”) available to you under these Terms of Use (this “Agreement”). The App and the Site are referred to together as the “Application.” By using the Application and/or by clicking the “I Agree” button on the Site or the “Accept” button in the App, you unconditionally agree to follow and be bound by these Terms of Use. If you do not agree to be bound by and comply with all of these Terms of Use, you may not use our Application.

IMPORTANT!!! THE SERVICE IS INTENDED SOLELY AS A TOOL TO ASSIST YOU IN ORGANIZING, UNDERSTANDING AND MANAGING HEALTHCARE-RELATED INFORMATION. THE SERVICE IS NOT INTENDED TO PROVIDE HEALTH OR MEDICAL ADVICE. THE SERVICE IS NOT PROVIDED IN THE COURSE OF A PROFESSIONAL RELATIONSHIP BETWEEN A HEALTH CARE PROVIDER AND A PATIENT AND IS NOT INTENDED TO CREATE ANY PATIENT RELATIONSHIP, NOR SHOULD IT BE CONSIDERED A REPLACEMENT FOR CONSULTATION WITH A HEALTH CARE PROFESSIONAL. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY SEEKING MEDICAL ADVICE BECAUSE OF SOMETHING YOU HAVE READ ON THE SERVICE OR THE RESULTS YOU RECEIVE THROUGH THE SERVICE. FURTHERMORE, THE SERVICE MAY NOT BE USED BY HEALTH CARE PROFESSIONALS TO INTERACT WITH THEIR PATIENTS.

YOU UNDERSTAND THAT YOU ARE WHOLLY RESPONSIBLE FOR YOUR PROVIDED INFORMATION AND DATA ENTERED INTO AND REQUIRED BY THE APPLICATION AND THAT IT IS COMPLETE, ACCURATE, CORRECT AND IS CURRENT.

IN ADDITION, YOU UNDERSTAND AND AGREE THAT IN PROVIDING THE SERVICE WE RELY ON A NUMBER OF THIRD PARTY PROVIDERS, INCLUDING FOR PURPOSES OF SENDING, SMS, TEXT MESSAGES, EMAILS, AND PUSH NOTIFICATIONS, AND HEREBY DISCLAIM ANY LIABILITY WITH RESPECT TO THE SERVICES PROVIDED BY SUCH PROVIDERS. YOU SHOULD NOT RELY ON THE SERVICE FOR ANY LIFE-THREATENING CONDITION OR ANY OTHER SITUATION WHERE TIMELY ADMINISTRATION OF MEDICATIONS OR OTHER TREATMENT IS CRITICAL.

Intended Users:

The Application is available only to users who are at least 18 years old and residents of the United States. The Application is intended for use only in the United States, its territories and its possessions. You agree to use the Application only in such locations.

Modifications of this Agreement:

We reserve the right to update or modify these Terms of Use, at any time and for any reason, without penalty or liability to you or any third party. By continuing to use the Application after any such changes, you unconditionally agree to follow and be bound by the Terms of Use as changed. For these reasons, we encourage you to periodically review these Terms of Use.

Disclaimers:

THE APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE APPLICATION OR ANY INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED OR REFERENCED THEREIN. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT YOUR USE OF THE APPLICATION IS AT YOUR SOLE RISK. NO COMMUNICATION, INFORMATION OR ADVICE GIVEN BY US OR ANY REPRESENTATIVE OF OURS SHALL CREATE ANY WARRANTY. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

Requirements for Use:

In order to use the App or the Site, you must have compatible computing and mobile devices, access to the Internet and mobile messaging and data services, and certain necessary software. Fees and charges may apply to your use the Internet or mobile services, and you may be required to purchase hardware or software to enable your devices to access the Application. You agree that you are responsible for meeting these requirements and for your use of the Internet, any associated fees, charges or expenses. 

Application is a Secondary Reminder Tool; Time Zone Update

The Application is intended as a helpful backup reminder system that you can personalize for taking your medications. You should not and must not rely on the Application as your primary tool for determining whether and when to take medication. For example, although the Application has a time zone update option which in the event of travel permits you to maintain your medication alert schedules based on your pre-travel time zone or in the alternative to switch your medication alert schedules to the time zone of your post-travel location, you must determine in consultation with your doctor when is the proper time to take all of your medications.

In addition, as further described under “Technology; Support” below, the Application may not function as intended. Specifically, the Application will not function properly if your device is broken or powered off, if the Application software is not enabled or if any hardware or software on your device prevents the Application from operating as intended. The maintenance of your mobile and computing devices is your responsibility. You acknowledge that the Application, and the utility of any of its alerts or notifications, depends on information that you input into the Application.
Ultimately, you are solely responsible for ensuring that the correct medication is taken at the proper times and in the proper dosages.

No Medical Advice; Adherence Percentages and Reports Section:

Information, reports, messages, comments, posts, text, graphics, software, photographs, videos, data and other materials are made available from us or third parties through the Application (collectively “Content”). For example, the interface of the Application provides you with names, pictures or descriptions of various medications. We do not guarantee and are not responsible for the accuracy, completeness, or timeliness of any Content.

All Content, including the 7-Day Adherence Percentages, the 30-Day Adherence Percentages, and the Reports section described below, is for informational purposes only. No Content is or should be considered, or used as a substitute for, medical advice, care, diagnosis or treatment. The Application does not constitute the practice of any medical, nursing or other professional health care advice, diagnosis or treatment. It does not prescribe, dispense, or refill prescriptions. The provision of information about or the enablement of the reminder system with respect to any drug is not a recommendation or endorsement for such drug. The Application is not intended to and does not identify any drug-drug interaction, and thus, the Application will not recognize or alert you to any drug-drug interaction that may be harmful to you. The absence of a warning for a given drug or drug combination does not and should not be construed to indicate that a drug or drug combination is safe, appropriate or effective for you or anyone else. Furthermore, the Application is not intended to provide any dosing information, and we are not responsible for any errors in dosages taken. Reliance on any information provided by us, our employees or third parties through your use of the Application is solely at your own risk.

On the home page of the App, the Application calculates a rolling 7-day percentage (each “7 Day Adherence Percentage”) related to your overall adherence based on your self-reporting.

BECAUSE THE DOSING SCHEDULE FOR A PARTICULAR MEDICATION MAY REQUIRE STRICT ADHERENCE AND ADHERENCE MUST BE ASSESSED IN CONSULTATION WITH YOUR DOCTOR, ANY ADHERENCE PERCENTAGE, EVEN A VERY HIGH ONE, MAY NOT BE RELIED UPON AS AN INDICATOR THAT YOU ARE TAKING YOUR OR THEIR MEDICATIONS WHEN AND AS PRESCRIBED.

Always seek the advice of your doctor or other qualified health provider with any questions you may have regarding personal health, medical conditions or drugs and before commencing or discontinuing any course of treatment or medication. Never disregard, avoid or delay in obtaining medical advice from your doctor or other qualified health care provider because of any information you have received or obtained through the use of the Application. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately. If you are in the United States and are experiencing a medical emergency, please immediately call 911 for emergency medical help.

Adverse Events with Medical Products:

If you have an unexpected or negative reaction (or “adverse event”) that may be related to the use of a medical product, it is very important that you tell your doctor and also report it to the company that makes or sells the product so it can investigate the incident. The product should include the company’s phone number on the label. You can also report the problem to the United States Food and Drug Administration at http://www.fda.gov/medwatch/index.html.

Third Party Websites and Materials:

References or links within the Application to any third parties or their websites or information are provided only as a convenience to you and do not in any way mean that we endorse, sponsor or recommend any third-party material, product or service. We do not make any representations regarding the content, accuracy, completeness, decency, legality, non-infringement, quality or any other aspect of material on such third-party websites, content, data, information, applications or materials. We are not responsible for and do not assume any liability with respect to the content, privacy practices or otherwise of third parties.

SMS/Text Alerts:

If you use Medtexter on a feature phone (as opposed to a smartphone such as Android and iPhone devices), then you may use the Application to receive reminders via text messages. You agree to the SMS terms and conditions made available to you when you entered your mobile phone number and selected to receive reminders as SMS/Text messages.

Medtexter Alerts are free, though standard text messaging fees for your cell phone provider may apply based on your cell phone/text-messaging plan. You represent that you or, if you are not the account holder for the cell phone number provided, the account holder authorizes charges for these text messages to appear on the wireless bill associated with the cell phone number provided or to be deducted from the prepaid balance.

Please note that SMS/text messaging is not a secure form of communication and we suggest you password protect your device.

SMS/Text Privacy Policy:

You acknowledge and agree that the SMS program is provided via wireless systems, which use radio signals (and other means) to transmit communications over complex networks. We do not guarantee that your use of the SMS program will be private or secure, and we are not liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the SMS program.
Medtexter will never rent or sell your phone number to any third party, nor will we use your phone number to initiate a call or SMS to you without your express or implied prior consent.

Our text messaging service supports the following carriers: Alltel, AT&T Mobility, Associated Carrier Group (ACG), Boost, Cincinnati Bell, Cricket, Nextel, Sprint, Tier 2/3 Carrier Group, T-Mobile, US Cellular, Verizon, and Virgin Mobile.

You also agree not to look or respond to SMS/Text Messages or notifications while driving or any other activity that requires your full attention for safety for yourself or others.

Email Terms and Conditions/Privacy:

If you subscribe to our email services, you agree to receive email service messages at the address you provide for such purposes. Such messages will come from Medtexter.
Participation in our service is included in your Subscription, but you will be responsible for paying any personal Internet connection or other Internet carrier charges, if any. You may terminate the service at any time by following the opt-out instructions below. You represent that you are the owner or authorized user of the email account/address you use to sign up for the email service.
You acknowledge and agree that the email service is provided via systems, which use the Internet to transmit communications over complex networks. We do not guarantee that your use of the email service will be private or secure, and we are not liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the email service.
The materials in the email are private and may contain Protected Health Information (PHI)

Push Notifications:

Technology Support:

We do not warrant or guarantee that the Application will function with your mobile or computing device or be compatible with the hardware or software on any particular devices. Information will be transmitted over a medium that will be beyond our control and jurisdiction; multiple factors, including network availability, may affect alert or notification delivery or otherwise interfere with the operation of the Application. We do not warrant or guarantee against, and therefore assume no liability for or relating to, any errors, omissions, delays, failures, interruptions, or corruption or loss of any data, alerts, notifications or other information transmitted in connection with your use of the Application, particularly relating to any failure of the reminder system to function as expected, including but not limited to the non-delivery of any alerts or notifications.

Without limiting the foregoing, we, our licensors, and our suppliers make no representations or warranties about (1) the availability, accuracy, reliability, completeness, quality, performance, suitability or timeliness of the Application, including software, text, graphics, links, or communications provided on or through the use of the Application; or (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 Application.

We have no obligation to provide technical support or maintenance for the Application. At any time and for any reason, without notice or liability, we may modify or discontinue the Application or any part of it or impose limits on your use of or access to the Application.

Although we take reasonable measures to keep the Application free of viruses, worms, Trojan horses or other code that contain destructive properties, we do not warrant or guarantee that files available for downloading through the Application will be free of such contaminations.

User’s Responsibilities:

If you submit any information, messages, comments, posts, text, photographs, data and other materials (collectively “User Content”) to us through or related to the Application or send us any business information, idea, concept or invention to us by e-mail, you represent and warrant to us that such User Content is not confidential and that you have all necessary permission to submit or otherwise make available such User Content. In addition, subject to limitations set forth in our Privacy Policy, you grant us a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or User Content in any media or medium, or any form, format, or forum now known or hereafter developed, including the right to sublicense through multiple tiers of sublicenses.

You further agree that:

You will not reproduce, duplicate, copy, sell, resell, or exploit the Application, its content, its software or any portion of any of the foregoing;
You will not use the Application for any purpose in violation of local, state, national or international laws; and
You will not impersonate another person or entity or otherwise misrepresent your affiliation with a person or entity.
You agree not to interfere or attempt to interfere with the proper working of the Application or to disrupt the operations or violate the security of the Application. Violations of system or network operation or security may result in civil or criminal liability. We will investigate possible occurrences of such violations, and we may involve and cooperate with law enforcement authorities in prosecuting anyone involved with such violations. 

You agree to comply with all user responsibilities and obligations as stated in this Agreement. Our failure to act with respect to a breach by you or others of these Terms of Use does not waive our right to act with respect to similar or other breaches.
Privacy: 

The personal information you provide to us through your use of the Application is governed by our Privacy Policy. We respect your privacy, and a complete statement of our current privacy policy can be found by clicking here. We may update our policies and practices from time to time at our sole discretion. 

Account and Password

 The Application will allow you to record and store information. You agree to keep your information accurate, complete and current. Account and Password: You are responsible for the security and confidentiality of your Application account and password and any activity on your account. It is your sole responsibility to monitor and control access to and use of your account and password. At any time, you may delete your account via the App or Site. 

License Grant

 We hereby grant to you a limited, non-exclusive, non-assignable, non-sub licensable license to access and use our Application, and any user guides, specifications or related documentation (the “Documentation”), subject to the terms and conditions of this Agreement. This license is only for your personal and non-commercial use and only for the term of this Agreement. To the extent not limited or restricted under any applicable law or regulation, you are granted permission to temporarily download one copy of the App for personal, non-commercial use only on each mobile device that you own or control. You may not distribute or make the App available for use by others on multiple devices simultaneously. 

Under this license, except as and only to the extent any of the following restrictions are prohibited by applicable law or any of the restricted activities are permitted by the licensing terms of any open-sourced components incorporated into the App, you may not:
lend, rent, lease, sell, redistribute, assign, sublicense or otherwise transfer the App or the right to download or use the App;
use the App for any commercial purpose or for any commercial or non-commercial public display;
copy, decompile, reverse engineer, disassemble, derive the source code of the App, any App updates, or any part of the App or updates, or attempt to do any of the foregoing;
modify or create derivative works of the App, any App updates or any part of the App or updates;
remove any copyright or other proprietary notations from any App or part of the App; or
transfer the content or materials from the App or Site to anyone else or “mirror” the same on any server.
If you violate any of these restrictions, this license will automatically terminate, and you may be subject to prosecution and damages.

Ownership:

We retain all rights to the Application that are not specifically granted to you in this Agreement. We do not transfer to you any title to or any proprietary or intellectual property rights in or to the Application, any updates or derivative works of the App, or the Documentation, or any copyrights, patent rights, or trademarks embodied or used in connection with the Application.

Phishing and spoofing:

If you receive an unsolicited e-mail that appears to be from Medtexter that requests personal information (such as your credit card number, user name, or password), or that asks you to verify or confirm your Medtexter information by clicking on a link, that e-mail was sent by a “phisher” or “spoofer.”

Medtexter will never ask for this type of information in an e-mail, and we recommend that you do not respond to such e-mails and that you do not click on the link. Responding to “phishing” places you and your personal information at risk.

Copyright and Trademarks:

You agree that the Application contains proprietary content, information and material that is protected by intellectual property and other laws in the United States and internationally. Therefore, service marks, trade names, trade dress and products are the property of their respective companies. No trademark or service mark license is granted to you with regard to materials contained in the Application. Your access to the Application does not authorize you to use any name, logo or mark in the Application in any manner. Furthermore, all Application software is the property of our suppliers or us and protected by U.S. and international copyright laws. No software license is granted to you with respect to any Application software. 

Any use of the Application or its content that is not expressly permitted by these Terms of Use is a breach of this Agreement and may violate copyright, trademark and other laws. All rights not expressly granted to you in this Agreement are reserved by our licensors and us.

Export Restriction:

Except as authorized by U.S. law and the laws of the jurisdiction in which the Application was obtained, you may not use, export or re-export the Application. Specifically, and without limiting the foregoing, the Application may not be exported or re-exported into any U.S. embargoed countries or to anyone on the U.S. Department of Commerce Denied Person’s List or Entity List or the U.S. Treasury Department’s list of Specially Designated Nationals. You represent and warrant that you are not on any such list or located in any such country and that you will not use the Application for any purposes prohibited by U.S. law.

Limitations on Liability:

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL WE, OUR AFFILIATES, OR ANY OF OUR OR THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY PERSONAL INJURY, INCLUDING DEATH, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE APPLICATION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER OR DEVICE FAILURE OR MALFUNCTION, EVEN IF A REPRESENTATIVE OF OURS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES IN EXCESS OF ONE HUNDRED DOLLARS ($100).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law. 

Any claims arising in connection with your use of the Application must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use, even if the applicable remedy under these Terms of Use fails of its essential purpose.

Indemnity:

You agree to defend, indemnify, and hold harmless us, our officers, directors, employees, agents, licensors and suppliers, any of our affiliated companies or organizations, and any successors, assigns or licensees, from and against any claims, actions or demands, damages, losses, liabilities, judgments, settlements, costs or expenses (including attorneys’ fees and costs) arising from or relating to your use of the Application or your breach or violation of this Agreement.

Termination of Application:

These terms are effective until terminated by either you or us. You may terminate this Agreement at any time, provided that you discontinue any further use of the Application. If you violate these Terms of Use, our permission to you to use the Application automatically terminates. We may, in our sole discretion, terminate this Agreement and your access to any or all of the Application, at any time and for any reason, without penalty or liability to you or any third party. In the event of your breach of this Agreement, these actions are in addition to and not in lieu or limitation of any other right or remedy that may be available to us. 

Upon any termination of the Agreement by either you or us, you must promptly uninstall the App on all of your devices and destroy all materials downloaded or otherwise obtained from the Application, all Documentation, and all copies of such materials and Documentation. The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Limitations on Liability, Indemnity, Choice of Law and Forum, Complete Agreement and Severability.

Choice of Law and Forum:

This Agreement shall be governed in all respects under the laws of the state of Nevada, exclusive of its choice of law or conflict of laws provisions. In any claim or action by you directly or indirectly arising under this Agreement or related to the Application, you and we each irrevocably agree to submit to the exclusive personal jurisdiction of the state courts of Nevada sitting in Las Vegas, Nevada, or if any such court does not have subject matter jurisdiction, then you and we each irrevocably agree to submit to the exclusive personal jurisdiction of the United States District Court for the Nevada. You and we each waive any jurisdictional, venue or inconvenient forum objections to any of these courts that may have jurisdiction.

Complete Agreement:

This Agreement and our Privacy Policy constitute the entire agreement between you and us relating to your access to and use of the Application. To the extent there is an inconsistency between this Agreement and the Privacy Policy, this Agreement shall govern. Anything contained in or delivered through the Application that is inconsistent with or conflicts with the terms of this Agreement is superseded by the terms of this Agreement. This Agreement may not be modified, in whole or in part, except as described elsewhere in this Agreement.

Severability:

If any of the provisions of this Agreement are held to be not enforceable by a court or other tribunal of competent jurisdiction, then such provisions shall be reformed, limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.

Assignability:

You agree that these Terms of Use and all incorporated agreements between you and us may be automatically assigned by us, in our sole discretion, to an affiliate or to a third party in the event of a merger, acquisition or liquidation.

Contact information:

All notices to you relating to this Agreement shall be posted on the Application or sent to you at the e-mail or physical address, if any, that you provided to us. All notices to us relating to this Agreement shall be in writing and sent to the following:

Medtexter 
LLC
7582 Las Vegas BLVD South
Suite 353
Las Vegas, NV 89123

Notice shall be deemed given when notice is posted on the Application or when the e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Unless the regular mail is returned to the sender, notice shall be deemed given three days after the regular mail is sent, in the case of domestic mail, or seven days after the regular mail is sent, in the case of international mail.

 

Last updated: JULY 31, 2014