1. Your Agreement with 123MyMD.com

Your use of 123MyMD.com is governed by this agreement. “123MyMD.com” refers to 123MyMD L.L.C., P.O. Box 801, Bala Cynwyd, PA 19004, United States.

 

2. Not Medical Advice; U.S. Use Only

123MyMD.com and its services are for informational purposes only and are not a substitute for professional medical or health advice, examination, diagnosis, or treatment. Always seek the advice of your physician or other qualified health professionals before starting any new treatment, making any changes to existing treatment, or altering in any way your current exercise or diet regimen. Do not delay seeking or disregard medical advice based on information on this site. Medical information changes rapidly and while 123MyMD.com and its content providers make efforts to update the content on the site, some information may be out of date. No health information on 123MyMD.com, including information about herbal therapies and other dietary supplements, is regulated or evaluated by the Food and Drug Administration and therefore the information should not be used to diagnose, treat, cure, or prevent any disease without the supervision of a medical doctor. Call 911 or your doctor for all medical emergencies.

 

3. Your Account and Use of 123MyMD.com

You must provide accurate and complete registration information any time you register to use 123MyMD.com. You are responsible for the security of your passwords and for any use of your account. Your use of 123MyMD.com and any content accessed through 123MyMD.com must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software. You must be at least 18 years old to use 123MyMD.com.

 

4. Use of Your Information

If you create, transmit, or display health or other information while using 123MyMD.com, you may provide only information that you own or have the right to use. When you provide your information through 123MyMD.com, you give 123MyMD, L.L.C. a license to use and distribute it in connection with 123MyMD.com and other 123MyMD L.L.C. services.

 

5. Additional Terms

Your use of 123MyMD.com and any content accessed through 123MyMD.com is subject to each of the additional terms provided in connection with 123MyMD.com, including the 123MyMD.com Policy.

 

6. Content and Services Accessed Through 123MyMD.com

123MyMD.com may include content that you find offensive, including health-related content that is sexually explicit. 123MyMD L.L.C. may make third-party services available through 123MyMD.com. In order to use a specific service, you may choose to allow the third-party service provider to retrieve, provide, and/or modify health and other information in your account or otherwise share your information with the service provider. Once you enable a specific third-party service provider to access your account, the service provider may continue to access your account until you affirmatively disable access. Third-party service providers include both health care providers and other entities. It is your sole responsibility to review and approve each such third-party service before sharing your information through or otherwise accessing it. 123MyMD L.L.C. may screen, modify, refuse, or remove certain content or third-party services, but is not responsible for and does not endorse any third-party content or services. 123MyMD L.L.C. further does not endorse any third-party service providers, other health care providers, products, services, opinions, or web sites accessed through 123MyMD.com. Use of these services and reliance on this content is solely at your own risk. 123MyMD L.L.C. may not be held liable for any damages arising out of or related to your use of any third-party service or content. Providers of these third-party services and/or content are My 123MyMD L.L.C.’s “Licensors”.

 

7. 123MyMD L.L.C. Proprietary Rights

123MyMD L.L.C. and its Licensors own all proprietary rights to 123MyMD.com. 123MyMD L.L.C. gives you a personal, revocable, non-assignable, and non-exclusive license to use 123MyMD.com.

 

8. Modification and Termination Of 123MyMD.coms

123MyMD L.L.C. may place limits on, modify, suspend or terminate 123MyMD.com generally, and may suspend or terminate your use 123MyMD.com if you fail to comply with this agreement. This suspension or termination may delete your information, files, and other previously available content. If 123MyMD L.L.C. terminates 123MyMD.com or your use of 123MyMD.com, this agreement will also terminate, but Sections 3, 5, 7, 8, and 9-12 shall continue to be effective after this agreement is terminated.

 

9. Indemnification

You will defend or settle any third-party claim against 123MyMD, L.L.C., any third party 123MyMD.com feature providers, or any of 123MyMD L.L.C.’s other licensors arising out of or related to your use of 123MyMD.com.

 

10. Exclusion of Warranties

Neither 123MyMD L.L.C. nor any of 123MyMD L.L.C.’s licensors make any express warranties, and each of them disclaims all implied warranties, including implied warranties of accuracy, merchantability, fitness for a particular purpose, and non-infringement. Neither 123MyMD L.L.C. nor of any of 123MyMD L.L.C.’s licensors make any warranty that the content in 123MyMD.com satisfies government regulations requiring disclosure if information on prescription drug products. Content in 123MyMD.com is developed for use in the United States, and neither 123MyMD L.L.C. nor any of 123MyMD L.L.C.’s licensors make any representation concerning the content when used in any other country.

 

11. Limitation of Liability

Neither you nor 123MyMD L.L.C. or any of its licensors may be held liable under this agreement for any damages other than direct damages, even if the party knows or should know that other damages are possible or that direct damages are not a satisfactory remedy. The limitations in this section apply to you only to the extent they are lawful in your jurisdiction. Neither you nor 123MyMD L.L.C. or any of its licensors may be held liable under this agreement for more than $1,000.The limitations of liability in this Section do not apply to breaches of intellectual property provisions or indemnification obligations.

 

12. General Legal Terms

If you have not signed a separate written agreement with 123MyMD L.L.C. related to 123MyMD.com, this agreement is the entire agreement between you and 123MyMD L.L.C. related to 123MyMD.com, replacing any prior agreements. If there is any conflict between this agreement and a signed written agreement between you and 123MyMD L.L.C. related to 123MyMD.com, the signed written agreement will control. 123MyMD L.L.C.’s Licensors may be third party beneficiaries to this agreement. There are no other third party beneficiaries to this agreement. The parties are independent contractors, and nothing in this agreement creates an agency, partnership, or joint venture. If 123MyMD L.L.C. provides you with a translation of the English language version of this agreement, the English language version of this agreement will control if there is any conflict. Failure to enforce any provision will not constitute a waiver of that provision. If any provision is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision’s essential purpose. This agreement is governed by Pennsylvania law, excluding Pennsylvania’s choice-of-law rules. The exclusive venue for any dispute relating to this agreement is Montgomery County, Pennsylvania. You and 123MyMD L.L.C. consent to the personal jurisdiction of these courts. Nothing in this agreement limits either party’s ability to seek equitable relief.

 

(February 19, 2013)