Terms and Conditions
Welcome to the MyMedExchange™ website located at www.mymedexchange.com (the "Site"). The Site is an Internet property of My Med Exchange Inc. ("MyMedExchange™," "we" or "us"). You agree to be bound by these Terms and Conditions ("Terms and Conditions"), in their entirety, when you: (1) access or use the Site; (2) register as a basic member on the Site ("Emergency Member"), which enables you to access the various Emergency Member services detailed below ("Emergency Services") and/or (3) register as a premium member on the Site ("Premium Member" and together with the Emergency Members, "Members"), which enables you to access the various Premium Member services detailed below ("Premium Services" and together with the Emergency Services, "Services"). These Terms and Conditions are inclusive of the MyMedExchange™ Privacy Policy ("Privacy Policy") and any and all other applicable MyMedExchange™ operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference (collectively, "Agreement"). Please review the Agreement carefully. If you do not agree to the Agreement in its entirety, you are not authorized to use the Site in any manner or form whatsoever.
MYMEDEXCHANGE™ IS NOT ENGAGED IN RENDERING HEALTH ADVICE. MYMEDEXCHANGE™ IS NOT A MEDICAL OR HEALTH SERVICES ORGANIZATION. NEITHER OUR SITE, NOR OUR STAFF, CAN PROVIDE DIAGNOSIS OR MEDICAL ADVICE, AND NOTHING WE DO AND NO ELEMENT OF THE SITE SHOULD BE CONSTRUED AS SUCH. THE PRODUCTS AND/OR SERVICES THAT WE MAY PROVIDE ON THE SITE ARE NOT A SUBSTITUTE FOR PHYSICIAN CONSULTATION, EVALUATION OR TREATMENT. MYMEDEXCHANGE™, THEREFORE, DISCLAIMS ANY AND ALL LIABILITY FOR ANY LOSS, DAMAGE, OR INJURY BASED ON INFORMATION DIRECTLY OR INDIRECTLY OBTAINED THROUGH THE SITE. BECAUSE MYMEDEXCHANGE™ IS NOT A HEALTH CARE PROVIDER OR HEALTH CARE PLAN, AND BECAUSE MYMEDEXCHANGE™ DOES NOT STORE MEDICAL RECORDS ON BEHALF OF HEALTH CARE PROVIDERS OR HEALTH CARE PLANS, MYMEDEXCHANGE™ IS NOT A COVERED ENTITY FOR PURPOSES OF THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 ("HIPAA").
For more detailed information on HIPAA, please visit the following websites located at: www.hhs.gov/ocr/hipaa/ and/or www.hipaaadvisory.com/REGS/HIPAAprimer.html.
Acceptance of Agreement
You agree to the terms and conditions outlined in the Agreement with respect to your use of the Site and the Services. The Agreement constitutes the entire and only agreement between you and MyMedExchange™ with respect to your use of the Site and the Services, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the Services, Site, the content contained therein and/or any other products and services provided by or through same. MyMedExchange™ may change the Agreement, in whole or in part, at any time without specific notice to you. The latest Agreement will be posted on the Site. Your continued use of the Site and/or Services following posted notice constitutes your acceptance of all of the terms and conditions contained within the Agreement in effect at that time. Therefore, you should regularly check the Site for updates and/or changes. Unless explicitly stated otherwise, any future offer(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Site shall be subject to the Agreement.
Requirements
The Site is available only to residents of the United States and the District of Columbia that are at least eighteen (18) years old and that can enter into legally binding contracts under applicable law. If you are under the age of eighteen (18) years old, you do not have permission to use and/or access the Site.
Registration
MyMedExchange™ provides users with an opportunity to apply for medical record storage, monitoring and transportability Services that enable Members to create a personalized database of medical information that can be accessed by Members themselves, their designated personal health care providers ("Primary Physicians") and, in case of emergency, third parties with access to such Members' emergency account information ("Emergency Contacts").
In order to obtain the Services, you must first submit the applicable application form ("Application") to MyMedExchange™ for review and initial approval. The registration data that you must supply on the Site in order to obtain Services may include, without limitation: (a) your full name; (b) e-mail address; (c) mailing address; (d) daytime, cellular and/or emergency telephone numbers; (e) security question and answer; (f) user name and password; (g) personal and family medical history; (h) your primary care physician; (i) your medical records; (j) your height and weight; (k) your credit card information; and/or (l) any other information requested on the applicable Application (collectively, "Registration Data"). You agree to provide true, accurate, current and complete Registration Data and to update your Registration Data, as necessary, in order to maintain it in an up to date and accurate fashion. MyMedExchange™ will verify and approve all registrants in accordance with its standard verification procedures. We may terminate, suspend and/or modify the Services at any time, in our sole discretion.
After registering, and upon MyMedExchange's™ approval, MyMedExchange™ will send you a confirmation e-mail that contains your user name ("Member User Name"), password ("Member Password"), physician/health care provider user name ("Physician User Name"), physician/health care provider user password ("Physician Password") and a link to the Site. You can access your specific Member account by logging in on the Site's homepage using your Member User Name and Member Password. Your Primary Physicians can access your Member account using the Physician User Name and Physician Password assigned to you. In addition, after registering, and upon MyMedExchange's™ approval, MyMedExchange™ will mail you a MyMedExchange™ member card to be used in case of emergency ("Emergency Card"). The Emergency Card shall contain a user name ("Emergency User Name") and password ("Emergency Password") to be used by your Emergency Contacts in case you require a third party to access your Member account, and the information contained therein. Your Emergency Contacts can access your Member account by logging in on the Site's homepage using the Emergency User Name and Emergency Password displayed on the Emergency Card. You are responsible for maintaining the confidentiality of your Member account, Emergency Card, Member User Name, Member Password, Physician User Name, Physician Password, Emergency User Name, and Emergency Password and for restricting access to your computer and Emergency Card. You agree to accept responsibility for all activities that occur through use of your Member account, Emergency Card, Member User Name, Member Password, Physician User Name, Physician Password, Emergency User Name and Emergency Password, including activities that incur additional charges to your account.
Emergency Services
End-users that become Emergency Members shall have access to the Emergency Services only. The Emergency Services shall enable Emergency Members to create and store a chart of Emergency Member information on the Site ("Emergency Chart"). The Emergency Chart shall contain information including, but not limited, to: (a) Emergency Member's emergency contacts; (b) Emergency Member's medications; (c) Emergency Member's allergies; (d) Emergency Member's cholesterol levels; (e) information relating to such Emergency Member's primary care physician; (f) information relating to such Emergency Member's primary insurance provider; and (g) Emergency Member's age, height, weight, blood pressure, blood type, marital status and existing medical conditions. Emergency Members can access and modify their Emergency Chart at any time. Emergency Members' Primary Physicians may also access the Emergency Chart at any time using the applicable Physician Password and Physician User Name, but may not alter or modify the Emergency Chart in any way. In addition, the Emergency Contacts designated by Emergency Members can access the Emergency Chart of the applicable Emergency Members using the Emergency User Name and Emergency Password set forth on those Emergency Members' Emergency Cards; provided, however, that the Emergency Chart shall only be accessible using the Emergency User Name and Emergency Password for a period of twenty-four (24) hours from the time that such Emergency Members' accounts are first accessed using the Emergency User Name and Emergency Password. Thereafter, Emergency Member must request a new Emergency Card with a new Emergency User Name and Emergency Password in order to enable his/her Emergency Contacts to access his/her Emergency Chart.
Emergency Services Family Plan
End-users may also select the Emergency Member Family Plan. The Emergency Member Family Plan enables Emergency Members to include up to six (6) for Immediate Family Members (as defined below) under one (1) Emergency Member Family Plan account. For purposes of the Agreement, "Immediate Family Member" shall be limited to spouses, children, parents and grandparents. Any and all such Immediate Family Members included in your Emergency Member Family Plan can create their own Emergency Chart which shall be accessible using one (1) Member User Name and Member Password. Each Emergency Member, and each Immediate Family Member, shall have access to all the Emergency Charts compiled under the Member User Name and Member Password associated with your Emergency Member Family Plan.
Premium Services
End-users that become Premium Members shall have access to the Emergency Services, as well as the Premium Services. Pursuant to the Premium Service Membership, Premium Members shall be able to create a Emergency Chart that can be accessed by such Premium Members, their Primary Physicians and Emergency Contacts as set forth above. Further, Premium Members can create a comprehensive, searchable database of such Premium Members' medical records ("Medical Record Database") including, but not limited to, blood work, bone scans, x-rays, doctor reports, EKG reports, EEG reports, ECHO reports, CAT scans, CT scans, MRI results, sonogram results, PET scans, ultrasound results, dental records and other records that they wish to upload to their respective Medical Record Databases. The Medical Record Database is searchable using the following criteria: (a) document type; (b) medical condition; (c) health care provider/physician's name; and (d) date range. Premium Members can access, modify and update their Medical Record Databases at any time. Premium Members' Primary Physicians may also access the Medical Record Database at any time using the applicable Physician Password and Physician User Name. In addition, the Emergency Contacts designated by Premium Members can access the Medical Record Database of the applicable Premium Members using the Emergency User Name and Emergency Password set forth on those Premium Members' Emergency Cards.
Premium Members can update their Medical Record Databases at any time by sending the applicable documents to MyMedExchange™ and having us upload the documents for them. In addition, after registering to become a Premium Member, and upon MyMedExchange's™ approval, MyMedExchange™ will mail each Premium Member a Premium Member authorization letter that, when executed and returned to MyMedExchange™, shall enable us to access Premium Members' medical records directly from such Premium Members' designated physicians so that we can compile each Premium Member's Medical Record Database ("Member Authorization"). Premium Members are not required to submit a Member Authorization, and submitting a Member Authorization is entirely optional. Where Premium Members have provided MyMedExchange™ with a Member Authorization, and where MyMedExchange™ accesses a Premium Member's medical records in order to create his/her Medical Record Database, MyMedExchange™ shall either mail that Premium Member the original documents that MyMedExchange™ obtained from that Premium Member's physicians, or destroy same, as per the instructions of that Premium Member. Any costs associated with copying and mailing medical documents by and between the Premium Members' physicians and MyMedExchange™ shall be borne by MyMedExchange™ and are included in Premium Membership Fees (as defined below).
Please be advised that Premium Membership Fees cover the first one hundred and fifty (150) pages of each Premium Member's Medical Record Database. Each additional page added to a Premium Member's Medical Record Database after the first one hundred and fifty (150) pages shall incur a per-page charge as set forth below.
Premium Members shall also receive an annual email notice from MyMedExchange™ preceding the twelve (12) month anniversary of each Premium Member's prior annual check-up, but only where such Premium Member has indicated the date of his/her last annual check-up ("Check-up Notice").
Premium Services Family Plan
End-users may also select the Premium Member Family Plan. The Premium Member Family Plan enables Premium Members to include up to six (6) for Immediate Family Members (as defined below) under one (1) Premium Member Family Plan account. Any and all such Immediate Family Members included in your Emergency Member Family Plan can create their own Emergency Chart and Medical Record Database, each of which shall be accessible using one (1) Member User Name and Member Password. Each Premium Member, and each Immediate Family Member, shall have access to all the Emergency Charts and Medical Record Databases associated with your Premium Member Family Plan. In addition, each Immediate Family Member included in the Premium Member Family Plan that indicated the date of his/her last annual check-up will receive a Check-Up Notice from MyMedExchange™.
Fees
In consideration for your use of the Services as a Member, you agree to pay the Fees (as defined below). You shall have the choice to pay the Fees via the credit card or debit card that you provided during registration or updated at a later date ("Active Credit Card"). You will have four (4) separate Service options to choose from: (1) Emergency Membership; (2) Emergency Membership Family Plan; (3) Premium Membership; and Premium Membership Family Plan.
- : Where you have elected to register to become a Emergency Member, upon submitting your Application, your Active Credit Card will be charged: (a) a one time set-up fee of One Hundred Dollars ($100.00) ("Emergency Membership Fees"); and (b) Thirty Dollars ($30.00) on a monthly basis for your ongoing Emergency Membership ("Emergency Membership Monthly Fees").
- : Where you have elected to register for the Emergency Membership Family Plan, upon submitting your Application, your Active Credit Card will be charged: (a) a one time set-up fee of Two Hundred and Fifty Dollars ($250.00) ("Emergency Member Family Plan Fees"); and (b) Seventy-Five Dollars ($75.00) on a monthly basis for your ongoing Emergency Membership Family Plan ("Emergency Member Family Plan Monthly Fees").
- : Where you have elected to register to become a Premium Member, upon submitting your Application, your Active Credit Card will be charged: (a) a one time set-up fee of Two Thousand Six Hundred and Ninety Dollars ($2,690.00) ("Premium Membership Fees"); and (b) Seventy-Five Dollars ($45.00) on a monthly basis for your ongoing Premium Membership ("Premium Membership Monthly Fees").
- : Where you have elected to register for the Premium Membership Family Plan, your Active Credit Card will be charged: (a) a one time set-up fee of Six Thousand Seven Hundred and Twenty-Five Dollars ($6,725.00) ("Premium Member Family Plan Fees"); and (b) One Hundred and Twelve Dollars ($112.00) on a monthly basis for your ongoing Premium Membership Family Plan ("Premium Member Family Plan Monthly Fees" and, together with the Emergency Membership Monthly Fees, Emergency Member Family Plan Monthly Fees and Premium Membership Monthly Fees, the "Monthly Fees").
- : Premium Membership Fees cover the first one hundred and fifty (150) pages of your Medical Record Database, and, where applicable, the Premium Member Family Plan Fees cover the first one hundred and fifty (150) pages of each applicable Immediate Family Member's Medical Record Database (each, a "Page Limit Threshold"). For each page beyond the Page Limit Threshold added to your Medical Record Database and/or, where applicable, your Immediate Family Member's Medical Record Database, your Active Credit Card will be charged a per-page fee of Four Dollars and Seventy-Five Cents ($4.75) ("Page Fees" and, together with the Emergency Membership Fees, Emergency Member Family Plan Fees, Premium Membership Fees, Premium Member Family Plan Fees and Monthly Fees, the "Fees").
- : As a Member, you agree that all Monthly Fees may be automatically billed to your Active Credit Card account, and that you have the authority to authorize such billing. For so long as your Membership remains active, all applicable Monthly Fees will accrue on the monthly anniversary date of your sign-up, and such Monthly Fees will be charged in advance. You acknowledge and agree that MyMedExchange™ will not obtain additional authorization from you for each monthly installment of the Monthly Fees charged to your Active Credit Card. Failure to use the Services does not constitute a basis for refusing to pay any of the associated Monthly Fees.
The Fees will appear on your Active Credit Card bill through the identifier "MyMedExchange Inc." All Fees are payable in United States currency. Failure to use the Services does not constitute a basis for refusing to pay any of the associated charges. You shall be responsible for paying any and all applicable sales tax (if any) due to all taxing authorities arising from, or in connection with, your purchase of the Services and/or other products and/or services purchased by and through the Site. You agree to be bound by the pricing and billing practices of MyMedExchange™ in effect at any given time. Upon prior written notice to you (with e-mail sufficing), MyMedExchange™ reserves the right to change its pricing and/or billing practices whenever necessary, in its sole discretion. Continued use of the Services after receipt of such notice shall constitute consent to any and all such changes.
Where you fail to make any scheduled payment for accrued Fees, such overdue amounts will be subject to interest charges in the amount of the lesser of one and one half percent (1.5%) per month, compounded monthly, or the maximum permitted by law. Your Member account may be deactivated, and access to the Site, as well as the Services denied, for non-payment. MyMedExchange's™ authorization to provide and bill its Services is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. MyMedExchange's™ reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures.
We reserve the right in our sole discretion to terminate or restrict your use of the Site and/or Services, without notice, for any or no reason, and without liability to you or any third party. Any such termination will be effective immediately.
If you have any questions regarding your Member account or our billing practices, please call us at: (516) 658-0856 or email us at: support@mymedexchange.com.
Refund Policy
Where you cancel your Emergency Member account, Emergency Member Family Plan account, Premium Member account or Premium Member Family Plan, at any time within the first twelve (12) months of your applicable Membership, you will receive a full refund of any and all Emergency Membership Fees, Emergency Member Family Plan Fees, Premium Membership Fees and/or Premium Member Family Plan Fees, as applicable, and you will not be charged for any subsequent Fees ("Qualifying Refund"); provided, however, that there will be no refund issued in connection with the Monthly Fees accrued up until the date of such cancellation.
You may cancel your Services account at any time; provided, however, that: (a) other than Fees included in your Qualifying Refund, if any, you will remain responsible for timely payment of any and all Fees that you have already incurred (including any applicable late fees); (b) you shall not receive any pro-rata refund for partial months in connection with Monthly Fees; and (c) we will not refund any amounts previously paid up to the date of cancellation or termination (other than in connection with the Qualifying Refund). Please have your Registration Data available for efficient processing of your cancellation order. You understand and agree that cancellation of your Membership is your sole right and remedy with respect to any dispute with MyMedExchange™.
You will have a thirty (30) day grace period following cancellation to access your Emergency Chart and Medical Records Database to print out copies of the information contained therein. Thereafter, MyMedExchange™ reserves the right to erase all such information and copies thereof.
To cancel your Services account, call: (516) 658-0856 or email us at: support@mymedexchange.com. If you cancel by phone, your cancellation will be effective immediately. If you cancel by e-mail, it will be effective within twenty-four (24) hours of our receipt of your e-mail.
Copyright and Trademarks
All content and other material featured on the Site and through the Services including, without limitation, the MyMedExchange™ logo, tagline, trademarks, service marks, design, text, images, graphics and other files, and the selection and arrangement thereof, is owned or licensed by MyMedExchange™ or its affiliates and/or licensors, as applicable, and is protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. You are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site, Services and all other material posted or made available by and through the Site and/or Services in accordance with the Agreement. MyMedExchange™ may terminate this license at any time for any reason. Except as expressly provided in the Agreement, no part of the Site and/or Services may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without MyMedExchange's™ prior express written consent. Systematic retrieval of material from the Site by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from MyMedExchange™ is prohibited. You may not create any "derivative works" by altering any aspect of the Site. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, rights of publicity or trademarks with respect to any of the material posted or made available through the Site. The posting of information or material at the Site by MyMedExchange™ does not constitute a waiver of any right in or to such information and materials. MyMedExchange™ reserves all rights not expressly granted hereunder. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You may not take any action that imposes an unreasonable or disproportionately large load on the Site infrastructure.
DISCLAIMER
THE SITE, BASIC CHARTS, MEDICAL RECORDS DATABASE, EMERGENCY CARDS, CHECK-UP NOTICES, ANY INFORMATION OR OTHER CONTENT CONTAINED ON THE SITE, ANY PRODUCTS, SERVICES OR ADVICE AND/OR ANY OTHER MYMEDEXCHANGE™ SERVICES, ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, MYMEDEXCHANGE™ MAKES NO WARRANTY THAT THE SITE, BASIC CHARTS, MEDICAL RECORDS DATABASE, EMERGENCY CARDS, CHECK-UP NOTICES, ANY INFORMATION OR OTHER CONTENT CONTAINED ON THE SITE, ANY PRODUCTS, SERVICES OR ADVICE AND/OR ANY OTHER MYMEDEXCHANGE™ SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE, OR AGAINST INFRINGEMENT; (E) WILL NOT EXPOSE YOU TO HEALTH RISKS; AND/OR (F) WILL BE ACCURATE OR RELIABLE. THE SITE, BASIC CHARTS, MEDICAL RECORDS DATABASE, EMERGENCY CARDS, CHECK-UP NOTICES, ANY INFORMATION OR OTHER CONTENT CONTAINED ON THE SITE, ANY PRODUCTS, SERVICES OR ADVICE AND/OR ANY OTHER MYMEDEXCHANGE™ SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. MYMEDEXCHANGE™ WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MYMEDEXCHANGE OR OTHERWISE THROUGH OR FROM THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MYMEDEXCHANGE™ SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MYMEDEXCHANGE™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE, BASIC CHARTS, MEDICAL RECORDS DATABASE, EMERGENCY CARDS, CHECK-UP NOTICES, ANY INFORMATION OR OTHER CONTENT CONTAINED ON THE SITE, ANY PRODUCTS, SERVICES OR ADVICE AND/OR ANY OTHER MYMEDEXCHANGE™ SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER MYMEDEXCHANGE™ SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE SITE; (C) ANY INJURY OR MEDICAL CONDITION STEMMING FROM PROMOTINAL OFFERS OR ANY INFORMATION, CONTENT OR ADVICE OBTAINED FROM THE SITE; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA, BASIC CHART AND/OR MEDICAL RECORDS DATABASE; AND (E) ANY OTHER MATTER RELATING TO THE SITE, BASIC CHARTS, MEDICAL RECORDS DATABASE, EMERGENCY CARDS, CHECK-UP NOTICES, ANY INFORMATION OR OTHER CONTENT CONTAINED ON THE SITE, ANY PRODUCTS, SERVICES OR ADVICE AND/OR ANY OTHER MYMEDEXCHANGE™ SERVICES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE MYMEDEXCHANGE™ FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF MYMEDEXCHANGE™ TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND MYMEDEXCHANGE™. ACCESS TO THE SITE, BASIC CHARTS, MEDICAL RECORDS DATABASE, EMERGENCY CARDS, CHECK-UP NOTICES, ANY INFORMATION OR OTHER CONTENT CONTAINED ON THE SITE, ANY PRODUCTS, SERVICES OR ADVICE AND/OR ANY OTHER MYMEDEXCHANGE™ SERVICES WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. Some jurisdictions do not allow certain limitations on liability and in such jurisdictions MyMedExchange's™ liability shall be limited to the maximum extent permitted by law.
Editing, Deleting and Modification
We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Site.
Bypassing or Disabling any Portion of the Site or Software
If you bypass or disable any portion of the Site or associated software, you are in violation of the Agreement and MyMedExchange™ may suspend or terminate your use of the Site and/or Services without notice.
Indemnification
You agree to indemnify and hold MyMedExchange™, its parents and subsidiaries, and each of their respective members, shareholders, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third-party due to or arising out of: (a) your use of the Site and/or Services in any manner whatsoever; (b) acts and/or omissions associated with your Member account whether attributable to you or your Emergency Contacts, Primary Physicians, Immediate Family Members or otherwise; (c) any dispute between you and any Emergency Contacts, Primary Physicians, Immediate Family Members; (d) your breach of the Agreement; and/or (e) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of MyMedExchange™, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, shareholders, content licensors and/or other partners. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
Third-party Websites
The Site may contain links to other websites on the Internet that are owned and operated by third-parties. MyMedExchange™ does not control the information, products or services available on these third-party websites. The inclusion of any link does not imply endorsement by MyMedExchange™ of the applicable website or any association with the website's operators. Because MyMedExchange™ has no control over such websites and resources, you agree that MyMedExchange™ is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third-parties. Any dealings with, or participation in promotions offered by, advertisers on the Site and/or other third-parties, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with any such dealings or promotions, are solely between you and the applicable advertiser or other third-party. You further agree that MyMedExchange™ shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such third-party website or any such dealings or promotions.
User Information
Except where expressly provided otherwise by us in the Agreement, and subject to the Privacy Policy, all Registration Data and/or materials that you submit through or in association with this Site shall be considered confidential. For a copy of the Privacy Policy, please Click Here.
Miscellaneous
The Agreement shall be treated as though they were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the terms and conditions of the Agreement or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York City, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. The Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against MyMedExchange™, its employees, officers, directors, members, representatives and assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorneys' fees and court costs that MyMedExchange™ incurs in seeking such relief. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. The Agreement is personal between you and MyMedExchange™ and governs your use of the Site. MyMedExchange's™ failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. The Agreement is the entire agreement between the parties pertaining to its subject matter, and supersedes all prior written or oral agreements (including prior versions of the Agreement and any conflicting confidentiality agreements), representations, warranties or covenants between the parties with respect to such subject matter. There are no third-party beneficiaries to the Agreement. The headings of sections or other subdivisions of these Terms and Conditions will not affect in any way the meaning or interpretation of these Terms and Conditions. The Agreement will be binding on, inure to the benefit of, and be enforceable against, the parties and MyMedExchange's™ successors and assigns. You are not permitted to transfer any rights and/or obligations pursuant to the Agreement without the express written consent of MyMedExchange™. Any attempt to do so will result in you being denied access to the Site.
Contact Us
If you have any questions regarding this Privacy Policy, or would like more information on our privacy practices, please call us at: (516) 658-0856 or email us at: support@mymedexchange.com.
Electronic Signatures
You acknowledge and agree that by clicking on the submit button, or taking such other action as may be designated by MyMedExchange™ as a means of accepting the Agreement, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submission constitutes your agreement and intent to be bound by the Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws including, without limitation, the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SERVICES OFFERED BY MYMEDEXCHANGE™. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
Revised: October 2008