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Phone: (925) 460-1337
[SERVICE
AND PRODUCTS AGREEMENT -- PersonalMD.com
Pager Medical Reminder Service IMPORTANT:
Read this agreement before using the PersonalMD.com pager medical reminder
service (the "Reminder Service"). Your use of the Reminder Service indicates
your acceptance of all of the following terms and conditions, as well as the Terms
and Conditions of Use set forth below. If this Service and Product Agreement is
unacceptable to you, do not use the Reminder Service. PersonalMD.com is willing
to provide the Reminder Service to you only if you agree to be bound by each of
the following terms.
Service
Period: You shall be entitled to use the Reminder Service for a period of
one year from the date on which you register, subject to compliance with this
Service and Products Agreement and the Terms and Conditions of Use. The service
period shall be automatically renewed for a one-year period on the anniversary
of the date on which you register and on each subsequent anniversary of such date
unless your account is terminated by PersonalMD.com or by you, as provided in
the section of the Terms and Conditions of Use titled "Termination." Termination
of the Reminder Service: If PersonalMD.com terminates your account, PersonalMD.com
will refund to you a pro rata portion of the Service Fee, to the extent that such
fee has been charged to your credit card; provided, however, that if PersonalMD.com
terminates your account because PersonalMD.com learns that you have provided false
or misleading registration information or have violated the terms of this Service
and Products Agreement or the Terms and Conditions of Use, you will not be entitled
to receive a refund of any portion of the quarterly Service Fee. If you terminate
your account for any reason, PersonalMD.com will not refund any Service Fees that
have already been charged to your credit card. User's
Responsibilities: In order to use the Reminder Service, you must enter into
a service contract with a provider of paging services. PersonalMD.com makes no
representation as to the cost, reliability, quality, availability and freedom
from interruption of the services provided by a provider of paging services and
bears no responsibility for, and makes no recommendation or representation as
to, the provider you select. You are solely responsible for obtaining and maintaining
paging services, including the charges of the provider of such services. In no
event will PersonalMD.com be responsible for any cost incurred in obtaining or
maintaining a paging system or any other equipment necessary to use the Reminder
Service. Privacy
and Submissions: As part of the registration process for the Reminder Service,
you will provide certain personal medical information to PersonalMD.com. PersonalMD.com
will preserve the privacy of such information in accordance with the terms of
the PersonalMD.com Privacy Statement. You should note, however, that in providing
the Reminder Service to you, certain of your private medical information will
be transmitted to and by a provider of paging services and these transmissions
may be intercepted by third parties who may disclose such information. IN NO EVENT
SHALL PersonalMD.com OR YOUR PROVIDER OF PAGING SERVICES (THE "PAGING COMPANY")
BE RESPONSIBLE FOR ANY DISCLOSURE OF YOUR MEDICAL INFORMATION BY THIRD PARTIES
IN SUCH CIRCUMSTANCES. Do
Not Rely Exclusively Upon the Reminder Service in Following Your Prescription
Drug Regimen: The Reminder Service is intended merely to assist you in following
the prescription drug regimen or other course of treatment recommended by your
physician or caregiver. THE REMINDER SERVICE SHOULD NOT BE RELIED UPON TO ENSURE
YOUR COMPLIANCE WITH A PRESCRIPTION DRUG REGIMEN OR COURSE OF TREATMENT. YOU ARE
SOLELY RESPONSIBLE FOR FOLLOWING THE RECOMMENDATIONS OF YOUR PHYSICIAN OR CAREGIVER
AND TAKING PRESCRIPTION DRUGS AND OTHER MEDICATIONS IN A SAFE AND APPROPRIATE
MANNER. Disclaimer
Regarding Delivery of Service: PersonalMD.com does not guarantee the accuracy
or timeliness of any reminders provided through the Reminder Service. The Reminder
Service relies upon wireless line-of-sight paging transmissions that intermittently
can be blocked by buildings or other obstructions, or can be interrupted due to
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upon your incorrect entry of the e-mail address of your pager. Disclaimer
Regarding Information Provided Through the Service: Information about your
prescription drug regimen, including the names of drugs, dosage amounts, frequency
of use and self-tests (collectively, the "Information"), was provided
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"Information Providers"), and PersonalMD.com assumes that these sources
are reliable and that all information provided by Information Providers is complete
and accurate. The accuracy, efficacy, completeness, timeliness or correct sequencing
of this Information is not guaranteed by PersonalMD.com, or any parties transmitting
(including the Paging Company) or processing the Information ("Information
Processors"). PersonalMD.com, the Paging Company and Information Processors
are referred to collectively in this Agreement as the "Disseminating Parties." General
Disclaimer: No Disseminating Party shall be liable in any way to you or to
any other person for (i) any inaccuracy, error or omission in the Information,
(ii) any interruption, delay or error in the transmission or delivery of the Information. Paging
Device: You agree to notify PersonalMD.com if you become aware of any of the
following: (i) any loss, theft or damage to the paging device assigned to you
or (ii) any unauthorized use of the paging device assigned to you, the Reminder
Service or any Information. Indemnification
of Disseminating Parties: You agree to indemnify and hold harmless the Disseminating
Parties from and against any and all claims, losses, liabilities, costs and expenses
(including, but not limited to, attorneys' fees) arising from your violation of
this Agreement, the Terms and Conditions of Use or any third party's rights. Incorporation
of Terms and Conditions of Use: Your use of the Reminder Service is subject
to this Service and Products Agreement and the PersonalMD.com Terms and Conditions
of Use, which are set forth below. In particular, please note that the following
sections of the Terms and Conditions of Use are applicable to your use of the
Reminder Service: "General Disclaimer: PersonalMD.com Does Not Provide Medical
Advice," "Disclaimer of Warranties and Consequential Damages,"
"Limitation of Liability" and "Indemnification."]
[SERVICE AND PRODUCTS
AGREEMENT -- PersonalMD.com
ER-Call IMPORTANT:
Read this agreement before using the PersonalMD.com ER-Call (the "Notification
Service"). Your use of the ER-Call indicates your acceptance of all of the
following terms and conditions, as well as the Terms and Conditions of Use set
forth below. If this Service and Product Agreement is unacceptable to you, do
not use the ER-Call. PersonalMD.com is willing to provide the ER-Call to you only
if you agree to be bound by each of the following terms. Service
Period: You shall be entitled to use the ER-Call for a period of one year
from the date on which you register, subject to compliance with this Service and
Products Agreement and the Terms and Conditions of Use. The service period shall
be automatically renewed for a one-year period on the anniversary of the date
on which you register and on each subsequent anniversary of such date unless your
account is terminated by PersonalMD.com or by you, as provided in the section
of the Terms and Conditions of Use titled "Termination." Privacy
and Submissions: As part of the registration process for the ER-Call, you
will provide certain personal medical information to PersonalMD.com. PersonalMD.com
will preserve the privacy of such information in accordance with the terms of
the PersonalMD.com Privacy Statement. Do
Not Rely Exclusively Upon the ER-Call to Notify Your Contact Persons of a Medical
Emergency: The ER-Call is intended merely to assist you in contacting those
persons specified by you (the "Contact Persons") in the event of a medical
emergency. THE ER-CALL SHOULD NOT BE RELIED UPON AS THE SOLE MEANS OF CONTACTING
YOUR CONTACT PERSONS IN THE EVENT OF A MEDICAL EMERGENCY. YOU ARE SOLELY RESPONSIBLE
FOR CONTACTING YOUR CONTACT PERSONS IN THE EVENT OF A MEDICAL EMERGENCY. Disclaimer
Regarding Delivery of Service: PersonalMD.com does not guarantee the accuracy
or timeliness of any notices provided through the ER-Call. PersonalMD.com is not
responsible for errors in the operation of messaging services of PersonalMD.com
or the Contact Persons that may cause failure of the ER-Call or delays in the
delivery of notices. Disclaimer
Regarding Information Provided Through the Service: Information about your
Contact Persons (collectively, the "Information"), was provided to PersonalMD.com
by you, and PersonalMD.com assumes that these sources are reliable and that all
information provided by you is complete and accurate. The accuracy and completeness
of this Information is not guaranteed by PersonalMD.com, or any parties transmitting
or processing the Information ("Information Processors"). PersonalMD.com
and the Information Processors are referred to collectively in this Agreement
as the "Disseminating Parties." General
Disclaimer: No Disseminating Party shall be liable in any way to you or to
any other person for (i) any inaccuracy, error or omission in the Information,
(ii) any interruption, delay or error in the transmission or delivery of the Information. Indemnification
of Disseminating Parties: You agree to indemnify and hold harmless the Disseminating
Parties from and against any and all claims, losses, liabilities, costs and expenses
(including, but not limited to, attorneys' fees) arising from your violation of
this Agreement, the Terms and Conditions of Use or any third party's rights. Incorporation
of Terms and Conditions of Use: Your use of the ER-Call is subject to this
Service and Products Agreement and the PersonalMD.com Terms and Conditions of
Use, which are set forth below. In particular, please note that the following
sections of the Terms and Conditions of Use are applicable to your use of the
ER-Call: "General Disclaimer; PersonalMD.com Does Not Provide Medical Advice,"
"Disclaimer of Warranties and Consequential Damages," "Limitation
of Liability" and "Indemnification."]
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