Medic8 Manager LLC (“Medic8 Manager”) is committed to protecting your privacy.
We strongly believe in protecting the privacy of the personally identifiable information you share with us.
We will not sell, rent, or give your name or address to anyone.
We comply with (HIPAA) Health Insurance Portability and Accountability Act.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING PERSONAL CAREGIVER™ the iPhone application (the "iMEDIC8 APPLICATION"). USE OF THE iMEDIC8 APPLICATION IS SUBJECT TO THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. BY SELECTING “ACCEPT” OR BY USING THE iMEDIC8 APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND INTEND TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS, YOU SHOULD CLICK ON THE “Don’t Accept” BUTTON BELOW.
IN A MEDICAL EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.
Medic8 Manager, through its web property "www.personalcaregiver.com" and “www.imedic8.com” collectively (the “Medic8 Website”) or via the iMedic8 application, provides You with a variety of resources, including, without limitation, news and information about Medic8 Manager and the iMedic8 Application, and the ability to communicate electronically with Medic8 Manager on or through the Medic8 Website and the iMedic8 Application.
Medic8 Manager’s current privacy
and is incorporated herein by reference.
Privacy is important to us; therefore, we will not sell, rent, or give your name or address to anyone.
We comply with (HIPAA) Health Insurance Portability and Accountability Act.
All materials displayed on, or contained within, the Medic8 Website or the iMedic8 Application, including, without limitation, design, text, editorial materials, informational text, photographs, illustrations, artwork and other graphic materials, and names, logos, trademarks and service marks (collectively, the “Materials”), are the property of Medic8 or its licensors and may be protected by patent, copyright, trademark and all other applicable intellectual property laws. The Medic8 name, designs and related marks contained within the Materials are trademarks of Medic8 Manager. You acknowledge and agree that the Medic8 Website, the iMedic8 Application and the Materials are the property of Medic8 Manager and its respective service providers, suppliers or licensors, and that You will not acquire any rights or licenses in any trademarks, patents, copyrights or other intellectual property on the Medic8 Website, the iMedic8 Application or in the Materials. The Medic8 Website, the iMedic8 Application and the Materials are protected by copyright, both individually and as a collective work or compilation, by trademark laws, and by other applicable laws.
You may use the Medic8 Website’s or the iMedic8 Application’s features, offerings and content for lawful purposes only. By using the Medic8 Website or the iMedic8 Application, You represent and warrant that: (i) You have the power and authority to accept these terms and conditions and to enter into this Agreement with Medic8 Manager; (ii) You are capable of assuming, and do assume, any risks related to the use of the content and Materials on the Medic8 Website and the iMedic8 Application; and (iii) You understand and accept the terms, conditions and risks relating to the use of the content and Materials on the Medic8 Website and the iMedic8 Application. If You do not agree with the terms and conditions of this Agreement or are in any way dissatisfied with the Medic8 Website, the iMedic8 Application or the Materials, your exclusive remedy is to discontinue using the Medic8 Website and the iMedic8 Application.
I. iMedic8 End User License Agreement
The iMedic8 Application is licensed, not sold, to You for use only under the terms of this license. Medic8 Manager LLC (“Application Provider”) reserves all rights not expressly granted to You. The iMedic8 Application that is subject to this license is referred to in this license as the “Licensed Application.”
a. Scope of License. This license granted to You for the Licensed Application by Application Provider is limited to a non-transferable license to use the Licensed Application on any iPhone or iPod touch that You own or control and as permitted by the Usage Rules set forth in Section 9.b. of the App Store Terms and Conditions (the “Usage Rules”), which are incorporated herein by reference. This license does not allow You to use the Licensed Application on any iPod touch or iPhone that You do not own or control, and You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of the Application Provider and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Application Provider that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
c. Termination. The license is effective until terminated by You or Application Provider. Your rights under this license will terminate automatically without notice from the Application Provider if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
d. Services; Third Party Materials. The Licensed Application may enable access to Application Provider’s and third party services and web sites (collectively and individually, "Services"). Use of the Services may require Internet access and that You accept additional terms of service.
You understand that by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that the Application Provider shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.
Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that the Application Provider is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Application Provider does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, You should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither the Application Provider, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Services.
You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Application Provider is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services.
In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the iPhone or iPod touch are not available in all languages or in all countries. The Application Provider makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. The Application Provider, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will the Application Provider be liable for the removal of or disabling of access to any such Services. The Application Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
e. NO WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ("SERVICES") ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLICATION PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APPLICATION PROVIDER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
f. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLICATION PROVIDER BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Application Provider’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
h. The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
i. The laws of the State of Illinois, excluding its conflicts of law rules, govern this license and your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.
j. Developer Name and Address. Any questions, complaints or claims with respect to the iMedic8 Application may be directed to Medic8 Manager LLC, 2800 North Lake Shore Drive, #3617, Chicago, Illinois 60657 or via the contact information provided on the Medic8 Website.
II. FDB Agreement
CONDITIONS OF USE: The information in this database is intended to supplement, not substitute for, the expertise and judgment of healthcare professionals. The information is not intended to cover all possible uses, directions, precautions, drug interactions or adverse effects, nor should it be construed to indicate that use of a particular drug is safe, appropriate or effective for you or anyone else. A healthcare professional should be consulted before taking any drug, changing any diet or commencing or discontinuing any course of treatment.
a. This Application is designed to offer you general health information for educational purposes only. The health information furnished in this Application and the interactive responses are not intended to be professional advice and are not intended to replace personal consultation with a qualified physician, pharmacist or other healthcare professional. You must always seek the advice of a professional for questions related to your disease, disease symptoms, and appropriate therapeutic treatments. If you have or suspect that you have a medical problem or condition, please contact a qualified healthcare provider immediately. You should never disregard medical advice or delay in seeking it because of something you have read in this Application.
b. We do not make any warranty that the content in this Application satisfies government regulations requiring disclosure of information on prescription drug products. The content was developed for use in the United States, and neither we nor our content providers make any representation concerning the content when used in any other country. While information in this Application has been obtained from sources believed to be reliable, neither we nor our content providers warrant the accuracy of codes, prices or other data contained in this Application.
c. We do not give medical advice, nor do we provide medical or diagnostic services. Medical information changes rapidly. Neither we nor our content providers guarantee that the content covers all possible uses, directions, precautions, drug interactions, or adverse effects that may be associated with any therapeutic treatments.
d. Your reliance upon information and content obtained by you at or through this Application is solely at your own risk. Neither we nor our content providers assume any liability or responsibility for damage or injury (including death) to you, other persons or property arising from any use of any product, information, idea or instruction contained in the content or services provided to you.
e. Medic8 Manager and its content providers have utilized reasonable care in collecting and reporting the information contained in the Products in this Application and have obtained such information from sources believed to be reliable. However, we and our content providers do not warrant the accuracy of the information in this Application, nor of codes, prices or other data available in this Application. Information reflecting prices is not a quotation or offer to sell or purchase. The clinical information contained in the information is intended as a supplement to, and not a substitute for, the knowledge, expertise, skill, and judgment of physicians, pharmacists, or other healthcare professionals in patient care. The absence of a warning for a given drug or drug combination should not be construed to indicate that the drug or drug combination is safe, appropriate or effective in any given patient.
f. MEDIC8 MANAGER AND ITS CONTENT PROVIDERS MAKE NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, AS TO THE ACCURACY OF THE DATA FROM WHICH THE INFORMATION IS COMPILED OR THE ACCURACY OF THE INFORMATION ITSELF, NOR THE COMPATIBILITY OF THE INFORMATION WITH ANY HARDWARE AND SYSTEMS, AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
g. YOU USE THIS APPLICATION AND THE MATERIAL AND INFORMATION IN THE APPLICATION AT YOUR OWN RISK. MEDIC8 MANAGER AND ITS INFORMATION PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF USE OF THE APPLICATION, AND INCLUDING ANY CONSEQUENTIAL, SPECIAL, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
h. IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT (OR ANY OTHER AGREEMENT BETWEEN YOU AND US), WE (OR OUR CONTENT PROVIDERS OR SPONSOR/ADVERTISERS) SHOULD HAVE ANY LIABILITY FOR ANY LOSS, HARM OR DAMAGE, YOU AND WE (ON BEHALF OF OURSELVES AND OUR CONTENT PROVIDERS AND SPONSOR/ADVERTISERS) AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED $50.00. YOU AND WE (ON BEHALF OF OURSELVES AND OUR CONTENT PROVIDERS AND SPONSOR/ADVERTISERS) AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND US (AND OUR CONTENT PROVIDERS AND SPONSOR/ADVERTISERS) AND REFLECTS THE FEES, IF ANY, WE CHARGE YOU TO USE THIS APPLICATION, THE SERVICES AND THE CONTENT. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THE APPLICATION, THE SERVICES OR THE CONTENT TO YOU.
i. No material from this Application may be copied, reproduced, republished, uploaded, posted, transmitted, commercialized or distributed in any way, except as expressly permitted herein and provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Medic8 Manager’s or our content provider’s copyright and other proprietary rights. The use of any such material on any other website or networked computer environment is prohibited. All rights, title and interest in and to the materials in this Application (including but not limited to all copyrights, trademarks, service marks, trade names and all derivative works) are owned or controlled by and shall remain at all time vested in Medic8 Manager and its content providers.
III. Additional Terms and Conditions of Use
a. Protecting Information. The Medic8 Website and the iMedic8 Application have reasonable security measures in place to protect against the loss, misuse and interception by third parties of the information under our control. However, complete confidentiality and security is not yet possible over the Internet or when using a mobile device over a telecommunications network. Medic8 Manager assumes no liability for any damages you may suffer as a result of interception, alteration or misuse of any information transmitted over the Internet or when using a mobile device over a telecommunications network. The iMedic8 Application will store information that You input regarding yourself and your prescription medications ("Your Personal Information") on your iPhone or iPod device and the Medic8 Manager servers. You are solely responsible for keeping Your Personal Information confidential. To ensure that Your Personal Information is protected, we strongly recommend that you set a passcode to be entered whenever your iPhone or iPod device is powered on or when the wake button is pressed.
b. Violation of Terms and Conditions of Use. Medic8 Manager reserves the right to seek all remedies available at law and in equity for violations of any of the terms or conditions of this Agreement, including the right to block or restrict access from a particular Internet address to the Medic8 Website and the right to block or restrict Your use of the iMedic8 Application.
c. Indemnification. You agree to indemnify, defend, and hold Medic8 Manager, and its respective shareholders, members, partners, directors, managers, officers, employees, agents, information providers, suppliers, and attorneys, harmless from any and all liabilities, losses, claims, and expenses, including, but not limited to, all legal fees and costs arising from or relating to (a) Your failure to comply with any of the terms or conditions of this Agreement; and (b) Your use of the Medic8 Website or the iMedic8 Application. Medic8 Manager has no duty to reimburse, defend, indemnify, or hold you harmless resulting from, relating to, or arising out of, Your use of the Medic8 Website or the iMedic8 Application.
d. Limitation of Remedies. Notwithstanding anything to the contrary in this agreement, your sole right and remedy with respect to any dispute with medic8 manager relating to the iMEDIC8 Application is to stop using the iMEDIC8 application. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential, incidental or special damages, You agree that your remedies in such states and jurisdictions shall be limited to the greatest extent permitted by law.
e. Waiver. The failure of either party to require performance by the other party of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
f. Force Majeure. Any failure of Medic8 Manager to perform or delay in the performance of Medic8 Manager’s obligations under this Agreement due to any cause or event not reasonably within Medic8 Manager’s control, including but not limited to casualty, labor disputes, failure of equipment or carriers or utilities, compliance with governmental authority or Act of God, shall not constitute a breach of this Agreement, and Medic8 Manager’s performance shall be excused during such period of delay.
g. Governing Law. This Agreement and the legal relations between the parties arising hereunder shall be governed by and interpreted in accordance with the laws of the State of Illinois exclusively, as such laws apply to contracts between Illinois residents performed entirely within Illinois. The Application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
h. Arbitration - Choice of Forum and Venue. Any dispute, controversy or claim arising out of or relating to this Agreement shall be settled by arbitration in Cook County, Illinois, USA, by a single arbitrator in accordance with the American Arbitration Association ("AAA") rules. The arbitrator shall be empowered to award only those damages which are permitted in this Agreement, subject to any disclaimers of damages and liability limits set forth herein. The award rendered by the arbitrator shall include costs of the arbitration and reasonable costs for experts and other witnesses. Judgment on the award may be entered in any court having jurisdiction. Nothing in this Agreement shall be deemed as preventing either party from seeking provisional relief from any court of competent jurisdiction, in order to protect that party's name or proprietary rights. The award of the arbitrator shall be final and binding upon the parties without appeal or review except as permitted by Illinois law.
i. Assignment. Neither this Agreement nor any of Your rights or obligations hereunder may be assigned or delegated by You in whole or in part without the prior written approval of Medic8 Manager. Any assignment or delegation in derogation of the foregoing shall be null and void.
j. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect. This Agreement shall not be construed against any party by reason of its preparation, but shall be resolved by applying the most reasonable interpretation under the circumstances, giving full consideration to the intentions of the parties at the time of contracting.
k. Complete Agreement. This Agreement is the complete and exclusive statement of the agreement between You and Medic8 Manager and supersedes any proposal or prior agreement, oral or written, and any other communications between the parties in relation to the subject matter of this Agreement.
Updated: September 18, 2010.
Includes Personal Caregiver features plus:
Includes Personal & Premium Caregiver features plus: