Terms and Conditions
1. TERMS AND CONDITIONS - GENERAL
Capitalized terms used in this Agreement are defined in this Section 1 or the Section in which they are first used:
1. This web site (the "Site") is provided by Universal Medical Data, LLC, (“UMD”) conditional on your acceptance of the terms and conditions of use set forth below (the "Terms and Conditions"). By visiting or using this Site (collectively, "Site”), including without limitation to access, use, and/or download messages, information, data, text, software or images, or other Content from this Site, or to send messages, information, data, text, software or images, or other Content to the Site, (collectively, the "Content"), you agree on your own behalf, and on behalf of any entity on whose behalf you may act, to accept and abide by the Terms and Conditions for each use. If you do not agree to abide by these Terms and Conditions, you should discontinue use of the Site.
2. UMD has the right, in its sole discretion, to add to, remove, modify or otherwise change any part of the Terms and Conditions, in whole or in part, at any time. Changes will be effective when notice of such change is posted at this Site. If any term, condition or any change thereto is not acceptable to you, you must discontinue your use of this site immediately. Your continued use of this Site after any such changes are posted will constitute acceptance of those changes.
3. These Terms and Conditions apply exclusively to your use of this Site and do not alter the terms or conditions of any other agreement you may have with UMD.
2. USE OF SITE
By using this website you understand and agree to the following:
1. This website is provided for information purposes only. As the information provided herein is not provided, checked, viewed or verified by Universal Medical Data or any of its associated websites, it cannot guarantee its accuracy and is not responsible for any errors or omissions, nor will it be held liable or responsible for any damages whatsoever or howsoever caused in connection with the use of this website or the information contained herein.
2. As a health professional, by entering or using this website and reading this material, you agree to be solely responsible for evaluating the accuracy, completeness and value of the content held or viewed within this website. For the purposes of this Agreement, a health professional is an individual accessing the Site for the purposes of providing medical treatment to a site member. You are encouraged to confirm the information contained therein with other sources. No action should be taken or treatment given solely on the contents contained within this website and no information contained herein is intended to diagnose, treat, cure or prevent any medical condition.
3. As a site member, by entering this website and reading this material, you agree to be solely responsible for the accuracy, completeness, legality and value of the content that you freely enter into this website. You also agree that you shall not enter any information that you would not wish to be in the Public Domain. You should take every care and precaution to enter correct information with particular attention to drug, food and insect allergies, medications, dosages and frequency and you are advised to review the information carefully with your professional health care provider. You agree that it is your sole responsibility to keep all information that you have entered, up to date and current. You agree that it is your responsibility to download and save the most current version of your Personal Health Records and to carry this information with you on the devices provided to you by UMD. The information you enter is not intended to replace medical advice offered by physicians. You agree to only enter, and take full responsibility for, correct and relevant information that you yourself deem necessary and would wish to be freely available for use within an emergency situation. This website and its contents are not to be used for any other purposes other than which it is intended for, and is not intended to store your complete medical records. You also agree to only enter relevant information about yourself; however, you may complete information on another person's behalf if you are their legal Parent, Guardian, Caregiver, or Representative. By voluntarily entering information into the website, you are explicitly authorizing access to the information to those individuals you have designated and to any health care provider, emergency personnel, or any other person who possesses your subscriber access number.
3. PAYMENT TERMS
You authorize UMD to prepare, complete and submit sales voucher(s) and to debit the credit card you provided in the website Shopping Cart in order to recover all charges and amounts due and owing to UMD under this Agreement. Some of the products and services UMD provides are based upon an annual subscription and annual renewal rates. You authorize UMD to process these charges, whether individual or multiple products or annual and renewal subscriptions against the credit card provided at the time of purchase. If you have authorized multi-annual renewals to this subscription, UMD will bill against the specified credit card on the subsequent anniversary dates of the agreement. If the credit card or debit card specified in the Subscription Form is cancelled you will within seven days of receiving a request from UMD, supply UMD the details of an alternative credit or debit card, and sign all requisite forms to enable any alternative credit or debit card to be debited by UMD.
Some of our charges are set out in the Subscription Form. All charges payable by you to UMD under this Agreement include sales tax, if applicable. You shall pay all charges and other sums due to UMD without deduction or set-off. You shall be liable to pay costs on an indemnity basis in the event that UMD institutes legal proceedings to recover our charges or other sums due to UMD from you.
4. MEMBERSHIP / SUBSCRIBER TERMS
The term of your membership is for a minimum of one (1) year (365 days) from the date of joining. Additional membership years may be purchased at any time. The membership entitles you to have your own database on the website with a user name and password of your choice. A unique subscriber number and PIN is generated by the website. Should the need arise; this subscriber number and PIN enables emergency personnel to access a designated website page containing health information pertaining to that member. Your Personal Health Record may also be accessed by phone and supplying the emergency call center with the subscriber number or by viewing on a readable device carried on the person of the member. The member has selected the information to be viewed. This website page is called the Personal Health Records. This page can only be altered by the member.
The membership includes a choice of several readable USB Devices, Medical Jewelry, Med-Info Card, and Window Decals, which contains information in order the access records from the website. The membership also includes areas where the member may enter and track more in-depth specific health data for their personal use.
The membership with the Informer™ product also includes up to four (4) sub-accounts to be assigned by the subscriber. These accounts are limited by design but do allow the subscriber to input and retrieve critical information of the sub-accounts.
Should your membership lapse, unless UMD receives written notification to the contrary, your database account will remain open and will be available for emergency personnel to gain access for 30 days following expiration of your membership. Your database account and all personally identifiable information will be deleted and no longer accessible to you or anyone else after the 30 day period expires.
5. RETURNS, EXCHANGE, CANCELLATION
If you are not satisfied for any reason you may return the items within 7 days and receive a full refund of any monies paid, less special charges, shipping and handling. If your medical ID is personally engraved and cannot be reused, a return fee equal to your cost of engraving plus the cost for the engraved piece is applied against the total product amount of your returned item. All refunds will be credited by the original method of payment. Refunds will be processed within three weeks once the product has been received. The customer is responsible for return shipping expenses.
Exchanges can be made only to those items that are unopened and unused and those which are not personalized and engraved. To request an exchange of an item please email us at email@example.com or call our office at (800) 319-0199. Be sure to include your order number.
Orders may be cancelled within 24 hours by emailing your request to firstname.lastname@example.org or by calling UMD Customer Service at (800) 319-0199. Be sure to include your order number.
6. REGISTRATION AND PASSWORD
Certain restricted areas of the Site, such as “Customer Log In” may require that you register in order to access such areas. You are responsible for maintaining the confidentiality of your registration information (including without limitation and as applicable, any log-in or password), and for all uses of your registration information, whether or not authorized by you. You agree to immediately notify UMD of any unauthorized use of your registration information or of any other breach of security of which you are aware. UMD will not be liable for any loss or damage to your database account arising from your failure to comply with this section of the Agreement.
7. CHANGES TO SITE
UMD may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of this Site, including (i) changing the availability of, restricting access to, or imposing limits on any or all features or services on, or links to, the Site (ii) adding, removing or changing any fees or charges for use of the Site or any other Site-related services (the "Services") or any features thereof; (iii) removing, adding, modifying or otherwise changing any Content on this Site. UMD reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this Site at any time without notice, but confirms that it has no duty to do so.
8. PROHIBITED USE
You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not UMD, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via your UMD database account or Personal Health Record. UMD does not control this Content and, as such, does not guarantee the accuracy, integrity or quality of such Content.
You may not, nor may you allow others to, directly or indirectly:
1. remove, from any copy of the Content, the copyright or other proprietary notices contained in the Content; sell, modify or attempt to modify the Content in any way or reproduce or publicly display, perform, or distribute or otherwise use any Content for any public, commercial, or non-educational or non-personal purpose, including without limitation use of the Content on any other web site; or transfer any of the Content to any other person without the prior written consent of UMD;
2. print, copy or use any of the HTML code or other computer software that is accessible at this Site;
3. use this Site in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, this Site or any services, system resources, accounts, servers, networks, affiliated or linked sites, connected to or accessible through this Site (including without limitation uploading, posting or otherwise transmitting on this Site computer viruses, Trojan horses, worms or other files or computer programs which are potentially harmful, disruptive or destructive or that may impose an unreasonable or disproportionately large load on this Site's infrastructure; or using any robot, spider, scraper or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the Content in whole or in part);
4. create or use a false identity on this Site, or impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity; or attempt to obtain unauthorized access to this Site; or send to this Site or UMD any incomplete, false or inaccurate information; or
5. disrupt or interfere with any other person's use or enjoyment of this Site or affiliated or linked sites, or any services thereof; or delete or revise any Content posted on this Site; or
6. intentionally or unintentionally violate any applicable local, state, national or international law;
7. upload, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or
8. upload, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party.
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Site, and that you will comply with all laws that apply or may apply to your use of or activities on this Site or in respect of the Content. UMD will investigate occurrences which may involve violations of such laws, and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. UMD reserves the right at all times to disclose any information regarding your usage of the Site as necessary to satisfy any law, regulation or governmental request or as provided for by the requirements of the UMD Privacy Statement.
9. LINKS AND DISCLAIMERS OF LINKED SITES
Certain links on this Site may take you to other web sites. UMD provides these links only as a convenience. These linked sites are not necessarily under the control of UMD. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements.
UMD tries to ensure that this Site only links to sites that share our high standards of decency, fairness, and integrity. UMD is not responsible for the privacy practices or contents of any such linked pages or any other pages not under its control. UMD makes no representation or warranty regarding linked sites. UMD does not endorse, any linked web sites, the information appearing thereon or any of the products or services described. You further acknowledge and agree that UMD 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 or through any such site or resource.
Links do not imply that UMD sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trade mark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trade mark, trade name, logo or copyright symbol of UMD. You agree that you shall not point or link from a site directly to content within this Site without the express prior written permission of UMD. UMD reserves the right to disable links from third party sites to this Site.
UMD makes reasonable efforts to ensure that the content it provides on the site is accurate and current. However, you acknowledge that:
1. UMD makes no representation or warranty of any kind regarding the Site or the Content, and each Service, including without limitation as to the truthfulness, accuracy, reliability, currency, veracity or completeness of the Content or about the results to be obtained using the Content or any Service;
2. Although UMD has provided redundancies to ensure operations at all times, UMD makes no representation or warranty of any kind regarding the continual performance and operation of such devices or services beyond the reasonable control of UMD. Such devices or services may include, but not limited to, internet connections, internet website servers and telephone communications.
3. The contents of the Site, including any medical information, are provided for informational and educational purposes only, are not intended to provide medical advice, and should not be relied upon in that regard;
4. You will be solely responsible for any Content you provide the Site or otherwise provide to UMD, including without limitation for its truthfulness and accuracy;
5. The Site, the Content, and each Service are provided on an "AS IS" basis; and that any use of or reliance on this Site or any Content shall be at your sole risk; and
6. You are solely responsible for safeguarding your own computing environment and that you are solely responsible for safeguarding any personal or medical information you access on, or download from this Site.
UMD AND ITS AFFILIATES DO NOT MAKE ANY, AND EXPRESSLY DISCLAIM ALL, REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR ANY IMPLIED REPRESENTATIONS OR WARRANTIES UNDER OR IN CONNECTION WITH THIS SITE, ANY CONTENT AND THE SERVICES. FOR GREATER CERTAINTY, UMD DOES NOT WARRANT THAT THIS SITE WILL CONTINUE TO OPERATE, OPERATE WITHOUT INTERRUPTIONS OR BE ERROR-FREE.
12. LIMITATION OF LIABILITY
YOU AGREE THAT IN NO EVENT WILL UMD OR ANY OF ITS AFFILIATES HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH THIS SITE FOR ANY LOSS OR DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL BASIS, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSS OR DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUMDINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS, LOSS OF REVENUE, LOSS OF GOODWILL), ARISING FROM OR IN CONNECTION WITH THE UMDE OF OR ACCESS TO, OR ANY INCONVENIENCE, DELAY OR LOSS OF UMDE OF OR ACCESS TO, THIS SITE, THE CONTENT, ANY CONTENT OR ANY LINKED WEB SITE, OR FAILURE OF SUCH WEB SITES, (INCLUDING WITHOUT LIMITATION ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH WEB SITES, CONTENT OR CONTENT, OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM SUCH WEB SITES) EVEN IF UMD OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR IF SUCH DAMAGE OR LOSS WAS FORESEEABLE.
You agree to defend, indemnify and hold harmless each of UMD, its affiliates, and each of their officers, directors, employees and agents, including all third parties mentioned at the Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site, the Content and the Services, or your breach of the Terms and Conditions.
14. CHOICE OF LAW
This Site is controlled, operated and administered by UMD from its offices in Scottsdale, Arizona, U.S.A. By accessing this Site, you agree that all matters relating to the access to, or use of, this Site shall be governed by the laws of the County of Maricopa, City of Scottsdale and the state of Arizona, without reference to its conflict of laws principles, and that you will comply with all such applicable laws.
15. FORCE MAJEURE
No party shall be considered in default in the performance of its obligations under this Agreement or be responsible for any delay in the carrying out of such obligations, if the performance thereof is prevented or delayed wholly or in part as a consequence of any cause beyond the reasonable control of the party affected.
16. FORBEARANCE OR WAIVER
No forbearance or indulgence by either party in enforcing any term or condition of this Agreement shall prejudice or restrict such party's rights under this Agreement and no waiver of any breach shall operate as a waiver of any subsequent or continuing breach of such term or condition.
17. ENTIRE AGREEMENT
This Agreement together with the Subscription Form represent the entire understanding between the parties in relation to the subject matter of this Agreement and supersedes all other agreements and representations made by either party, whether oral or written and this Agreement may only be modified if such modification is in writing and signed by a duly authorized representative to each party hereto.
Any cause of action you may have with respect to your use of this Site or which is the subject of the Terms and Conditions must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Terms and Conditions or 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 Conditions, and the remainder of the Terms and Conditions shall continue in full force and effect. The relationship of the parties is solely that of independent contractors and neither party shall have any authority to act for or bind the other party. No waiver of any provision herein shall be valid unless in writing and signed by an authorized representative of both you and UMD. Any UMD failure to insist upon or enforce strict performance of any provision of the Terms and Conditions or any right shall not be construed as a waiver of any such provision or right. No changes to the Terms and Conditions shall be made except by a revised posting on this page.