User Participation Agreement
This Compliance for Life™ Participation Agreement (“Agreement”), effective as of the date of your registration (“the Effective Date”), is between you and iReminder, LLC. (“iReminder,” “we,” “us”). You and iReminder are sometimes referred to individually as a “Party” and collectively as the “Parties.”
1. BACKGROUND
iReminder operates a medication reminder system called “Compliance for Life™,” which is an automated notification system aimed at improving medication compliance and persistence. Compliance for Life™ has been made available to you. By accessing, viewing, or using the content, material, or services available on or through this Site, you indicate that you have read and understand this Participation Agreement and that you agree to it and intend to be legally bound by it. If you do not agree to the Participation Agreement, you are not granted permission to use this Site and must exit immediately.
2. YOUR RESPONSIBILITIES
In order to use the Compliance for Life™ system, you must register with Compliance for Life™ through our Web Site. More detailed instructions can be found on our Web Site at www.ComplianceForLife.com or will be provided to you if you call our toll-free number at 877-326-3293. These instructions explain how to create reminders and use the Compliance for Life™ system.
By accessing, viewing, or using the content, material, or services available on or through this Site, you understand that using the Compliance for Life™ system is voluntary, and you and the individuals who use the system through your Network can choose to discontinue using the system at any time. You or the individuals in your Network may discontinue use of the system by deleting the reminders you have made in the system or by notifying us by electronic mail at info@iReminder.com or by telephone at 877-326-3293.
You agree to follow the instructions in registering for and using the Compliance for Life™ system. In addition, if you access the Compliance for Life™ Web Site, you agree to abide by the Web Site Terms and Conditions and Privacy Policy that govern the use of that Web Site. The Terms and Conditions and Privacy Policy can be accessed through the Web Site. The Terms and Conditions may be amended by us from time to time, to improve them in light of experience; the amended version shall have as much force as the version that was in force at the time of this Agreement.
The reminders provided through the Compliance for Life™ system are based on information input by you, so it is up to you to determine when and where such reminders should be sent and the content of such reminders. We have no control over or responsibility for such content.
3. OUR RESPONSIBILITIES
We will provide you with access to the Compliance for Life™ system so that you can set up, using our Web Site and in accordance with the instructions, one-time or recurring reminders to take medication, leave for doctors' appointments, schedule tests, or other healthcare-related events to be sent to you or to a network of family members, caregivers and patients (your “Network”). We will provide such reminders to you or such individuals based on the information you provide to us.
4. NOT MEDICAL ADVICE
We are not a health care provider. No information provided to you or the individuals in your Network by us or in connection with the Compliance for Life™ system should be construed as medical advice and/or treatment. No physician/patient relationship is created between iReminder and you or any person in your Network by reason of your use of the Compliance for Life™ System or under any circumstances. Any inquiries or concerns about health-related matters should be addressed to a physician or other medical professional. It is the responsibility of you and the individuals in your Network to understand and follow the course of treatment prescribed by any health care professional.
5. PRIVACY
Personal information about you or others in your Network that is collected by us through interaction with the Compliance for Life™ Web Site, over the telephone, and through electronic mail may include name, email address, telephone number, and any health information provided in connection with the reminder you create. This information will be used by us to provide the reminder services described in this Agreement and internally to improve the services we provide. For example, we may use the information internally for a statistical analysis, to develop new products, to improve the services and products we offer, to respond to requests that you may have, and to customize the content and layout of the Compliance for Life™ Web Site. We also may use your personal information and information about individuals in your network to contact you regarding account status and any changes to this Agreement or other policies relevant to you. We may use and disclose aggregate information that does not identify you or others individually for other purposes.
Information that identifies you or others in your network may be shared with others if required by law, for example pursuant to a subpoena or court order. Otherwise, identifiable information will only be shared with (1) agents that use the information to provide a service to us and who are subject to a confidentiality agreement; or (2) a buyer of all or part of our business through, for example, a merger or asset purchase, that agrees to treat the information in accordance with this Agreement.
6. LIMITATION OF LIABILITY
ALL MATERIALS, SERVICES AND INFORMATION PROVIDED TO YOU AND THE INDIVIDUALS IN YOUR NETWORK THROUGH THE COMPLIANCE FOR LIFE™ SYSTEM ARE MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THE COMPLIANCE FOR LIFE™ SYSTEM IS ENTIRELY AT YOUR OWN RISK.
IREMINDER MAKES NO REPRESENTATIONS OR WARRANTIES AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE COMPLIANCE FOR LIFE™ SYSTEM, AND ANY MATERIALS, SERVICES AND INFORMATION OFFERED IN CONNECTION THEREWITH, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUALITY, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT WITH REGARD TO ANY AND ALL MATERIALS, INFORMATION AND SERVICES MADE AVAILABLE THROUGH THE COMPLIANCE FOR LIFE™ SYSTEM IS WITH YOU.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IREMINDER SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATEVER, INCLUDING, WITHOUT LIMITATION, BODILY INJURY OR DEATH, OR LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THIS SITE, INCLUDING BUT NOT LIMITED TO THAT RESULTING FROM FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, COMPUTER VIRUSES, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, SEVERE WEATHER, EARTHQUAKES, NATURAL DISASTERS, STRIKES OR OTHER LABOR PROBLEMS, WARS, OR GOVERNMENTAL RESTRICTIONS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT ANY PARTY HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF IREMINDER TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE COMPLIANCE FOR LIFE™ SYSTEM AND THE MATERIALS, INFORMATION AND SERVICES MADE AVAILABLE IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU OR FOR YOU FOR USE OF THE COMPLIANCE FOR LIFE™ SYSTEM.
7. SEVERABILITY AND WAIVER
If any of the provisions of this Agreement or the application thereof to any circumstances is ruled invalid or unenforceable, the validity or enforceability of the remainder of this Agreement shall not be affected thereby, and each of the other provisions shall be valid and enforceable to the fullest extent permitted by law. A waiver or consent regarding any provision of this Agreement given by us on any one occasion shall be effective only in that instance and shall not be construed as a bar or waiver of any right on any other occasion.
8. AMENDMENT
This Agreement may be amended or modified only via the sending to you of an amended version via electronic mail, or the execution of a written amendment signed by both you and us.
9. SUCCESSORS AND ASSIGNS This Agreement shall be binding upon, and inure to the benefit of, our successors and assigns, including any entity with which, or into which, we may be merged or which may succeed to its assets or business. You may not assign this Agreement, in whole or in part, without our prior written consent.
10. WEB SITE TERMS AND CONDITIONS / PRIVACY POLICY
Any ambiguities or inconsistencies between this Agreement, the Web Site Terms and Conditions, and the Privacy Policy shall be resolved by giving precedence in the following order: (a) this Agreement, then to (b) the Terms and Conditions, then to (c) the Privacy Statement. Silence on any matter in a higher order document does not negate a provision in a lower order document as to that matter.
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