Know Your Meds

Terms of Use

Introduction

In these Terms of Use (“Terms”), the words “we”, “us”, “our” and “Know Your Meds” refer to Know Your Meds Inc. as well as any affiliate company that it owns or controls, and to our provision of the Services (as defined below). The words “you” and “your” refer to anyone who accesses or uses any portion of the Services, and to anyone claiming through such person.

These Terms expressly incorporate our Privacy Policy (https://knowyourmeds.com/privacy-policy/) and well as any Additional Terms (defined below).

Consideration

Your use of any of:

(1) the Know Your Meds website at www.knowyourmeds.com or www.knowyourmeds.org or any affiliated website or any subdomain of any of those sites(“Site”),

(2) the Know Your Meds app (“App”),

(3) the Know Your Meds Ask-an-Expert (or other Service) resources, communications, presentations, webinars, materials, or bulletins (“Resources”),

(4) any of the information, content, data, functionality, or services, available on or through the Services, including that available from other sites or parties we partner with or through other sites we link to, and regardless of the means or medium by which it is presented to you, are contingent on your agreement and continuing adherence to the Terms of Use (“Terms”) described below. In these Terms, we’ll refer the items numbered 1, 2, 3, and 4 above in this paragraph as the “Services.”

 

Future Changes and Additional Terms

We may at any time in the future modify these Terms of Use. Those modifications shall be effective immediately when they are posted on the Site or App (and the “Last Updated” date at the end of these Terms will tell you the date of such posting). You agree to review the Terms periodically to be aware of such modifications. We may also affix to any Service additional Terms of Use (“Additional Terms”) that are specific to that Service and that add to or emphasize (but do not replace) these general Terms. Each access or use by you of a Service constitutes your acceptance of (1) the Terms posted here at the time of your access or use of the Service, and (2) any Additional Terms affixed to that Service.

 

Requirement

If you don’t consent to all of these Terms, you may not access or use any of the Services. Any such use you do make is at your sole risk.

 

COPPA Disclaimer

We do not direct the Services towards children under the age of 13, nor do we knowingly collect any information from children we know to be under the age of 13. By accessing or using any Service, you represent to us that you are at least 18 years old, or, if you are between 13 and 18 years of age, that you have valid consent from a parent or guardian for such access or use.

 

Affirmative Consent to Communications.

If you download and install our App from an App Store, you consent to receive in-App messages from us, as well as email messages, related to the App Services, directed to the email account of record for that App Store. If you subscribe to or request a Service that we deliver by email or text, you consent to receive communications related to that Service at that email or text address.

We may also send you promotional communications that we deem relevant to the Service you requested (As one example of this, if you request information about a particular drug therapy and two months later the Food and Drug Administration releases some updated guidance about that drug or approves its generic version for sale, we may—but have no obligation to—email you about that guidance or approval). YOU CAN OPT OUT OF THESE PROMOTIONAL COMMUNICATIONS BY FOLLOWING THE “UNSUBSCRIBE” DIRECTIONS IN THE FOOTER OF EACH SUCH EMAIL OR TEXT
Provided As-Is THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND WE DO NOT WARRANT THAT YOUR USE THEREOF WILL BE FREE OF ERROR, DEFECT, RISK (INCLUDING, AS EXAMPLES, COMPUTER VIRUSES OR OTHER MALICIOUS CODE), DISRUPTION, OR UNAVAILABILITY. THE SERVICES ARE NOT INTENDED TO COVER ALL POSSIBLE USES, DIRECTIONS, PRECAUTIONS, ADVERSE EFFECTS, OR INTERACTIONS WITH OTHER DRUGS, SUPPLEMENTS, OR OTHER SUBSTANCES. THE SERVICES SHOULD NOT BE CONSTRUED TO INDICATE THAT USE OF A PARTICULAR DRUG (OR OTHER COURSE OF TREATMENT) IS SAFE, APPROPRIATE OR EFFECTIVE FOR YOU OR ANYONE ELSE.

ALWAYS CONSULT THE ADVICE OF A QUALIFIED HEALTHCARE PROFESSIONAL IMMEDIATELY IF YOU HAVE QUESTIONS OR CONCERNS ABOUT A MEDICAL CONDITION, ISSUE, OR TREATMENT, OR BEFORE CHANGING ANY DIET OR COMMENCING, CHANGING, OR DISCONTINUING ANY COURSE OF TREATMENT. IF YOU ARE EXPERIENCING SERIOUS OR PERSISTENT SYMPTOMS, OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM, YOU SHOULD CONTACT YOUR PHYSICIAN, OR SEEK URGENT-CARE MEDICAL TREATMENT, IMMEDIATELY.

 

DISCLAIMER

WE DO NOT PROVIDE MEDICAL ADVICE OR DIAGNOSIS. THE SERVICES PROVIDE A GENERAL INFORMATIONAL RESOURCE AND DO NOT CONSTITUTE MEDICAL OR HEALTHCARE PRACTICE, NOR DO THEY CREATE A PATIENT-PROVIDER RELATIONSHIP BETWEEN ANY PERSONS. WE DO NOT ENDORSE, NOR DO WE WARRANT, THE APPROPRIATENESS, ACCURACY, TIMELINESS, EFFECTIVENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, APPLICABILITY TO A PARTICULAR PERSON, OR SAFETY OF ANY MEDICAL OR PHARMACEUTICAL TREATMENT, OR OTHER HEALTH REGIMEN, OR SERVICE PROVIDER, OR OF ANY PORTION OF THE SERVICES.

ANY USE OF THE SERVICES IS AT YOUR SOLE RISK. FOR ANY CLAIM, COMPLAINT OR OTHER ISSUE ARISING OUT OF OR RELATED TO THE SERVICES: (1) WE DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL LIABILITY FOR SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR OTHER DIRECT OR INDIRECT DAMAGES, REGARDLESS OF THEORY OF LAW ON WHICH SUCH DAMAGES MAY BE BASED; (2) YOUR SOLE, EXCLUSIVE REMEDY WILL BE TO DISCONTINUE YOUR USE OF THE SERVICES. SOME JURISDICTIONS LIMIT THE EFFECT OF DISCLAIMERS OF CERTAIN DAMAGES, SO THE APPLICABILITY OF PORTIONS OF THIS PARAGRAPH MAY NOT APPLY TO YOU.

 

Intellectual Property and Use of Information.

The term “KNOW YOUR MEDS” is our trade or service mark. Other marks displayed on the Services are the property of their respective owners.

We provide you with Services for your own personal use and that provision is not transferable by you.

You agree that you will not do or permit to be done any of the following: (i) copy, distribute, publish, translate (other than for your own personal and non-commercial use), or create derivative works from any Services; (ii) “data-mine”, “web-scrape,” “harvest,” bulk download, access via automated means, reverse-engineer, or make commercial use of any portion of the Services; (iii) link to, re-frame, embed or take any action with regard to, any of the Services, in any way that makes it appear to end-users that any portion of those Services are being provided by any person or entity other than us; (iv) violate any applicable law or regulation; or (v) use the Services for any fraudulent or misleading purpose or post to the Services or otherwise transmit any misleading, defamatory, intimidating, hateful, obscene, tortious, or trademark-protected or copyright-protected information or content, or any virus or other malware, or any unsolicited advertising, solicitation or spam.

 

Copyright & Takedown

The appearance, content and organization of the Services are our copyrighted property and are protected by international copyright laws. Unless you have our prior written permission, you may not reproduce, re-publish, re-transmit, modify, prepare derivative works from, or make commercial use of any portion thereof.

We respect intellectual property rights and comply with the Digital Millennium Copyright Act, as from time to time amended. If you reasonably believe that any portion of the Services violates your valid copyright, please send to [support@knowyourmeds.com] a notice containing each of the following:

  1. Your name, mail address, email address, and telephone number.
  2. A reasonably detailed description of the copyrighted work you believe the Service infringes.
  3. The location(s) on the Services of any such alleged infringement.
  4. Your statement, made in good faith, that you truthfully believe that any such infringement is unauthorized by the copyright owner (or that owner’s representative) or by applicable law.
  5. A statement, made and signed (by physical or valid electronic means) by you under penalty of perjury, that (a) the information in items (1)-(4) above is correct and (b) that you are either the copyright owner or their authorized representative.

 

Account Information

You are solely responsible for maintaining the robustness and confidentiality of any account information–including but not limited to any account name or password–that you use on to access the Services. You agree to notify us promptly of any breach or misuse of your account information.

 

Reservation of Rights

We reserve the right, without prior notice and in our sole discretion, to update, edit, change or discontinue the Site or App, or any other portion of the Services, or to suspend or terminate your access thereto.

 

Third Party Links, Resources, and Products

The Services may contain links to other websites operated by third parties or to information provided by third parties or may make reference to products or services made, offered, or sold by third-parties. These links and references do not represent any endorsement or sponsorship of (nor do we make any representation or warranty regarding) these other sites, information, services, products or third-parties. These links and references are provided solely for your convenience. Your use of those sites will be subject to the terms, conditions, and policies posted there.

 

Jurisdiction & Choice of Law

For any dispute arising from or related to your use of the Services, sole jurisdiction shall vest in the state and federal courts located in the Commonwealth of Massachusetts, United States of America.

 

Survival

Any section of these Terms of Use which by their nature would be intended to be continue past your use of the Services (including, but not limited to, those sections related to Intellectual Property, Copyright & Takedown, Disclaimer, Third Party Links and Resources, Jurisdictions & Choice of Law), will survive in perpetuity.

 

Severability

If any portion of these Terms of Use is adjudicated unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

 

Merger

Other than any additional legal terms that we affix to, and that pertain specifically to, any particular Service (which additional terms shall be deemed to augment these Terms of Use), these Terms of Use represent the entire agreement between us, you, and anyone claiming through you, that arise from or relate to any use of the Services.

 

Contact

Any questions related to Services should be sent to [support@knowyourmeds.com].

 

Miscellaneous.

If one or more of the provisions contained in these Terms of Use (or any Additional Terms) shall for any reason be held to be excessively broad as to scope, activity, subject or is otherwise void or unenforceable under applicable law, such provision or provisions shall be construed by the appropriate judicial body by limiting or reducing it or them, so as to be enforceable to the maximum extent compatible with that law. If such construction is not permitted by that judicial body, then that specific portion will be deemed severable and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer, or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations hereunder without restriction, including, without limitation, those rights or obligations to any information that you provide or that has been collected by Company in connection with the Services. No waiver by either party of any breach or default of these Terms will be deemed to be a waiver of any preceding or subsequent breach or default. We provide section headings and titles for convenience only and they are not intended to have substantive meaning. These Terms, are the entire agreement between you and Company relating to the subject matter hereof, and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and Company relating to such subject matter.

 

These Terms of Use were last updated on June 7, 2021

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