CANCER SYMPTOM TRACKER TERMS OF SERVICE
Please read these terms of service carefully (“Terms”). These Terms provided by Pharmacy Quality Solutions (“PQS”) govern and apply to your access and use of http://CancerSymptomTracker.com (the “Website”) and the Cancer Symptom Tracker mobile apps (collectively, the “Service”). By accessing or using our Service, you agree to be bound to all of the terms and conditions described in these Terms. If you do not agree to all of these terms and conditions, do not use our Service.
IMPORTANT!!! THE SERVICE IS INTENDED SOLELY AS A TOOL TO ASSIST YOU IN ORGANIZING, UNDERSTANDING AND MANAGING HEALTHCARE-RELATED INFORMATION. THE SERVICE IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT PROVIDE HEALTH OR MEDICAL ADVICE OR CREATE ANY PATIENT RELATIONSHIP BETWEEN PQS AND YOU, AND THE SERVICE IS NOT INTENDED FOR SUCH PURPOSES. IN ADDITION, THE SERVICE IS NOT AND SHOULD NOT BE CONSIDERED OR OTHERWISE VIEWED AS A REPLACEMENT FOR CONSULTATION WITH A HEALTH CARE PROFESSIONAL. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY OR OTHERWISE AVOID SEEKING MEDICAL ADVICE BECAUSE OF SOMETHING YOU HAVE SAW ON THE SERVICE OR THE RESULTS YOU RECEIVE THROUGH THE SERVICE. YOU SHOULD NOT RELY ON THE SERVICE FOR ANY CONDITION, ESPECIALLY ONE THAT IS LIFE-THREATENING, OR ANY OTHER SITUATION WHERE TIMELY TREATMENT AND/OR THE ADMINISTRATION OF MEDICATIONS OR OTHER SERVICES IS CRITICAL.
- USE OF THE SERVICE
PQS allows you to access and use the Service through our mobile apps (each an “App”). Via the Services, we offer, among other things, a convenient way to schedule medical appointments, respond to health assessments, or keep track of your use of prescription medications (“Medications”), supplements and vitamins. You must be at least 18 years of age in order to use the Service and/or use the App.
As long as you comply with these Terms, you have a limited, personal, non-exclusive, and non-transferable license to download and install a copy of the App to your mobile device, and to access and use the Service, for your personal and informational use only. You have no other rights in the Service and you may not: (i) copy, modify or distribute the App for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the App or the Service to any third party; (iii) decompile, reverse-engineer, disassemble, or create derivative works of the App or the Service; (iv) make the functionality of the App or the Service available to multiple users through any means; or (v) use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms. Unfortunately, if you breach any of these Terms the licenses granted in these Terms will terminate automatically and you must immediately destroy any downloaded or printed materials obtained as a result of your use of the Service.
Our Service may change from time to time and/or we may stop (permanently or temporarily) providing the Service (or features within the Service), possibly without prior notice to you. Our Service may include advertisements, which may be targeted to the content or information on the Service, queries made through the Service, or from other information. The types and extent of advertising on the Service are also subject to change over time. In consideration for providing you the Service, you agree that we and our third party providers and partners may place advertising on our Service or in connection with the display of content or information on our Service, and that we may receive remuneration for placing such advertising.
- CREATING A CANCER SYMPTOM TRACKER ACCOUNT
While you may access the Website, in order to use the Service you must register and create an account ( “Account”). You represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. When creating an Account, don’t provide any false personal information to us or create any account for anyone other than yourself without such other person’s permission.
We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or that violates our Terms or if you have created more than one Account.
You are responsible for maintaining the confidentiality of your password and Account, and agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for activities that occur under your Account.
Please note that we cannot guarantee the security or privacy of information you send to us via the internet or wireless connection (for example, via email messages). You agree to accept responsibility for all activities that occur under your account or under your control. Unless you have otherwise provided express consent to another person (e.g. a family member), you will not permit or enable someone else to access the Service using your account username, password, or other security information. If you access your account from a public or shared computer, you should exercise caution to ensure your account information is not saved or retrievable on the shared device. You may not impersonate someone else or provide an email address other than your own. If you have reason to believe that your account or information you shared with us is not secure, then you should promptly change your login information and notify us support@CancerSymptomTracker.com.
- CANCER SYMPTOM TRACKER Incentive Programs
In connection with the Service, we may make available one or more incentive programs (collectively, “Incentive Programs”), where you are (a) eligible for (1) prizes and promotions (“Prizes”), and (2) able to redeem certain rewards in connection with your accrual of points that you may earn by using the Service (“Points”). Prizes associated with user engagement (e.g. the first 200 users get a t-shirt, 7 days of a certain level of engagement get 1 Audible, etc.) are based solely on our review of data. Terms for all non-engagement Prizes vary and information will be posted on any separate terms. Points can be accumulated by engaging in certain actions via the Service, such as when you schedule an appointment through Cancer Symptom Tracker. Points are digital items only, and regardless of the terminology used, have no cash value and may never be redeemed for “real world” money. Your right to use any Points that you obtain is limited to a non-exclusive, non-transferable, non-sublicenseable, revocable right to use such Points solely in connection with our Incentive Programs. Except for the limited rights described herein, you have no property interest or right or title in or to any such Points, which remain the exclusive property of PQS. The scope, variety and type of Points that you may obtain can change at any time. PQS has the absolute right to manage, regulate, control, modify or eliminate such Points as it sees fit in its sole discretion, and PQS will have no liability to you or any third party for the exercise of such rights.
Except where explicitly authorized within the Service, (i) transfers of Prizes and Points are strictly prohibited; (ii) outside of the Service, you may not buy or sell any Prizes or Points for “real world” money or otherwise exchange items for value; and (iii) PQS does not recognize any such purported transfers of Prizes or Points, nor the purported sale, gift or trade in the “real world” of anything that appears in the Service. Any attempt to do any of the foregoing is a violation of these Terms and will result in an automatic termination of your rights to use the Prizes or Points and may result in termination of your Account, a lifetime ban from the Service and/or possible legal action. All unclaimed Prizes and Points are forfeited if your Account is terminated or suspended for any reason, in PQS’ sole and absolute discretion, or if PQS discontinues providing the Service.
Other Restrictions: In order to participate in any Incentive Programs, you may not be listed on any United States Government list of prohibited or restricted parties. You also must be able to represent and warrant that you are not subject to backup withholding tax because you are exempt from backup withholding or because you have not been notified by the Internal Revenue Service (IRS) that you are subject to backup withholding as a result of failure to report all interest or dividends, or because the IRS has notified you that you are no longer subject to backup withholding. The Company is required by law to report all Prizes and Points paid out and will provide a 1099 Misc. at the end of the year to you detailing what prizes were awarded to you to the IRS.
- THIRD-PARTY CONTENT
Via the Service, we may provide you with access to third-party content, such as information regarding Medications, news articles, and other content. PQS HEREBY DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY SUCH THIRD PARTY-CONTENT. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT SUCH THIRD PARTY-CONTENT IS FOR INFORMATIONAL PURPOSES ONLY. YOUR PERSONAL HEALTHCARE-RELATED SITUATION IS PERSONAL TO YOU, AND THE THIRD-PARTY CONTENT MAY NOT BE APPROPRIATE OR RELEVANT FOR YOUR PERSONAL SITUATION. AS STATED ABOVE, THE SERVICE IS NOT INTENDED TO PROVIDE HEALTH OR MEDICAL ADVICE, AND BEFORE MAKING ANY DECISIONS THAT MAY AFFECT YOUR HEALTH, YOU SHOULD CONSULT A HEALTHCARE PROFESSIONAL.
- CONTENT SUBMISSIONS
Our Service allows users with the opportunity to post, link, store, share and otherwise make available certain information, images, videos, text and/or other content (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness. By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, sell and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
When submitting Content to or otherwise using the Service, you agree not to:
- submit material that violates a third party’s proprietary rights, including privacy and publicity rights, or that otherwise violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other applicable law (“Applicable Law”);
- submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
- impersonate another person or entity or otherwise misrepresent yourself as affiliated with us, our staff or other industry professionals, or any other person or entity;
- publicly display, publicly perform, reproduce, or distribute any part of the Services inconsistent with these Terms;
- use such submission to obscure or otherwise attempt to gain unauthorized access to any portion of the Website, computer systems, or networks connected to the Website or Service, whether through hacking, password mining, or any other means; or
- harvest user names, addresses, or email addresses for any purpose.
This list is an example and is not intended to be complete or exclusive. We don’t have an obligation to monitor your access to or use of the Service or to review or edit any Content, but we have the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms, or to comply with Applicable Law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any Content, that we consider, in our sole discretion, to be in violation of these Terms or otherwise harmful to the Service.
We also reserve the right to suspend or terminate your Account and your use of the Service at any time in case of violation by you of these Terms or if PQS discontinues providing the Service for any reason.
- UNAUTHORIZED ACTIVITIES
Our Service may be used and accessed for lawful purposes only. You agree that you will not do any of the following while using or accessing the Service: (i) attempt to access or search the Service or download Content from the Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third party web browsers; (ii) access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers; (iii) gather and use information, such as other users’ names, real names, email addresses, available through the Service to transmit any unsolicited advertising, junk mail, spam or other form of solicitation; (iv) use the Service for any commercial purpose or for the benefit of any third party or in any manner not by these Terms; (v) violate any Applicable Law; or (vi) encourage or enable any other individual to do any of the foregoing. We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
- APP PROVIDER TERMS
The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:
- These Terms are concluded between you and PQS, and not with the App Provider, and that PQS (not the App Provider), is solely responsible for the App.
- The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
- In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and to the maximum extent permitted by Applicable Law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of PQS.
- The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, PQS will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
- The App Provider, and its subsidiaries, are third party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof.
- You must also comply with all applicable third party terms of service when using the App.
You acknowledge and agree that you will be responsible for your use of the Service and agree to indemnify and hold harmless PQS and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) arising out of or in any way connected with: (i) your access to, use of, or alleged use of the Service; or (ii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any Applicable Law. Further, PQS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.
- LINKS TO THIRD PARTY SITES
The Service may include links to third-party sites and services (“Third-Party Sites”) that are not operated by us. If you use these links, you will leave our Service. We are not obligated to review any Third-Party Sites, we do not control any of the Third-Party Sites, and we are not responsible for any of the Third-Party Sites (or the products, services, or content available through any of them). Thus, we do not endorse or make any representations about such Third-Party Sites, any information, software, products, services, or materials found there or any results that may be obtained from using them. We are providing these links to you only as a convenience and are not responsible for the content or links displayed on such sites. If you decide to access any of the Third- Party Sites to which we have provided links from our Website, you do so entirely at your own risk and you must follow the privacy policies and terms and conditions for those Third-Party Sites. Ultimately, you are responsible for and assume all risk arising from your use or reliance of any Third-Party Sites.
Our App and Service is owned and operated by PQS or its licensors. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), and all other elements of the Service are protected by copyright, trademark, and other laws of the United States and foreign countries (collectively, “Proprietary Materials”). You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the App or the Service, including in any Content. PQS reserves all rights to the Proprietary Materials and except as otherwise provided for by law, you may not (i) use of the Proprietary Materials in any manner inconsistent with these Terms. In addition, reverse engineer the Proprietary Materials is strictly prohibited. PQS reserves all rights to the Proprietary Materials not granted expressly in these Terms.
You acknowledge and agree that any feedback, communications, comments, questions, suggestions, or related materials you send or otherwise transmit or provide to us, in or through any medium (e.g. vidoconference, survey, interviews, email, SMS exchange, letter, email, telephone, etc.) regarding the App or the Service (“Feedback”) including new features or functionality relating to the foregoing will be the sole and exclusive property of PQS and you hereby irrevocably assign to us all of your right, title and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using the Feedback. Where the above assignment is prohibited by law, you grant us an exclusive, transferable, worldwide, royalty-free, fully paid-up license (including the right to sublicense) to use and to exploit all Feedback as we may determine in our sole discretion. You understand and agree that we are not obligated to use, display, reproduce, or distribute any ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel our use, display, reproduction, or distribution.
If you breach any of the terms of these Terms, we have the right to suspend or disable your access to or use of the App and/or Service. You may cancel your use of the App and/or Service by contacting us at support@CancerSymptomTracker.com.
While we attempt to keep all the information on the Website and Service up-to-date, medical treatment and knowledge change quickly, and the Website, our App, Service, etc. should not be considered error-free or as a comprehensive source of all information on a particular topic. We make no warranties or representations as to the accuracy of the content of the Website or the Materials, and assume no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon the information included on the Website, App or Service. Your use of our Service through any medium is subject to the additional disclaimers and caveats that may appear throughout these Terms and in the Materials. You assume the entire risk of loss in using the Website, App or Service. You understand and agree that the App and the Service are provided to you “AS IS” and on an “AS AVAILABLE” basis. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the App or the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
- LIMITATION OF LIABILITY
OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED (A) TO THE GREATER OF THE AMOUNT YOU PAID FOR USE OF THE APP AND SERVICE, IF YOU HAVE MADE ANY PAYMENTS TO PQS OR $50, OR (B) IF YOU HAVE NOT MADE ANY PAYMENTS TO PQS, THEN TEN UNITED STATES DOLLARS ($10.00). WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APP AND/OR SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
BY USING OUR APP OR SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. ”.
Some jurisdictions do not allow the exclusion of certain types of damages (e.g. warranties or the exclusion or limitation of liability for consequential or incidental damages). Accordingly, some of the limitations above may not apply to you to the extent prohibited by Applicable Law. In such cases, our liability will be limited to the fullest extent permitted by Applicable Law
- QUESTIONS & CONTACT INFORMATION
Please contact us at support@CancerSymptomTracker.com if you have any questions about our Terms.
Effective: January 11, 2020