Terms of Use - Pilltyme

PillTyme Terms of Use

By using the web site at www.pilltyme.com or related web sites (the “Site”) or by downloading the PillTyme prescription medicine management applications (the “Apps”), you signify your agreement to these Terms of Use. The Site and the Apps are owned and operated by PillTyme, LLC (“PillTyme,” “we,” “our” or “us”). We reserve the right to revise these Terms of Use, and your continued use of the Site or the Apps following the posting of any changes constitutes acceptance of the changes.

BY USING PILLTYME’S SERVICES, YOU AGREE TO BE BOUND BY AND ACCEPT THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE OUR SITE OR APPS.

Management of Medication

The Site and the Apps are designed to assist you in managing your medications based on information that you enter or that is provided to us by third parties. You are solely responsible for the accuracy and completeness of the information that you enter. The Site and the Apps do not provide diagnoses or recommendations for treatment. You and your medical provider are responsible for all decisions regarding the selection and administration of medications. Your health care provider should review your medications for dosage, administration, contraindications and other concerns.

No Medical Advice

We provide health information on the Site and the Apps for informational purposes only. Nothing in the Site or the Apps is to be interpreted as advocating the self-management of your health or medical condition as a substitute for professional medical advice. You should consult your medical provider directly regarding your health and any specific medical questions you may have. Do not delay seeking medical advice or disregard any medical advice you have received from your provider due to any content on the Site or the Apps. If you think you may have a medical emergency, call your doctor or 911 immediately. Reliance on any information provided by the Site or the Apps is solely at your own risk.

Passwords/Security

Certain features of the Site or the Apps may require you to be a registered user. When you register, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update your registration information to keep it true, accurate, current and complete. As a registered user, you choose a unique password. You may not use the password of any other person to access the Site or the Apps. You are responsible for maintaining the confidentiality of your password and may not let any other person use it. You are solely responsible for the activities of anyone using your password, even if the activities were not authorized by you. You must notify us immediately of any unauthorized use of your password. In addition, if you believe or suspect your password has been compromised, you must promptly change your password using the functionality provided in the Site or the Apps.

Subscription for Premium and Other Services

We may at our discretion offer various subscription services, including, without limitation, a premium subscription that is not free, and you may choose to subscribe for the same. Any unused portion of a free trial period, if offered, will be forfeited when you purchase a subscription to that publication, where applicable.

Minimum Age

You must be at least [18] years old to register and/or use the Site or the Apps.

General License

Subject to your compliance with these terms, we grant you a non-exclusive license to use the software associated with the Site and the Apps. The software associated with the Site and the Apps is licensed, not sold, only in accordance with these Terms of Use.

Restrictions on Use

You may view or download copies of the material on the Site or the Apps for your own personal, noncommercial use. You may not, and may not knowingly allow any third party to, (a) reverse engineer, disassemble, decompile, reproduce, transcribe, translate into any language or computer language, retransmit in any form by any means, resell, or redistribute the content without our prior written consent, (b) reverse engineer or attempt to discover any underlying ideas, source code, processes, techniques, technology, design, formula, engineering, or algorithms, or (c) use the Site or the Apps for commercial purposes. You also agree that you shall not harvest or collect information about other users or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications for any other commercial purpose of your own or a third party. We reserve the right to terminate your access to the Site or the Apps for a violation of these Terms of Use.

Ownership

PillTyme or its third party licensors, if any, own all rights to the Site including without limitation, text, graphics, images and other material, the Apps, and any modifications, enhancements or alterations to the Site and the Apps, including all copyrights, trademarks, patents and trade secrets. You may not act in a manner that adversely affects or impairs these ownership rights. The Site and the Apps are protected by copyright laws, including without limitation United States copyright law, international treaty provisions and applicable laws in the country in which it is being used. All intellectual property rights not expressly granted in this Agreement are reserved by us. You may not alter any trademark or copyright notices on the Site or the Apps.

By posting information or content to any public area of the Site or the Apps, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, publicly perform, publicly display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.

Trademarks

The trade names, trademarks, service marks, logos, and slogans contained in the Site or the Apps are our trade names, trademarks, service marks, logos and slogans (each a “Mark”). You are not authorized to use any Mark in any advertisement, publicity or in any other commercial manner without our prior written consent. The trade names, trademarks, service marks, logos and slogans contained in the Site and the Apps that are not our Marks are the trade names, trademarks, service marks, logos and slogans of their respective owners. References that we make to any specific trade name, trademark, service mark, product, service or process of a third party do not necessarily constitute or imply our endorsement, sponsorship or recommendation of the third party trade name, trademark, service mark, product, service or process, unless otherwise explicitly provided.

Links to Other Sites

The Site and the Apps may contain links to web sites operated by third parties. These links are provided solely for convenience and reference purposes only. The inclusion of any such link does not imply that we endorse the content of any web site to which we provide a link, nor are we liable for your reliance on or use of any information or materials contained in them.

Warranty Disclaimer

We disclaim any warranty that (a) the Site or the Apps will meet your requirements or be error-free, (b) the results that may be obtained from the use of the Site and the Apps will be effective, reliable, complete, appropriate or accurate, (c) the quality of the Site and the Apps will meet your expectations, or that (d) any errors or defects in the Site or the Apps will be corrected. The use of the Site and the Apps is at your own risk. The Site and the Apps are provided “AS IS,” WITHOUT WARRANTY OF ANY KIND, AND WE DISCLAIM ANY EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitation of Liability

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR (a) any loss of use, data, goodwill, or profits, whether or not foreseeable; and (b) any special, incidental, indirect, consequential, or punitive damages whatsoever (even if we have been advised of the possibility of these damages), including those (i) resulting from loss of use, data, or profits, whether or not foreseeable, (ii) based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or (iii) arising from any other claim arising out of or in connection with your use of or access to the Site or the Apps. Nothing in these terms limits or excludes our liability for gross negligence, for our (or our employees’) intentional misconduct, or for death or personal injury.

Our total liability in any matter arising out of or related to these Terms of Use is limited to US $100. This limitation will apply even if we have been advised of the possibility of the liability exceeding the amount and notwithstanding any failure of essential purpose of any limited remedy.

The limitations and exclusions in this Section 12 apply to the maximum extent permitted by law.

User-Submitted Content

You shall ensure that any content that you submit to the Site or the Apps, including text, communications, video, software, images, sounds, data, or other information, is not confidential and that you have all necessary permission to submit or otherwise make available such content. Upon submission of content, you grant us the rights to post the content and grant access to the submitted content in accordance with the functionality on the Site and the Apps. You also allow us to use the content for all business purposes subject to our Privacy Policy. By using features that allow you to post or otherwise transmit information, or which may be seen by other users, you agree that you shall not upload, post, or otherwise distribute or facilitate distribution of any content, including text, communications, video, software, images, sounds, data, or other information, that:

Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, sexually explicit or graphic, or otherwise in violation of the Site’s or the Apps’ rules or policies;
Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
Infringes any patent, trade mark, service mark, trade secret, copyright, moral right, right of publicity, privacy or other proprietary right of any party;
Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
Impersonates any person or entity, including any employee or representative of PillTyme, its licensors or advertisers. We do not pre-screen, monitor, or edit the content posted by other users, however, we have the right, in our sole discretion, to remove any content that does not comply with these Terms of Use or is otherwise harmful, objectionable, or inaccurate. We shall not be liable for any failure, delay, damages or results, in removing such content

Phone Policy

You may choose to receive information from us via calls or text messages to your phone. If you change your phone number you must notify us so we can update your phone number. If you fail to notify us, calls or text messages from us may be sent to the person who receives your old phone number.

By providing your phone number to us, you expressly consent to us calling or texting you at that number—in person or through an automated system. Any charges from your phone service provider, including charges for data usage, are your sole responsibility.

Online Third Party Content

Opinions, advice, statements, offers, or other information or content made available by third parties through the Site and the Apps are those of their respective authors, and you rely on such content at your own risk. The authors are solely responsible for such content. We do not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or the Apps; nor (ii) adopt, endorse nor accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party other than ourselves or our subcontractors or agents.

Copyright Infringement

If you believe any materials accessible on or from the Site or the Apps infringe your copyright, you may request removal of those materials from the Site and the Apps by contacting our designated copyright agent and providing the following information:

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.
Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
Your name, address, telephone number and e-mail address.
A statement that you have a good faith belief that the complained use of the materials is not authorized by the copyright owner, its agent, or the law.
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.
A signature or the electronic equivalent from the copyright holder or authorized representative.

Our designated agent for copyright issues is: Brian A. Lebrecht, Clyde Snow & Sessions, PC, 201 South Main Street, Suite 1300, Salt Lake City, UT 84111.

Modification

We may modify these terms or any additional terms that apply to the Site or the Apps to, for example, reflect changes to the law or changes to our Site or the Apps. You should look at the terms regularly. We will post notice of modifications or additions to these terms on this page. By continuing to use or access the Site of the Apps after the revisions come into effect, you agree to be bound by the revised terms.

Governing Law and Forum for Disputes

These Terms of Use are governed by the laws of the State of California, without respect to its conflict of laws principles. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any claim or controversy arising out of or relating to the Site or the Apps, or to any acts or omissions for which you may contend we are liable, including but not limited to any claim or controversy, must be brought in the state or federal courts located in Orange County, California.

Non-Assignment

You may not assign or otherwise transfer these Terms of Use or your rights and obligations under these Terms of Use, in whole or in part, without our written consent and any such attempt will be void. We may transfer our rights under these terms to a third party.

Indemnification

You agree to indemnify, defend and hold harmless us and our officers, directors, agents and employees from and against all fines, suits, proceedings, claims, causes of action, demands, or liabilities of any kind or of any nature including attorneys’ fees, arising out of or in connection with your use of the Site or the Apps, including any breach by you of these Terms of Use.

No Waiver

Our failure to enforce or exercise any of these terms is not a waiver of such terms.

Privacy Policy

Our Privacy Policy describes the personal information we collect when you use the Site or the Apps. It also describes how we use the personal information you share with us and some of the steps we take to protect your privacy. Our Privacy Policy is hereby incorporated as part of these Terms of Use. A copy of our Privacy Policy may be found on the Site.

Severability

The invalidity or unenforceability of any provision of these terms and conditions shall not affect the validity or enforceability of any other provision hereof. Any such invalid or unenforceable provision shall be deemed to be severable, and all other terms shall remain in full force and effect.

Headings

The section headings used herein are for convenience of reference only and do not form a part of these Terms of Use and no construction or inference shall be derived therefrom.

Force Majeure

PillTyme shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control. We shall not be responsible to notify you in the event of any service interruptions or failures. You shall be solely responsible to make other arrangements for the services we provide, and any costs incurred in connection with such arrangements shall be your sole responsibility.

General Information

PillTyme may elect to monitor areas of the Site or Apps by electronic or other means and may disclose any content, records, submissions or electronic communication of any kind (i) to satisfy any law, regulation or government request; (ii) if such disclosure is necessary or appropriate to operate the Site or Apps; or (iii) to protect our rights or property or the rights of the users, sponsors, providers, licensors or merchants. We are not responsible for screening, policing, editing or monitoring such content. 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 to request the removal of such content from the Site or Apps.

Questions or Additional Information

Our contact information is provided below if you wish to contact us:

Email:
Mailing Address:
Customer Interaction Center:

Entire Agreement

You agree that these Terms of Use and any document incorporated by reference or referred to herein constitute the entire agreement between you and PillTyme pertaining to the subject matter of these Terms of Use, and supersede, terminate and otherwise render null and void any and all prior agreements, understandings, negotiations, contracts, proposals or requests for proposals, whether written or oral, between you and PillTyme. In the event of a conflict between these Terms of Use and any of the documents incorporated by reference or referred to herein, these Terms of Use shall govern.

Knowledge and Consent

You have read and understand the terms of and conditions of PillTyme’s Terms of Use by using the Site or the Apps. You represent that you consent to the Terms of Use, and do so with full knowledge and without undue influence or duress. You acknowledge that the Terms of Use, including our Privacy Policy, are readily accessible on the Site and shall be provided to you in hard copy format upon request at any time. You acknowledge having had every opportunity to obtain independent legal advice with respect to the Terms of Use.

Last updated on January 2, 2019.