PACK Health, LLC Website Terms and Conditions of Use
NO MEDICAL ADVICE / MEDICAL EMERGENCIES
We do not provide medical advice. Although medical and health information may be provided on the Website, the material is for general informational purposes only, should never be construed as specific instructions for individual patients, and is not a substitute for proper professional medical advice, diagnosis, treatment, care or services. Always seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition, treatment option or diagnosis. In no event shall PACKHealth be liable to you or to anyone else for any decision or action taken by you or your caregiver in reliance on any information available on the Website. Never disregard professional medical advice or delay seeking medical advice because of something you have read on the Website. PACKHealth does not recommend or endorse any specific services, products, procedures, or tests referred to or opinions or information that may be contained on the Website or in the Content (as defined below) or your particular circumstances. If you think you may have a medical emergency, call your doctor or 911 immediately.
CONTENT; INTELLECTUAL PROPERTY
The content and other information contained on the Website may include educational and informational material to augment or further the materials contained in your PACK Kit, and may include, as examples only, care plans, training programs, risk management tools, life style modification information and disease management tools (all information available on the Website is collectively referred to in these Terms as the “Content”). The Content is provided for your personal, non-commercial use only. You may not sell, give, reproduce, create derivative works of, publicly display or otherwise distribute the Content to anyone, other than by referring others to the Website. PACKHealth allows you to access, view, use, display and download the Website and the Content, but you do not receive any ownership in or to the Website or the Content or any copies thereof. You may share the Content only with your physician(s) and your caregiver(s). If we provide social media features with certain Content on the Website, you may take such actions as are enabled by such features. Organizations, companies or businesses may not become members of the Website and may not use the Website or Content without the prior written consent of PACKHealth.
The Website contains material that is protected by copyright and trademark laws and is exclusively owned by PACKHealth or its licensors, including, but not limited to, names “PACKHealth” and “PACK,” our logo, designs and slogans, text, software, photography, video, graphics, music, sound, information, other Content and the Website layout and the coordination, arrangement and enhancement thereof. You must not use such intellectual property without our prior written consent. All other names, logos, product and service names, designs and slogans on the Website are trademarks of their respective owners. Neither the Website, the Content, nor any portion thereof may be modified, copied, reproduced, downloaded, posted, transmitted, transferred, sold or distributed in any form.
Your rights to access, view, use, display and download the Content are subject to the following restrictions: (1) you must retain, on all copies of the Content, all copyright and other proprietary notices contained in the Content on the Website; (2) you may not modify the Content in any way or reproduce or publicly display, perform, or distribute or otherwise use the Content for any public or commercial purpose; and (3) you must not transfer the Content to any other person (other than your physician(s) or care giver(s)). You agree to abide by all additional restrictions displayed on the Website as it may be updated from time to time. You agree to comply with all copyright and other laws worldwide in your use of the Website and to prevent any unauthorized copying of the Content. Except as expressly provided, PACKHealth does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.
PACKHealth reserves the right to change or terminate the Website at any time, in our sole discretion, with or without notice. We will not be responsible if, for any reason, all or any part of the Website is unavailable.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any Content on the Website is transferred to you, and all rights not expressly granted are reserved by PACKHealth. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
USE OF THE WEBSITE
We make the Website available to provide you with information we believe you will find useful. Although there is some medical and health information published on the Website, such information is no substitute for proper medical advice, diagnosis, treatment or care. We encourage you to review all information on the Website and to consult your physician(s) if you still have questions. In no event shall PACKHealth be liable to you or anyone else for decisions or action taken by you in reliance on information on the Website. No physician-patient or treatment relationship shall be created solely by you accessing the Website, using any information contained on the Website, or you providing any information on or via the Website.
We may prohibit or enjoin any conduct or use of the Website or the Content that restricts or prevents other users from using the Website or Content or that otherwise violates these Terms. We have the right to restrict, suspend or terminate access to any user for any reason at any time in our sole discretion. Notwithstanding the above, we have no obligation to monitor the use of the Website, but reserve the right to do so. PACKHealth has no obligation to maintain, store or transfer to you information or data that you have posted on or uploaded to the Website.
If you post or upload anything to the Website, it must comply with our Posted Content Standards set forth in these Terms.
You may not use any robot, spider, scraper, or other automated means to access the Website or the Content for any purposes. You shall not attempt to make the Website or the Content unavailable through denial-of-service attacks or similar means. You shall not use contact information provided by users, or collect information about our users, to facilitate the sending of unsolicited bulk communications such as SPAM.
If you submit to the Website or otherwise exchange communications, content or materials via the Website, including, without limitation, any personal or commercial information, ideas, concepts, know-how or inventions, you irrevocably grant to PACKHealth an unrestricted, worldwide, irrevocable, royalty free license to use, reproduce, display publicly, perform, publish, transmit and distribute such communications, content, materials, ideas, concepts, know-how and inventions.
You are responsible for making all arrangements necessary for you to have access to the Website and ensuring that all persons who access the Website through your internet connection or using any access credentials we provide to you, are aware of these Terms and comply with these Terms. You agree to use the Website only for lawful purposes. You agree not to use the Website:
Additionally, you agree not to:
RIGHTS TO DE-IDENTIFIED INFORMATION
By using the Website, you consent to PACKHealth using “de-identified” data available in your PACKHealth account for any purpose permitted by law, including, without limitation, (i) analysis and incorporation of the de-identified data in research, databases, reports, comparative data sets, scores or scoring systems generated therefrom, and (ii) the creation and distribution of works and derivative works based on de-identified data.
From the Website
Through the Website you are able to link to other websites which are not under the control of PACKHealth and such links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the nature, content and availability of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. The inclusion of any links on the Website is not and does not imply a recommendation or endorsement of the views expressed with the linked websites. All use of the linked websites is entirely at your own risk subject to the terms and conditions of the linked websites.
To the Website
You may link to the homepage of the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.
To the extent the Website may provide certain social media features, you may use these features solely as they are provided to you, solely with respect to the Content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
[The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Posted Content Standards set out in these Terms.]
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
TERMS OF SALE
The purchase price for the PACK Kits stated on the Website includes all applicable taxes and shipping charges. Prices are subject to change without notice.
At this time, PACKHealth ships PACK Kits only to locations within the United States, and we cannot ship to Post Office Boxes. PACKHealth reserves the right to select the method of shipping. Title and risk of loss to the PACK Kit transfers to you at the time the PACK Kit is delivered to the carrier we select.
PACKHealth reserves the right to change or discontinue any or all of the PACK Kits at any time.
Our PACK Kit may be returned for any reason within fourteen (14) days of the date of shipment. You must return a receipt or a legible copy of your receipt with your PACK Kit in order to be entitled to a refund. PACK Kits should be shipped to [insert address] to request a refund.
Upon receipt of a return, PACKHealth will inspect the PACK Kit and upon confirming the presence of all materials in the PACK Kit, we will refund the purchase price in the original method of payment. You are responsible for all shipping charges associated with the return.
After 14 days, all sales are final.
PACKHealth has engaged a “Payment Provider” to handle payment transactions, and the current Payment Provider is Stripe. You may make payments by credit card, Pay Pal or bank drafts, and our Payment Provider facilitates those transactions. The information provided to the Payment Provider and the handling of the payment transaction is governed by the Payment Provider’s terms and conditions of use and privacy policies which are accessible <<here>>. We have no control over the Payment Provider or the provision of its services, and accept no responsibility for them or for any loss or damage that may arise from its handling of your payment transactions.
You represent and warrant that the information you provided when accessing the Website, making a purchase or registering as a member, and all information that you subsequently provide regarding yourself and your membership, is true and accurate and not misleading.
DISCLAIMER OF WARRANTIES
You understand that PACKHealth cannot attest to, and makes no warranty regarding the quality, accuracy, completeness, timeliness, or correctness of, the Content. PACKHealth makes no warranties, express or implied, regarding errors or omissions and assumes no liability for loss or damage resulting from the use of any of the Content or the Website. YOUR USE OF THE WEBSITE, THE CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE.” NEITHER PACKHEALTH NOR ANY PERSON ASSOCIATED WITH PACKHEALTH MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER PACKHEALTH NOR ANYONE ASSOCIATED WITH PACKHEALTH REPRESENTS OR WARRANTS THAT THE WEBSITE, THE CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WESBITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
When you use the Website, any information that you submit will be transmitted via the Internet and such transmission is beyond our control. PACKHealth makes no warranty and expressly disclaims all warranties that the Website or the Content will be uninterrupted or error free, free of transmission errors, or free of viruses or other harmful components or programs. We do not assume any liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website. We do not assume any liability for loss or damage to your computer systems or networks as a result of your use of the Website. Electronic storage of and access to data is never 100% secure or guaranteed. WITHOUT LIMITING THE FOREGOING, PACKHEALTH WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
The advice, recommendations, information, and conclusions posted or emailed by other users of the Website are not in any way vetted, approved or endorsed by PACKHealth, and you use such information at your own risk.
PACKHealth’s sole obligation and liability for product defects shall be, at PACKHealth’s sole option, to (i) replace the defective PACK Kit or the defective portion of the PACK Kit or (ii) refund the amount you paid for the PACK Kit in the original form of payment. Any defects must be reported to PACKHealth within the return period. PACKHealth shall have no obligations under this warranty if the PACK Kit has been damaged by neglect, misuse, accident or modification. PACKHealth shall not be liable for defective PACK Kits in an aggregate amount in excess of the amount you paid for your PACK Kit.
EXCEPT FOR ANY WARRANTY THAT MAY BE EXPRESSLY SET FORTH IN THESE TERMS, PACKHEALTH MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH REGARD TO THE PACK KITS, AND PACKHEALTH EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULARLY PURPOSE AND NON-INFRINGEMENT.
Any limited warranty expressly set forth herein extends only to you, as the original purchaser of the PACK Kit and services from the Website, and it does not extend to any subsequent or other owner or transferee of the PACK Kit or any transferee or other beneficiary of the service.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL PACKHEALTH OR ITS LICENSORS, SERVICE PROVIDERS, AFFILIATES, OFFICERS, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OR THEIR RESPECTIVE SUCCESSORS OR ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER LOSSES, COSTS OR DAMAGES SUFFERED OR INCURRED AS A RESULT OF USE OF, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITE LINKED TO IT, THE CONTENT, THE PACK KITS, OR ANY OTHER INFORMATION OR MATERIAL ON THE WEBSITE OR IN THE PACK KITS OR SUFFERED OR INCURRED AS A RESULT OF FAULTS, INTERRUPTIONS, OR DELAYS IN THE USE OF THE WEBSITE, OR OUT OF ANY INACCURACIES, ERRORS, OR OMISSIONS IN THE CONTENT, OR ANY OTHER INFORMATION OR MATERIALS ON THE WEBSITE, REGARDLESS OF HOW SUCH FAULTS, INTERRUPTIONS, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISE, EVEN IF FORSEEABLE AND EVEN IF WE HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL PACKHEALTH BE LIABLE FOR ANY LOSSES OR DAMAGES, IN THE AGGREGATE, IN EXCESS OF THE LESSER OF (X) THE AMOUNT YOU HAVE PAID TO PACKHEALTH, IF ANY, FOR ACCESS TO THE WEBSITE IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LOSS OR DAMAGE OR (Y) TWENTY-FIVE DOLLARS (US $25.00), NOTWITHSTANDING ANY CLAIM THAT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE. If you are dissatisfied with any content, or any other materials or information provided on the Website or with the use of the Website, your sole and exclusive remedy is to leave and discontinue using the Website.
FURTHER, IN NO EVENT WILL PACKHEALTH BE LIABLE FOR ANY LOSSES OR DAMAGES ASSOCIATED WITH THE PACK KITS THAT ARE, IN THE AGGREGATE, IN EXCESS OF THE AMOUNT YOU PAID FOR PACK KITS.
If you cause a technical disruption of the Website, you are responsible for any and all liabilities, costs and expenses (including reasonable attorneys’ fees and costs of enforcement) arising from or related to that disruption. You agree to indemnify, defend, and hold harmless PACKHealth, its affiliates, licensors and service providers, and its and their respective officers, employees, contractors, agents, licensors, suppliers, subsidiaries, affiliates, directors, partners, managers, members, successors and assigns, from and against any and all third party actions, suits, claims or demands and any associated losses, expenses, damages, fees, costs and other liabilities (including reasonable attorneys’ fees), arising out of or relating to your use or misuse of any portion of the Website or the Content, or your violation of these Terms.
POSTED CONTENT STANDARDS
Certain portions of the Website allow you and other uses to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website. All User Contributions must comply with these Posted Content Standards.
Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. You represent and warrant (i) that you own or control all rights in and to your User Contributions and have the right to grant the license granted above to us and our licensees, successors and assigns and (ii) that all of your User Contributions do and will comply with these Terms.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not PACKHealth, have full responsibility for your User Contributions, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
These Posted Content Standards apply to any and all User Contributions and posts. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
MONITORING AND ENFORCEMENT BY PACKHEALTH
At all times, PACKHealth reserves the right, but assumes no obligation to, monitor User Contributions. PACKHealth reserves the right to: (a) take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including, without limitation, if we believe that such User Contribution violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for PACKHealth; (b) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; (c) remove or refuse to post any User Contributions for any or no reason in our sole discretion; (d) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; or (d) terminate or suspend your access to all or part of the Website for any or no reason.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND AGREE TO HOLD HARMLESS PACKHEALTH AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.
GOVERNING LAW / VENUE
This Agreement shall be governed by the laws of the State of Alabama and the applicable federal laws of the United States. You agree that all disputes arising under, or in any way connected with the Website, the Content, or the use thereof or your PACK Kit shall be litigated exclusively in the state and federal courts residing in the State of Alabama, United States, County of Jefferson, and in no other court or jurisdiction, except that you acknowledge that any breach or threatened breach of the Sections tilted “Content; Intellectual Property”, “Use of the Website” and “Links” cannot reasonably or adequately be compensated by damages in an action at law and that a breach or threatened breach of such provisions shall cause PACKHealth irreparable injury and damage, and PACKHealth shall be entitled, in addition to any other remedies it may have, to preliminary and permanent injunctive and other equitable relief to prevent or curtail any actual or threatened breach in any court of competent jurisdiction. Process may be served on you in the manner authorized by applicable law or court rule.
You irrevocably waive any right you may have to a trial by jury in the event of any dispute with PACKHealth, its officers, directors, employees, managers, members, contractors or agents arising out of or resulting from your use of the Website or the Content contained therein or your PACK Kit, and agree that any such claims shall be tried to a judge sitting without a jury.
LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE OR YOUR PACK KIT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
By using the Website, you represent and warrant that you (a) are at least 19 years of age, (b) possess the legal right and ability to agree to these Terms and to use the Website in accordance with these Terms, and (c) reside in the United States. If you do not meet all of these requirements, you must not access or use the Website.
CHANGES TO THE WEBSITE AND/OR THE TERMS
The Website and Content are subject to change in our sole discretion without prior notice. PACKHealth may revise and update these Terms from time to time, in our sole discretion. Notices of changes will be posted on the Website, and the changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your use of the Website or Content following a change in the Terms indicates your consent to the revised Terms and means that you accept and agree to the changes. You agree that we shall not be liable to you or any third-party for any modification to or discontinuance of any Content, features, services or information generally available on the Website or the Website itself. You are expected to check this page from time to time so that you are aware of any changes, as they are binding on you.
COPYRIGHT [Note to Draft: Consider specifically referencing the DMCA.]
We have adopted the following policy toward copyright and intellectual property infringement. The address of our Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is:
PACK Health, LLC
3613 6th Avenue South
Birmingham, AL 35222
If you believe that material residing on or accessible through the Website infringes your copyright or other intellectual property right, you may request removal of those materials (or access to them) from the Website by notifying PACKHealth notice of such infringement by sending a written notice of the infringement to the Designated Agent listed above. Please specify the type of infringement at issue in such notice, which must include the following information:
Once a proper notice is received by our Designated Agent, PACKHealth will investigate the allegations in the notice, and if appropriate, remove or disable access to the allegedly infringing material.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
PACKHealth complies with applicable Federal civil rights laws and does not discriminate on the basis of race, color, national origin, age, disability or sex. For further information on our nondiscrimination policies, please see our <<Notice of Nondiscrimination and Accessibility>>.
ATENCIÓN: si habla español, tiene a su disposición servicios gratuitos de asistencia lingüística. Llame al 1-205-xxx-xxxx.
주의: 한국어를 사용하시는 경우, 언어 지원 서비스를 무료로 이용하실 수 있습니다. 1-205-xxx-xxxx 번으로 전화해 주십시오.
PACKHEALTH, PACK, and PACK Kits are trademarks of PACKHealth, LLC. You agree not to display or use these trademarks in any manner without a prior, written permission from PACKHealth, LLC.
PACKHealth may assign the Website, the Content and its rights under these Terms at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer your rights under these Terms.
No waiver of by PACKHealth of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of PACKHealth to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.
If for any reason a court of competent jurisdiction finds any provision of the Terms or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Terms, and the remainder of these Terms shall continue in full force and effect.
For any questions or comments, or to report violations of these Terms contact us at:
PACK Health, LLC
3613 6th Avenue South
Birmingham, AL 35222