Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SERVICE.
This statement includes important legal language and definitions, so please read it carefully. Intelecare is a service of Remedy Health Media, LLC (hereinafter “Remedy” or the “Company”). By using any of the Intelecare applications, websites or programs (collectively, the "Service"), you signify your consent to these Terms and Conditions of Use. If you do not agree to all of these Terms and Conditions of Use, do not use the Service. Remedy may make changes to the Service, these Terms and Conditions of Use, or the policies and rules that govern the use of the Service at any time. We encourage you to review the Service and these Terms and policies regularly for any updates or changes. Your continued access or use of the Service shall be deemed your acceptance of any changes and the reasonableness of these standards for notice of changes.
THE SERVICE DOES NOT CONSTITUTE MEDICAL ADVICE AND IS INTENDED FOR CONVENIENCE AND INFORMATIONAL PURPOSES ONLY. ALL QUESTIONS RELATING TO YOUR SPECIFIC HEALTH CONCERNS SHOULD BE DIRECTED TO YOUR DOCTOR. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
Remedy does not recommend or endorse any specific medications, procedures, opinions, or other information that may be mentioned on the Service or in its newsletters or other forms of communication. You should discuss any information referenced or mentioned on the Site with a physician, pharmacist, nurse, or other licensed medical professional. You should also check product information (including package inserts) regarding dosage, precautions, warnings, interactions, and contraindications before administering or using any device, drug, herb, vitamin, or supplement referenced or mentioned on the Site. Reliance on any information or service provided by Remedy or other third parties through the Service is solely at your own risk.
Remedy’s Intelecare Personal Medical Reminder Service and prescription ordering systems operate electronically through online computer systems. These computer systems may, from time to time despite the Company’s best efforts, go offline or otherwise fail to operate effectively, and may not be able to send reminder messages or forward prescription orders at the designated time(s) or at all. You acknowledge and agree through your registration with Remedy and use of these services, that you understand and are aware this may happen, and you agree further not to hold the Company liable for any reason, including without limitation missing a medication dose, failure to receive a reminder created on the system, or failure to receive an order for or receipt of the wrong order of prescription or other medication(s) placed with any third parties. Remedy specifically disclaims any guarantee or warranty, express or implied, with respect to these services, including any warranty of merchantability or fitness for a particular purpose. Use of the Service is intended for informational purposes only.
YOUR ACCOUNT OBLIGATIONS
In consideration of your use of the Service, you agree to:
- Provide true, accurate, current and complete information about yourself as prompted by the Registration and/or Create Reminder forms or in the your Profile section for your account (the "Account Information"); and
- Maintain and promptly update the Account Information to keep it true, accurate, current and complete.
During the registration process you will create a user name and password. You are responsible for maintaining the confidentiality of your user name and password and are fully responsible for all activities that occur under your user name and password. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.
YOU ACKNOWLEDGE THAT REMEDY CANNOT PROTECT ANY INFORMATION ONCE IT HAS BEEN TRANSMITTED TO YOU. IF YOU SHARE A PHONE NUMBER OR EMAIL ADDRESS WITH ANYONE ELSE (FOR EXAMPLE, A FAMILY MEMBER), INFORMATION TRANSMITTED TO THAT PHONE OR EMAIL ADDRESS MAY BE ACCESSED BY THAT OTHER PERSON. YOU SHOULD CONSIDER ANY SHARED USE WHEN CREATING YOUR REMINDER ON REMEDY’S INTELECARE SYSTEM.
Any conduct by you that Remedy believes, in its sole discretion, restricts or inhibits any other user from using or enjoying the Service will not be permitted. You agree to use the Service only for lawful purposes. You are prohibited from posting on or transmitting through the Service any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
You agree not to access the Service by any means other than through the interface that is provided by us for use in accessing the Service.
You acknowledge that the Service contains information, data, software, photographs, graphics, text, images, typefaces, and other material (collectively, the "Content") that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. and International copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal, information and non-commercial use and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software, if any.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. NEITHER REMEDY, NOR ANY OF ITS AFFILIATES, NOR ANY OF ITS OFFICERS, DIRECTORS, OR EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS, LICENSORS, OR THE LIKE (COLLECTIVELY, THE "ASSOCIATES"), WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED OR ERROR-FREE; NOR DOES REMEDY OR ITS ASSOCIATES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SERVICE.
THE SERVICE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS AND WE AND OUR ASSOCIATES SPECIFICALLY DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY US OR OUR ASSOCIATES SHALL CREATE A WARRANTY.
All information contained on the Service or in the Company's external communications, including information relating to medical and health conditions, products and treatments, is for informational purposes only. It is often presented in summary or aggregate form. It is not meant to be a substitute for the advice provided by your own physician or other medical professionals or any information contained on or in any product packaging or labels. YOU SHOULD NOT USE THE INFORMATION CONTAINED ON THE SERVICE FOR DIAGNOSING A HEALTH PROBLEM OR PRESCRIBING A MEDICATION. YOU SHOULD CAREFULLY READ ALL INFORMATION PROVIDED BY THE MANUFACTURERS OF THE PRODUCTS ON OR IN THE PRODUCT PACKAGING AND LABELS BEFORE USING ANY PRODUCT PURCHASED VIA OR REFERENCED ON THE SERVICE OR THE SUBJECT OF A PERSONAL MEDICAL REMINDER. YOU SHOULD ALWAYS CONSULT YOUR OWN PHYSICIAN AND MEDICAL ADVISORS. INFORMATION OBTAINED BY USING THE SERVICE IS NOT EXHAUSTIVE AND DOES NOT COVER ALL DISEASES, AILMENTS, PHYSICAL CONDITIONS OR THEIR TREATMENT. INFORMATION AND STATEMENTS REGARDING DIETARY SUPPLEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.
Further, we explicitly disclaim any liability relating in any way to the accuracy, content, or availability of information found on websites or other applications that link to or from the Service from third parties not associated with us. We encourage discretion when browsing the Internet using our or anyone else's service. Because some websites employ automated search results or otherwise link you to websites containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party websites, and you hereby irrevocably waive any claim against us with respect to such websites.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL REMEDY OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF REMEDY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THE SERVICE, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
WITH RESPECT TO PRODUCTS, GOODS, OR SERVICES PURCHASED FROM ANY THIRD PARTY VENDOR USING THESERVICE, IN NO EVENT SHALL REMEDY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, RESULTING FROM ANY LOSS OF USE, LOSS OF PROFITS, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY SUCH PRODUCTS, GOODS, OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CHILDREN'S GUIDELINES & PRIVACY
The Service has not been built or designed for children, nor is the Service directed toward children. Although children may use the Service, they should not do so without the guidance and approval of a parent or guardian. Although we do not intend to collect personal information from children, we do intend to comply with state and federal law, including, without limitation, the Children's Online Privacy Protection Act, in the event a child provides such information to us.
"Intelecare" (and the "motion" logo design) are registered trademarks of Remedy Health Media, LLC. In addition, the following are trademarks and service marks of Remedy:
- Educate. Remind. Comply.
- Personal Medical Reminders
- Technology Driven Healthcare Solutions
- Personal medical reminders for healthy living
- Enabling Patient Adherence
Other product names, and company names and logos appearing on the Service are the property of their respective owners.
We are pleased to hear from our users and welcome your comments regarding the Service. We request that you be specific in your comments. If you send us comments, suggestions, ideas, materials, notes, drawings, concepts, or other information (collectively, "Submissions"), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions. Without limiting the foregoing, you agree that we shall exclusively own and you hereby assign to us without compensation or further obligation all now known or hereafter existing rights to the Submissions of every kind and nature, including copyrights, throughout the universe and we shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions, including the right to publish on the Service or elsewhere and to use the Submission, including any suggestions, ideas, etc. contained therein.
You further agree that you will not upload or transmit any communications or content of any type to the Public Areas of the Service that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.
You represent and warrant that any submission that you make to the Service does not contain viruses or other similar harmful or deleterious programming routines.
You agree to indemnify and hold Remedy, and our subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any submission you post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the Terms and Conditions of Use, or your violation of any rights of another.
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations, including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any content derived from the Service to either a foreign national or a foreign destination in violation of such laws.
We may elect to electronically monitor areas of the Service and may disclose any content, data, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) to operate the Service, if such disclosure is necessary or appropriate to do so; or (iii) to protect our rights or property or the rights of other users, sponsors, providers, licensors, or merchants. We are not responsible for screening, policing, editing, or monitoring content on the Service or included in any Personal Medical Reminder. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such content from the Service or suspend the delivery of Personal Medical Reminders containing such information.
We may terminate your access, or suspend your access to all or part of the Service, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party provider, merchant, sponsor, licensor, service provider, or us.
LINKS TO THIRD PARTY SITES
Occasionally, we may make available a link to a third party's website. These links will cause you to leave the Service. The linked websites are not under our control and we are not responsible for the content of any linked website or any link contained in a linked website, or any changes or updates to such websites. We are not responsible for webcasting or any other form of transmission received from any linked website. We provide the links to you only as a convenience. We do not endorse the website or its use or contents.
We control the Service from our offices within the United States of America. We make no representation that the content in the Service or the services provided through the Service are appropriate or available for use in other locations. Access to the Service or its content and availability of the services provided through the Service from territories where the Service or its content or the service is illegal is prohibited. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the content in violation of U.S. export laws and regulations. Any claim relating to the Service, the services provided through the Service or the content shall be governed by the internal laws of the State of New York, without reference to its choice of law provisions.
These Terms and Conditions of Use shall continue in full force and effect for so long as you are using the Service. If you no longer agree to be bound by these Terms and Conditions of Use, you must cease your use of the Service. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Service with or without notice. You agree that any termination of your access to the Service may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Service. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Service.
The section titles in this Terms and Conditions of Use are for convenience only and have no legal or contractual effect. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Intelecare as result of these Terms and Conditions of Use or use of the Service.
We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied and is accessible on the Service in a way that constitutes copyright infringement, you may notify us by providing us with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- Identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf;
- Any other requirements of the Digital Millennium Copyright Act, 17 U.S.C. Section 101 et seq. ("DCMA"). Our agent for notice of claims of copyright infringement on the Service can be reached as follows:
Remedy Health Media, LLC
500 5th Avenue, Suite 1900
New York, New York 10110
Attention: Office of Legal Affairs
By phone: (212) 695-2223
By email: firstname.lastname@example.org
In the event that we receive such notification, we will comply with the provisions of the DCMA and take such steps that we believe, in our sole discretion, to be appropriate under the circumstances.
NOTE: IF YOU DO NOT AGREE TO COMPLY WITH THESE TERMS AND CONDITIONS OF USE, PLEASE DO NOT USE THE SERVICE OR ANY OF THE SERVICES IT OFFERS.
© 2011 Remedy Health Media, LLC. All rights reserved.
Any rights not expressly granted herein are reserved.
Last Updated: 7 June 2011