Terms of Service
Terms of Service
1. Binding Effect
These Terms constitute a legally binding agreement between you and MyMedicine. By using the Service, you: (a) acknowledge that you have read and understood these Terms; (b) represent that you are 18 years of age or older and of legal age to enter into a binding agreement, or, if you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the Service; (c) represent that you are a United States resident; and (d) accept these Terms and agree that you are legally bound by them. If you are using the Service on behalf of a company, entity, or organization, you represent and warrant that you are an authorized representative of such company, entity, or organization with the authority to bind it to these Terms. MyMedicine may revise and update these Terms at any time; your continued usage of the Service will mean you accept those changes. Your use of the Service manifests your agreement to be bound by these Terms each time you access the Service.
2. Not Medical Advice
All content on this Service is general in nature and is provided for informational purposes only. You acknowledge and agree that the Service and the content contained therein does not constitute medical advice, health care services, medical services, or treatment services of any kind. We do not offer medical advice and the information on the Service should not be used for the diagnosis or treatment of any medical condition, as the Service’s content may not contain all information that may apply to your situation or health condition. Always consult a qualified health care provider if you have any questions about a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Service. MyMedicine is not obligated to screen dispensaries, vendors, cultivators, processors, testing labs, retail locations, health care providers, or their menus, content, or deals to determine whether they are qualified or authorized by law to provide their service or to determine the accuracy of their menus or other information they provide.
MyMedicine does not, directly, indirectly, or through the Service, represent or warrant that any particular product, recommendation, or treatment is safe, appropriate, recommended, or effective for you under any circumstance. We do not recommend or endorse any products, devices, treatment, or recommendations. MyMedicine does not represent or warrant that any of its independent contractors or authors of its content are licensed professionals in any jurisdiction, have completed any particular training or educational program, have met any recognized quality requirements, or hold any verification or certification. Reliance on any information provided by MyMedicine or other users or contributors to the Service is solely at your own risk. We do not endorse, and we are not responsible for the accuracy or reliability of, any opinion, advice, statement, recommendation, or other information made on the Service, including third-party materials. We are not responsible for your relationship with any, dispensary, vendor, processor, cultivator, testing lab, health care provider, retail location, other users of the Service, or any other third-party.
3. Not for Emergencies
IF YOU ARE OR THINK YOU MAY BE HAVING A MEDICAL EMERGENCY, CALL 911 OR OTHER EMERGENCY NUMBER IMMEDIATELY. DO NOT USE THE SERVICE TO COMMUNICATE OR RECEIVE URGENT OR EMERGENCY MESSAGES OR COMMUNICATE ABOUT AN EMERGENCY OR OTHER URGENT SITUATION.
4. Acknowledgement of Federal Law
You expressly acknowledge that the Service is to be used by residents of states and localities with laws permitting medical or the recreational use of marijuana only. Marijuana is included on Schedule 1 under the United States Controlled Substances Act and manufacturing, distributing, dispensing, or possessing marijuana is illegal. You acknowledge that medical use is not recognized as a valid defense under federal law.
5. General Use and Licensure
MyMedicine grants you a limited, nonexclusive, nontransferable, revocable license (without the right to sublicense) to make use of the Service, regardless of the medium by which the Service is accessed by you. You may view, copy, download, or print materials from the Service for your own personal or internal, non-commercial use only, but you are prohibited from posting, uploading, or otherwise publishing the materials for any commercial purpose, except with the express written permission of MyMedicine. This license does not include any rights not specifically enumerated herein.
You acknowledge that your use of the Service is at MyMedicine’s sole discretion and your license to use the Service may be terminated by us at any time, for any reason or for no reason. MyMedicine reserves the right, in our sole discretion, to refuse service, to block or prevent future access to and use of the Service, to terminate any user’s account, and to alter or delete any material submitted to the Service through the user’s account.
The Service is intended for use by those who are eighteen (18) years of age or older only. If you are not 18 years of age or older, you are prohibited from using the Service without the accompaniment and supervision of a parent or legal guardian. If you are a parent or legal guardian, you agree that you will monitor and supervise the use of the Service by children, minors, and others under your care, and you agree to be responsible for their use of the Service. Any use of the Service by persons under 18 years of age and without parental consent will result in immediate termination of their use of the Service.
MyMedicine reserves the right, at any time, to modify, suspend, or discontinue the Service or any part thereof with or without notice. You agree that MyMedicine will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service or any part thereof.
6. Prohibitions and Restrictions
Except as expressly provided in these Terms, and without altering the scope of the license granted to you, you are hereby prohibited from: (a) modifying, adapting, translating, copying, reproducing, imitating, distributing, publishing, or reselling the Service or any of the content on the Service; (b) bypassing any technical measures used to prevent or restrict access to any portion of the Service; (c) reverse engineering, decompiling, disassembling, or otherwise obtaining the source code of the Service; (d) using or attempting to use any data mining, robot, spider, or similar automated or manual data gathering and extraction tools to access the Service’s listings or content; (e) circumventing or attempting to circumvent the security of the Service; (f) interfering or attempting to interfere with the proper working of the Service or otherwise engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm MyMedicine or users of the Service or expose them to liability; (g) altering or modifying, or attempting to alter or modify any part of the Service; (h) attempting to gain unauthorized access to any portion of the Service or any systems or networks connected to the Service through hacking, cracking, mining, phishing, or any other means; (i) accessing or attempting to access password protected, secure, or non-public areas of the Service, except as authorized by MyMedicine; (j) taking any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or any systems or networks connected to the Service; (k) using reports, content, electronic documentation, or other materials available on the Service to feed any downstream product, application, or website; (l) engaging in any activity that markets another business or attracts MyMedicine users to a third party; (m) making commercial use of the Service or any of its content; (n) accessing the Service in order to build a similar or competitive service, website, platform, application, or other product; (o) impersonating or attempting to impersonate another a representative of MyMedicine or another user of the Service; (p) harassing or interfering with another user’s use and enjoyment of the Service; or (q) engaging in or promoting activities which are illegal under state law in the state where the user is located.
7. Intellectual Property Rights
Unless otherwise noted, all content provided on the Service is the property of MyMedicine or its affiliates and is protected by United States and international copyright laws. Any and all content on the Service is either the property of MyMedicine or is used by us with the permission of its owner. The compilation of the Service is the exclusive property of MyMedicine and is protected by United States and international copyright laws. You agree that you will not take any actions inconsistent with MyMedicine’s ownership of the Service and content. The provision of the Service does not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights.
The trademarks, logos, and service marks displayed on the Service are owned by MyMedicine and other third parties, and the Service’s trade dress is owned by MyMedicine. All trademarks not owned by MyMedicine are the property of their respective owners, and, where used by MyMedicine, are used with permission. Nothing contained on the Service may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark. MyMedicine’s trademarks and/or trade dress may not be copied, imitated, or used, in whole or in part (including use in metatags or in hidden text), without MyMedicine’s prior written permission. You agree that you will not take any actions inconsistent with MyMedicine’s ownership of, or any third party’s ownership of, the trademarks and trade dress used on the Service.
Except as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the materials on the Service, including any copyrighted, patented, or trademarked content. You may only use the materials and content on the Service as expressly permitted in these Terms and for no other purpose. Any unauthorized use of any content or materials on the Service is strictly prohibited and may violate copyright, patent, and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.
MyMedicine reserve all rights not granted in these Terms.
8. User Account
Before you can make use of the Service, you may be required to register with the Service and create an account. You must be 18 years of age or a qualified medical marijuana patient to use the Service. You agree and warrant that all information you provide to us through the Service, including but not limited to any contact information or registration information, is truthful, accurate, and up-to-date. You further agree to maintain the accuracy of your account information and to inform us promptly of any changes to your information, including but not limited to any changes to your email address.
You are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security you become aware of. We are neither responsible, nor liable, for any loss or other injury that you may incur as a result of someone else using your user account or password, either with or without your knowledge.
By creating an account with the Service, you consent to receive communications from us electronically via the email address associated with your account. Although you can opt-out of receiving promotional communications, we reserve the right to email you informational communications about your account or administrative notices regarding the Service, as permitted under the CAN-SPAM Act.
You are expressly prohibited from selling, trading, or transferring your account (including but not limited to, selling, trading, or transferring emails associated with such account). We have final discretion in granting accounts and reserve the right to reject users without explanation.
9. Submission of Content and User Activity
From time to time, we may make available on the Service services, features, or sections that allow certain users to post or upload materials to the Service. You understand that all information, communications, data, text, software, photographs, graphics, messages, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. Therefore, you, and not MyMedicine, are solely responsible for all Content that you upload, post, email, transmit, or otherwise make available through the Service or any related services.
You represent and warrant that you own or otherwise control all the rights, titles, and interests to any Content that you upload, transmit, or otherwise make available through the Service, that use of any Content you provide does not violate the intellectual property rights or any other rights of any third parties, and that use of Content you provide will not cause injury to any person or entity.
Without limiting the foregoing, you represent and warrant that you will not: (a) provide any Content that is unlawful under local and state law, or any Content that advocates illegal activity under local or state law; (b) provide any Content that is defamatory, false, or libelous, or that contains harmful, threatening, harassing, discriminatory, abusive, profane, pornographic or obscene material; (c) provide any Content that you do not have a right to provide under law or under a contractual or fiduciary relationship; (d) violates the intellectual property rights of another; (e) provide any Content that contains software viruses or other harmful devices; or (f) impersonate any other person or entity or forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content you provide.
When you post or submit Content to the Service, you hereby expressly grant MyMedicine a royalty-free, perpetual, non-exclusive, irrevocable right and license to use, reproduce, adapt, modify, publish, edit, translate, perform, transmit, sell, exploit, sublicense, or otherwise distribute and display Content and any ideas, concepts, know-how, or techniques contained therein for any reason and in any manner it chooses, alone or as a part of other works, in any form, medium or technology now known or later developed, without restriction and without compensation of any kind to you, and you waive all moral rights in all such Content.
MyMedicine disclaims any and all liability for any Content emailed, transmitted, posted, or otherwise made available via the Service. The opinions expressed in the Content on the Service may not represent the views or opinions of MyMedicine or its advertisers, sponsors, affiliated, or related entities. We do not represent or guarantee the truthfulness, accuracy, or reliability of any Content. Any Content on the Site is provided “as is.” You understand that by using the Site, you may be exposed to Content and non-user Content that is inaccurate, offensive, indecent, or objectionable. Under no circumstances will MyMedicine be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content emailed, transmitted, posted or otherwise made available via the Service. You should be aware that your use of and reliance on Content is at your own risk.
MyMedicine has no obligation to review, monitor, delete, or edit the Service, including user Content. However, you acknowledge and agree that MyMedicine has the right to do so at any time in its sole discretion, for any reason or no reason, with or without notice. We will not be liable for any alteration or deletion of any Content. You acknowledge, consent, and agree that MyMedicine may access, preserve, and disclose any inappropriate conduct, your account information, and any Content you submit if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of MyMedicine, its affiliates, personnel, other users, and the public.
10. Links to Third Party Sites and Third Party Interactions
The Service may display, include, or make available third-party content, or contain links to third-party websites or other resources, which we may have no direct control and all of which may have their own set of rules and guidelines for usage of their sites and services (“Third-Party Materials”). MyMedicine does not endorse or recommend any products or the content on any third party websites, and we shall not be responsible or liable for, the accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of the Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk. When you link to a Third-Party Material, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.
For your protection, please refer to the terms of service and privacy policies of those respective websites. You acknowledge, understand, and agree that MyMedicine shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of, or reliance on, any such content, goods, or services available on such other websites. MyMedicine shall not be liable for any errors or delays in the content, goods, or services available on such other websites, or for any actions taken or not taken in reliance thereon. The links are provided “as is” and use of such links is at your own risk.
During use of the Service, you may enter into correspondence with, purchase goods and/or services from, receive recommendations, or participate in promotions of third-party service providers, advertisers, or sponsors showing their goods and/or services through the Service or identified on the Service. MyMedicine is not a party to any transaction that you may enter into with a third party. Any such activity, and any terms, conditions, warranties, or representations associated with such activity, is solely between you and the applicable third party. MyMedicine shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction, or promotion between you and any such third-party. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Service.
11. Correction of Errors and Inaccuracies; Limitations on Services
The information on the Service may contain typographical errors or inaccuracies, and may not be complete or current. MyMedicine therefore reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information at any time without prior notice. Please note that such errors, inaccuracies, or omissions may relate to service descriptions, pricing, and availability. MyMedicine also reserves the right to limit the scope of the Service at any time. MyMedicine apologizes for any inconvenience this may cause you.
12. Payment Processing
We may use a third-party payment processor (the “Payment Processor”) to process any payments made through the Service or to MyMedicine for use of the Service. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Terms. MyMedicine is not responsible for these financial transactions, the security of your financial information with respect to these transactions, and any errors by the Payment Processor. You acknowledge and agree that we are not responsible for any unauthorized charges or other breach of your financial information and/or security.
By making payments for use of the Service, you agree to pay us—through the Payment Processor—all charges at the prices then in effect for any use of such payment processing in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due upon demand.
13. Disclaimer of Warranties
THE SERVICE, ITS CONTENT, AND ANY ASSOCIATED SERVICES ARE PROVIDED BY MYMEDICINE ON AN “AS IS” AND “AS AVAILABLE” BASIS. INFORMATION ACCESSIBLE THROUGH THE SERVICE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND FOR YOUR CONVENIENCE. YOUR USE OF AND RELIANCE ON THE SERVICE AND ANY CONTENT AVAILABLE IS AT YOUR OWN RISK. MYMEDICINE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE, TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SERVICE, OR TO THE FUNCTIONALITY OF ANY SERVICES ASSOCIATED THEREWITH.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MYMEDICINE DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF CONTENT, AND OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE. MYMEDICINE IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENTS ON THE SERVICE.
MYMEDICINE MAKES NO REPRESENTATIONS OR WARRANTIES THAT your use of the SERVICE will be continuous, uninterrupted, error-free, virus-free, or that the SERVICE will meet your requirements or be ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. MyMedicine further makes no representations or warranties that communications between you and MyMedicine, or another user of the SERVICE OR THIRD PARTY, will be secure from interference, virus-free, or free of other harmful components.
THE SERVICE IS CONTROLLED, OPERATED, AND ADMINISTERED BY MYMEDICINE FROM ITS OFFICES WITHIN THE UNITED STATES. MYMEDICINE MAKES NO WARRANTY OR REPRESENTATION THAT MATERIAL AVAILABLE THROUGH THE SERVICE IS LEGAL, APPROPRIATE, OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. IF YOU ACCESS THE SERVICE FROM A LOCATION OUTSIDE THE UNITED STATES, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS AND MYMEDICINE ACCEPTS NO RESPONSIBILITY FOR SUCH ACCESS. Any offer for any service or product made is void where prohibited.
MyMedicine IS NOT OBLIGATED TO SCREEN DISPENSARIES, VENDORS, CULTIVATORS, PROCESSORS, RETAIL LOCATIONS, HEALTH CARE PROVIDERS, OR THEIR MENUS, CONTENT, OR DEALS TO DETERMINE WHETHER THEY ARE QUALIFIED OR AUTHORIZED BY LAW TO PROVIDE THEIR SERVICES OR TO DETERMINE THE ACCURACY OF THEIR MENUS OR OTHER INFORMATION THEY PROVIDE.
14. Limitation of Liability
NEITHER MYMEDICINE NOR ANY OF MYMEDICINE’S employees, subsidiaries, affiliates, agents, representatives, distributors, or licensors WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY OR OTHERWISE), ARISING FROM OR OTHERWISE RELATED TO YOUR USE OF, OR INABILITY TO USE, THE sERVICE OR THE ASSOCIATED SERVICES, ANY cONTENT, OR ANY THIRD-PARTY MATERIALS INCLUDING BUT NOT LIMITED TO: (A) Death, Personal Injury, property damage, cost of substitute goods or services, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, LOST DATA ,OR LOST PROFIT; (B) attorneys’ fees; or (C) any other DIRECT, INDIRECT, INCIDENTAL, Special, Exemplary, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, MYMEDICINE WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESSING OR USE OF, or inability to use, THE SERVICE, OR FROM YOUR DOWNLOADING OF ANY content or MATERIALS FROM THE SITE, OR FOR ANY DAMAGES ARISING OUT OF A THIRD PARTY’S UNAUTHORIZED ACCESS TO AND USE OF YOUR PERSONAL INFORMATION STORED ON MYMEDICINE’S COMPUTERS AND/OR SERVERS. MYMEDICINE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND THAT YOU ALLEGE ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE SERVICE and associated SERVICES, CONTENT, THIRD-PARTY MATERIALS, OR OTHER MATERIALS.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MYMEDICINE, OR ITS PARENT, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES, DISTRIBUTORS, OR LICENSORS—WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY—ARISING OUT OF OR RELATING TO THE USE OF THE SERVICE EXCEED THE TOTAL AMOUNT YOU PAID TO MYMEDICINE TO ACCESS THE SERVICE WITHIN THE PRECEDING SIX (6) MONTHS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
In consideration of your use of the Service, you hereby release and forever discharge MyMedicine (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish your rights with respect to, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including claims related to privacy, receipt of text messages, personal injuries, death, and property damage), known or unknown, that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other users of the Service, third parties, Content, or Third-Party Materials.
16. Indemnification and Remedies
You agree to indemnify, defend, and hold harmless MyMedicine and its employees, subsidiaries, affiliates, agents, representatives, distributors, and licensors, from and against any claim, judgment, demand, damages, cost, expenses, and liabilities, including reasonable attorneys’ fees, which may arise from or be related to: (a) your use of the Service; (b) Content you post, upload, or submit to the Site; (c) your breach of any provision of these Terms or any warranty provided hereunder; (d) your use of or reliance on any information or content contained in the Service; or (e) violation of applicable laws or regulations. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
You agree that if you are dissatisfied with the Site or any services offered in connection with the Service, do not agree with any part of these Terms, or have any other dispute or claim with or against MyMedicine with respect to these Terms or the Service, your sole and exclusive remedy is to discontinue using the Service.
17. Term and Termination
Subject to this Section, these Terms will remain in full force and effect while you use the Service. We may (a) suspend your rights to use the Service (including your user account), or (b) terminate these Terms, at any time for any reason at our sole discretion, including for any use of the Service in violation of these Terms. Upon termination of these Terms, your user account and right to access and use the Service will terminate immediately. You understand that any termination of your user account involves deletion of your Content or other data associated therewith from our Service, and live databases. MyMedicine will not have any liability whatsoever to you for any termination of your user account, ability to access the Service, or these Terms.
Following termination of your license to use the Service, the following provisions of these Terms shall remain in effect: 2, 4, 7, 13, 14, 15, 16, 18, 19, and 20.
18. Choice of Law and Venue
The laws of the State of Ohio shall govern the validity, performance, enforcement, interpretation, and any dispute that may arise between the parties with respect to these Terms, without giving effect to any principles of conflicts of laws.
Any controversy arising out of or relating to your use of the Service or these Terms may at the election of either party be settled exclusively and finally by arbitration. There is no judge or jury in arbitration and you are agreeing to waive your right to pursue claims in court to the greatest extent permitted by law. The arbitration shall be conducted in Columbus, Ohio, in accordance with the then-current commercial arbitration rules created by the American Arbitration Association. All submissions to arbitration shall be made within forty-five (45) days of the date upon which the controversy to be arbitrated arose. The arbitration shall be conducted before a sole arbitrator, and under no circumstance shall punitive damages be awarded in the arbitration. Any award rendered in such arbitration proceedings shall be final and binding on each of the parties, and judgment may be entered thereon in a court of competent jurisdiction. Any legal action between the parties arising under these Terms must be filed within one (1) year after the occurrence giving rise to the claim or be barred forever. Each party shall share equally the expenses of the arbitrator, however each party must bear its own expenses associated with attorney’s fees. Notwithstanding the foregoing, if an award is made to you which is less than any amount offered in writing by MyMedicine in settlement of such claim, then you will be required to pay all of MyMedicine’s costs and expenses incurred in such arbitration, including reasonable attorneys’ fees, as well as all costs of arbitration. If this provision is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in a court of competent jurisdiction in Franklin County, Ohio. You hereby accept the exclusive jurisdiction of such court for this purpose.
Prior to resorting to formal dispute resolution procedures, you hereby agree to try to resolve disputes amicably and efficiently by emailing customer support at email@example.com.
All aspects of the arbitration or other settlement proceeding will be strictly confidential and may not be disclosed by either you or MyMedicine.
20. General Terms
These Terms, including any documents referenced herein, represents the entire understanding between you and MyMedicine regarding your relationship with MyMedicine and use of the Service, and supersedes all other agreements, express or implied, written or oral, between you and MyMedicine. You have no authority to modify these Terms.
If any provision of these Terms is determined to be invalid or unenforceable for any reason whatsoever, the remainder of these Terms shall be enforced to the extent possible, and the offending provision shall be treated as though not a part of these Terms. MyMedicine’s failure to act with respect to a breach of these Terms by you or others does not constitute a waiver of its rights with respect to that breach or any subsequent breach, nor shall it constitute a waiver of any other rights under these Terms. Notwithstanding any provision of these Terms, MyMedicine has available all remedies at law or equity to enforce these Terms. MyMedicine shall have the right to assign these Terms and to sublicense any and all of its rights under these Terms. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Nothing contained herein shall be construed to establish an employment, partnership, or joint venture relationship between you and MyMedicine. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without MyMedicine’s prior written consent.
You acknowledge and agree that the provisions, disclosures, and disclaimers set forth in these Terms reflect a fair and reasonable allocation of risk between you and MyMedicine, and is not the result of fraud, duress, or undue influence exercised upon you by any person or entity. Any rights not expressly granted herein are reserved.
22. Changes to these Terms
Where required, MyMedicine may give notice to you by a general posting in the Service, by electronic mail, or by conventional mail to your address of record. You may give notice to MyMedicine by electronic mail or by conventional mail to the address below. If you have any questions about these Terms, the practices of the Service, or your dealings with MyMedicine, please contact us at:
Thank you for your cooperation. We hope you find the Service helpful.