TERMS OF USE

The following terms and conditions govern all use of the myPatientMatch.com (the “Site”, the "Website") and all content, services and products available at or through the website. The Website is owned and operated by myPatientMatch (“myPatientMatch”, "myPatientMatch.com", formerly "HealClick" or "HealClick.com"). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, myPatientMatch's Privacy Policy) and procedures that may be published from time to time on this Site by myPatientMatch (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by myPatientMatch, acceptance is expressly limited to these terms.



MEMBERSHIP ELEGIBILITY

To become a patient member, myPatientMatch requires that you are a (a) diagnosed patient (b) patient caregiver or (c) guest authorized by an myPatientMatch employee.

To join Research.myPatientMatch as a researcher, myPatientMatch requires that you are an individual interested in patient-centered research. With a researcher membership, you will not have access to patient-only aspects of the website.

Children under the age of 13 are prohibited from registering as members. By registering as a member you represent that you are age 13 or older.



THIRD PARTY BENEFICIARIES:
MEDICAL CONTRIBUTIONS

All myPatientMatch users who post health data, health experiences, and responses to medical questions ("Medical Content") are intended third-party beneficiaries ("Medical Contributors") of this section of the Terms of Use. Medical content on this site are provided by Medical Contributors for informational purposes only.

myPatientMatch and Medical Contributors TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

In no event shall myPatientMatchor Medical Contributors be liable for any damages (including, without limitation, incidental and consequential damages, personal injury / wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not myPatientMatch or its Medical Contributors is advised of the possibility of such damages. Neither myPatientMatch nor the Medical Contributors are liable for any personal injury, including death, caused by your use or misuse of the Site or Content. myPatientMatch has provided certain disclaimer template language (below) that Medical Contributors may edit and incorporate in their medical content. Ethics rules rules differ by state, so we are not sure that this language will work for every attorney in every location -- especially since rules can change over time. Medical Contributors should edit or add to disclaimer language as necessary to comply with their own state's rules.

As always, we do not monitor or control the Content posted via the Service; the medical content and messages created by Medical Contributors are their sole creation and responsibility. We do not endorse or guarantee the completeness, truthfulness, accuracy, or reliability of any medical contributions or messages posted by Medical Contributors, nor do we endorse any opinions they express.



MEDICAL CONTENT

Content posted by Medical Contributors is not intended to be medical advice or instructions for medical diagnosis or treatment, and no physician-patient relationship is, or is intended to be, created by Content provided by Medical Contributors. If you think you may have a medical emergency, call your doctor or your local emergency number (911 in the United States) immediately.

1. Content is not a substitute for professional medical advice, examination, diagnosis or treatment.

2. You should not delay or forego seeking treatment for a medical condition or disregard professional medical advice based on Content.

3. You should always seek the advice of your physician or other qualified healthcare professional before starting or changing treatment.

4. Content should not be used to diagnose, treat, cure, or prevent disease without supervision of a doctor or qualified healthcare provider.

5. Content does not recommend or endorse any tests, physicians, products, procedures, opinions or other information.

6. Content is not regulated by the Food and Drug Administration or any state or national medical board.

7. Information posted to myPatientMatch or sent in a message to a Medical Contributor is not confidential and does not establish a physician-patient relationship without the express consent of the Medical Contributor.



RESPONSIBILITY OF CONTRIBUTORS

The Member Area includes community areas, such as discussions, reviews, and Member profiles, where members may post any information, text, graphics, or other materials (any such material, “Content”). If you are a member, you (or the author) owns the copyright in the Content, but you grant myPatientMatch and our affiliates a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute your Content in any and all media or distribution methods (now known or later developed), subject to the terms of the Privacy Policy. If the Content falls under "Community Data" (according to the terms of the Privacy Policy), myPatientMatch reserves the right to distribute excerpts or previews of the Content with all usernames or identifying information removed.

Your license to myPatientMatch includes the right for other Members to modify your Content, and for myPatientMatch to make your Content available to others for the publication, distribution, syndication, or broadcast of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by myPatientMatch or others may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available.

myPatientMatch may also modify your content at any time in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
1. the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
2. if your employer has rights to intellectual property you create, you have either
(i) received permission from your employer to post or make available the Content, including but not limited to any software, or
(ii) secured from your employer a waiver as to all rights in or to the Content;
3. you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
4. the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
5. the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
6. the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
7. the Content does not create an impression that you know is incorrect, misleading, or deceptive, including by impersonating others or otherwise misrepresenting your affiliation with a person or entity;
8. the Content does not contain other people's private or personally identifiable information without their express authorization and permission;
9. the information you provided when registering as a member, and all information that you subsequently provide regarding yourself and your membership, is true and accurate and not misleading.
10. the Content does not constitute a personal attack on another member or contain criticism of another member.
11. the Content does not contain repetitive pushing of unsolicited treatments or theories about illness in response to other members.

Without limiting any of those representations or warranties, HealClick has the right (though not the obligation) to, in HealClick’s sole discretion (i) refuse or remove any content that, in HealClick’s reasonable opinion, violates any HealClick policy or is in any way harmful or objectionable or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in HealClick’s sole discretion.



RESPONSIBILITY OF VISITORS

myPatientMatch has not reviewed, and cannot review, all of the material posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, myPatientMatch does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful.

You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. HealClick disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted. We encourage you to notify us of inappropriate or illegal content and we reserve the right to remove postings for any reason.

No Interference with Operation of Site: You may not use any robot, spider, scraper, or other automated means to access the Site or content or services provided on the Site for any purposes. You may not post content on the Site that contains any viruses, Trojan horses, worms, time bombs, spiders, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You shall not attempt to make the Site unavailable through denial-of-service attacks or similar means. You shall not use contact information provided by members, or collect information about our members, to facilitate the sending of unsolicited bulk communications such as SPAM or SPIM or allow others use of your membership account to take such actions.



SITE FOR NON-COMMERCIAL USE ONLY

myPatientMatch is for personal use. Professional or commercial use of myPatientMatch is prohibited. You cannot use the Site to sell products, advertise any businesses you are affiliated with, or promote personal fundraisers.



PRIVACY

You agree that you have read, understood and accept myPatientMatch's Privacy Policy. This policy explains myPatientMatch's collection of personal and medical data from you when using the Site and our using and sharing of these data.



DIGITAL MILLENNIUM COPYRIGHT ACT

As myPatientMatch asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by myPatientMatch.com violates your copyright, you are encouraged to notify myPatientMatch in accordance with myPatientMatch’s Digital Millennium Copyright Act (“DMCA”) Policy. myPatientMatch will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. myPatientMatch will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of myPatientMatch or others. In the case of such termination, myPatientMatch will have no obligation to provide a refund of any amounts previously paid to myPatientMatch.

If a User Submission that you submitted has been removed as a result of a notification as described above and you believe that such a User Submission or portion of a User Submission was posted lawfully, please contact us about our counter-notification procedure through which you can dispute the allegation and request re-posting of the User Submission content at issue.



INTELLECTUAL PROPERTY

This Agreement does not transfer from myPatientMatch to you any myPatientMatch or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with myPatientMatch. myPatientMatch, myPatientMatch.com, the myPatientMatch.com logo, and all other trademarks, service marks, graphics and logos used in connection with myPatientMatch.com, or the Website are trademarks or registered trademarks of myPatientMatch. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any myPatientMatch or third-party trademarks.



MEMBER PASSWORD, LOGIN IDENTITY

You are responsible for maintaining the confidentiality of your member password and login, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your membership privileges may be suspended temporarily or terminated. You agree to immediately notify myPatientMatch of any unauthorized use of your membership password or login or any other breach of security.



LINKS TO OTHER WEBSITES

myPatientMatch may contain links to other websites that are not under the control of myPatientMatch. The inclusion of any link does not imply endorsement by myPatientMatch of such site and myPatientMatch is not responsible for the content of such linked sites. myPatientMatch may add affiliate links for non-prescription health products. This means that if you click on an affiliate link, and then purchase a product or service on that external site, we may receive an affiliate commission. myPatientMatch is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to (“your website name” (amazon.com, or endless.com, MYHABIT.com, SmallParts.com, or AmazonWireless.com).



MEMBERSHIP TERMINATION

myPatientMatch employs a 3-strike policy for terminating membership. A strikes constitutes a violation of any items listed under Responsibility of Contributors. The first strike will result in a warning. The second strike will result in a temporary suspension of account access. The third strike will result in a permanent termination of membership.

However, under certain unprecedented circumstances, myPatientMatch may skip the 3-strike policy and terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.



MODIFICATIONS TO THIS AGREEMENT

We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this Site. We encourage you to review this Agreement periodically for any updates or changes, which will have an update effective date.



FEES

Membership is currently free. myPatientMatch reserves the right to from time to time change the terms of this Agreement and including membership fees and membership structure.



DISCLAIMER OF WARRANTIES

The Website is provided “as is”. myPatientMatch and its partners, contributors, agents, employees, directors, or affiliates, hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither myPatientMatch nor its partners, contributors, agents, employees, directors, or affiliates, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.



LIMITATION OF LIABILITY

Under no circumstances shall myPatientMatch, its partners, contributors, agents, employees, directors, or affiliates be liable for any indirect, incidental, special, or consequential damages (even if it has been advised of the possibility of such damages) due to your use of this site or due to your reliance on any of the content contained or the services provided on the site.



INDEMNIFICATION

You agree to indemnify and hold harmless myPatientMatch, its partners, contributors, agents, employees, directors, or affiliates, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.



GENERAL REPRESENTATION
AND WARRANTY

You represent and warrant that (i) your use of the Website will be in strict accordance with the myPatientMatch's Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.



INTERNATIONAL USERS

myPatientMatch makes no claims that information on the Site is appropriate or may be downloaded outside of the United States. Personal information (“Information”) that is submitted to this Site will be collected, processed, stored, disclosed and disposed of in accordance with applicable U.S. law and our Privacy Policy. If you are a user outside of the United States, you acknowledge and agree that myPatientMatch may collect and use your Information and disclose it to other entities outside your resident jurisdiction. In addition, such Information may be stored on servers located outside your resident jurisdiction. United States law may not provide the degree of protection for Information that is available in other countries. By providing us with your Information, you acknowledge that you consent to the transfer of such Information outside your resident jurisdiction as detailed in our Privacy Policy. If you do not consent to such transfer, you may not use this Site.



MEMBER NOTICES

If you register as a member, you agree that myPatientMatch may send notices to you by email at the email address you provide when registering to become a member (or which you later update using the functionality of the Site).



MISCELLANEOUS TERMS

myPatientMatch may assign this agreement 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 this agreement.

This Agreement constitutes the entire agreement between myPatientMatch and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of myPatientMatch, or by the posting by myPatientMatch of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Nevada, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Las Vegas, Nevada. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Las Vegas, Nevada, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; myPatientMatch may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.


For more information, please review our Privacy Policy