Terms of Use

 

PLEASE READ CAREFULLY THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS SITE.

By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site.

PatientPilot and mPatient Solutions LLC (“PatientPilot”) may revise and update these Terms and Conditions at any time. By continuing to use the PatientPilot website (“PatientPilot site” or “the Site”), you signify your acceptance of those changes.

PATIENTPILOT DOES NOT PROVIDE MEDICAL ADVICE

The PatientPilot site does not provide medical advice, diagnostic services, treatment or referrals.    PatientPilot content (“Content”) is intended to help patients to communicate effectively with healthcare providers in order to obtain the best care possible. PatientPilot and mPatient Solutions LLC disclaim any liability for the decisions you make based on the  information provided on the Site.

PatientPilot’s content, including text, graphics, charts, images, videos, audios, and any other Content is for informational purposes only. Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.

If you think you may have a medical emergency, call your doctor or 911 immediately. PatientPilot does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be referenced on PatientPilot’s site. Reliance on any information provided by PatientPilot or other users of the Site or application is solely at your own risk.

Use of Content

PatientPilot authorizes you to view or download a single copy of the material on the Site solely for your personal, noncommercial use if you include the following copyright notice: “©2012, mPatient Solutions LLC. All rights reserved” and other copyright and proprietary rights notices that are contained in the Content.

The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with PatientPilot or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice at the editorial discretion of PatientPilot. All rights not expressly granted herein are reserved to PatientPilot and its licensors.

If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

Liability of PatientPilot and Its Licensors

The use of PatientPilot’s site and Content is at your own risk.

When using the Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of PatientPilot and its suppliers. Accordingly, PatientPilot assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the the Site.

The Site and the Content are provided on an “as is” basis. PATIENTPILOT, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

In no event shall PatientPilot, its licensors, its suppliers, or any third parties mentioned on the PatientPilot site or in the Application be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the PatientPilot site, whether based on warranty, contract, tort, or any other legal theory, and whether or not PatientPilot, its licensors, its suppliers, or any third parties mentioned on the PatientPilot site are advised of the possibility of such damages. PatientPilot, its licensors, its suppliers, or any third parties mentioned on the PatientPilot site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. PatientPilot, its licensors, its suppliers, or any third parties mentioned on the PatientPilot site are not liable for any personal injury, including death, caused by your use or misuse of the Site or Content. Any claims arising in connection with your use of the Site or Content must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

User Submissions

You agree that you will not send or transmit to the PatientPilot by email or contact form, (including through any email addresses listed on the “Contact Us” page) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to the PatientPilot site by email or contact form, you agree such submission is non-confidential for all purposes.

If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Site by email or contact form.

You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or the Site.

Privacy

PatientPilot does not share with any third party any personally identifiable information generated by use of the Site. You grant PatientPilot and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. PatientPilot cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using the PatientPilot site.

Links to Other Websites

PatientPilot provides links to third-party websites. PatientPilot does not endorse the content on any third-party sites. PatientPilot is not responsible for the content of linked third-party sites and does not make any representations regarding their content or accuracy. Your use of third-party sites is at your own risk and subject to the terms and conditions of use for such sites. PatientPilot does not endorse any product, service, or treatment advertised on such sites.

Indemnity

You agree to defend, indemnify, and hold PatientPilot, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

General

mPatient Solutions LLC is a Delaware limited liability company with offices in Austin, TX in the United States of America. PatientPilot makes no claims that PatientPilot or the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with PatientPilot, or in any way relating to your use of the PatientPilot site, resides in the courts of the State of Delaware and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Delaware in connection with any such dispute including any claim involving PatientPilot or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms and Conditions are governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Notice and Takedown Procedures

If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by contacting PatientPilot and providing the following information:

  1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
  2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide a URL or any other pertinent information that will allow PatientPilot to locate the material.
  3. Your name, address, telephone number and (if available) e-mail address.
  4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
  5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
  6. A signature or the electronic equivalent from the copyright holder or authorized representative.

Complete Agreement

Except as expressly provided in a particular “legal notice” on the PatientPilot site, these Terms and Conditions constitute the entire agreement between you and PatientPilot with respect to the use of the PatientPilot site and Content.

PatientPilot does not provide medical advice, diagnostic services, treatment or referrals.
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