MOBILE HEALTH LIBRARY
© 2017, Mobile Health Library, LLC
Welcome to MOBILE HEALTH LIBRARY® (“MHL”). This app-based clinical engagement system is owned by Mobile Health Library, LLC (the "Company"). MHL is an application platform that securely delivers health and medical information, and supports user understanding of such information. It is intended for use by patients, caregivers, physicians, pharmacists, nurses, and other healthcare professionals. MHL allows users to interact with content in multi-media formats, including video. Streaming multi-media content can use a significant amount of data when delivered via a cellular network. You are advised to contact your service provider regarding your available data plans and any associated charges. You are strongly encouraged to password protect your mobile device, and to utilize the “Lock Screen” password protection feature of MHL.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING MHL
By using MHL, you signify your consent to the Terms and Conditions set forth below. Please note that these terms and conditions may be revised or updated from time to time, and your continued usage of MHL shall mean that you accept any such modifications.
• MEDICAL ADVICE FOR PATIENTS & CAREGIVERS
MHL is not intended to offer or replace professional advice from your healthcare professional. If you have any health concerns, please speak directly to your healthcare professional. If you are experiencing a medical emergency, dial 911 immediately.
Mobile Health Library will not identify or alert you to any potential drug-drug interaction. For medical inquires and advice, including those related to drug-drug interactions, please consult directly with your physician.
The Company does not endorse any product, service, or treatment referred to or listed within MHL.
• DOSING REMINDER APPLICATION (DRA)The DRA is intended as a helpful backup reminder system that you can personalize for taking your medications. You should not and must not rely on the DRA as your primary tool for determining whether and when to take medication. As further described under “Technology; Support” below, the DRA may not function as intended. Specifically, the DRA will not function properly if your device is broken or powered off, if the DRA software is not enabled of if any hardware or software on your device prevents the DRA from operating as intended. The maintenance of your mobile and computing devices is your responsibility. You acknowledge that the DRA, and the utility of any of its alerts or notifications, depends on information that you input into the DRA. Ultimately, you are solely responsible for ensuring that the correct medication is taken at the proper times and in the proper dosages.
• Technology: SupportWe do not warrant or guarantee that the DRA will function with your mobile or computing device or be compatible with the hardware or software on any particular devices. Information will be transmitted over a medium that will be beyond our control and jurisdiction; multiple factors, including network availability, may affect alert or notification delivery or otherwise interfere with the operation of the DRA. We do not warrant or guarantee against, and therefore assume no liability for or relating to, any errors, omissions, delays, failures, interruptions, or corruption or loss of any data, alerts, notifications or other information transmitted in connection with your use of the DRA, particularly relating to any failure of the reminder system to function as expected, including but not limited to the non-delivery of any alerts or notifications. Without limiting the foregoing, we, our licensors, and our suppliers make no representations or warranties about the availability, accuracy, reliability, completeness, quality, performance, suitability or timeliness of the DRA, including software, text, graphics, links or communications provided on or through the use of the DRA. We have no obligation to provide technical support or maintenance for the DRA. At any time and for any reason, without notice or liability, we may modify or discontinue the DRA.
• TRACKING AND DIARY APPLICATION (TDA)The TDA is intended as a helpful self-reported health status tracker resource for recording information. As further described under “Technology; Support” below, the TDA may not function as intended. Specifically, the TDA will not function properly if your device is broken or powered off, if the TDA software is not enabled of if any hardware or software on your device prevents the TDA from operating as intended. The maintenance of your mobile and computing devices is your responsibility. You acknowledge that the TDA, and the utility of any of its alerts or notifications, depends on information that you input into the TDA. Ultimately, you are solely responsible for communicating your health status, and changes in your health status, with your healthcare professionals.
• Technology: SupportWe do not warrant or guarantee that the TDA will function with your mobile or computing device or be compatible with the hardware or software on any particular devices. Information will be transmitted over a medium that will be beyond our control and jurisdiction; multiple factors, including network availability, may affect alert or notification delivery or otherwise interfere with the operation of the TDA. We do not warrant or guarantee against, and therefore assume no liability for or relating to, any errors, omissions, delays, failures, interruptions, or corruption or loss of any data, alerts, notifications or other information transmitted in connection with your use of the TDA, particularly relating to any failure of the reminder system to function as expected, including but not limited to the non-delivery of any alerts or notifications. Without limiting the foregoing, we, our licensors, and our suppliers make no representations or warranties about the availability, accuracy, reliability, completeness, quality, performance, suitability or timeliness of the TDA, including software, text, graphics, links or communications provided on or through the use of the TDA.
• CHILDREN'S PRIVACYThe Company is committed to protecting the privacy of children. MHL is intended for adults age 18 and over, it is not designed nor intended to attract persons under the age of 18.
• INTELLECTUAL PROPERTYThis application platform, and all content and images contained herein, as well as all copyright, trademark and other rights (collectively, “Intellectual Property”) are owned or licensed by the Company and its affiliates, or its sponsors and firms with which the Company has a business relationship. Nothing contained in MHL should be construed as granting, by implication, estoppel or otherwise, any license or right in or to such Intellectual Property without the expressed written permission of the Company. You agree not to copy, use or otherwise infringe upon any Intellectual Property contained in MHL.
• INTERNATIONAL USAGEIf you access MHL from outside the United States, you are responsible for compliance with the laws of your jurisdiction.
• INDEMNITYYou agree to defend, indemnify, and hold the Company, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
• JURISDICTIONYou expressly agree that exclusive jurisdiction for any dispute with the Company, or in any way relating to your use of MHL, resides in the courts of the Commonwealth of Pennsylvania and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Commonwealth of Pennsylvania in connection with any such dispute including any claim involving the Company or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. These Terms and Conditions are governed by the internal substantive laws of the Commonwealth of Pennsylvania without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
PLEASE CAREFULLY READ THIS SECTION AS IT AFFECTS YOUR RIGHTS:
In the event of a dispute, before resorting to formal proceedings, the Company requests that you contact its customer service department to try to have any concerns resolved to your satisfaction quickly.
If you and the Company are unable to resolve your concerns satisfactorily in a direct and informal manner, then YOU AND THE COMPANY EACH AGREE TO RESOLVE THE DISPUTE THROUGH BINDING ARBITRATION OR A SMALL CLAIMS COURT, RATHER THAN THROUGH A COURT OF GENERAL JURISDICTION. Arbitration involves a neutral arbitrator rather than a judge or a jury, are less formal than judicial proceedings, and are subject to limited review by a court.
ARBITRATION AGREEMENT (“Agreement”)
• Any claim or dispute that arises between you and the Company, whether based in contract or tort or any other legal theory, shall be settled through binding arbitration before a neutral arbitrator or, upon agreement of the parties, a panel of neutral arbitrators, in an arbitration performed under the American Arbitration Association’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”), as modified by this Agreement. The arbitration shall be administered by the AAA, unless the parties agree otherwise. The sole exception to this Agreement is that either party may bring a claim in small claims court in lieu of arbitration. Notwithstanding any contrary provision in the AAA Rules, ANY ARBITRATION BROUGHT UNDER THIS AGREEMENT SHALL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED UNDER THIS AGREEMENT AND THE ARBITRATOR(S) SHALL NOT CONSOLIDATE THE CLAIMS OF MORE THAN ONE INDIVIDUAL IN ANY ARBITRATION, UNLESS YOU AND THE COMPANY AGREE OTHERWISE. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY; YOU AND THE COMPANY ARE ALSO EACH WAIVING THE RIGHT TO PARTICIPATE IN ANY CLASS ARBITRATION OR CLASS ACTION AGAINST THE OTHER.
Any settlement negotiations between you and the Company, whether before or after the commencement of arbitration proceedings, shall remain confidential and shall not be shared with the arbitrator(s). References to “you,” “your” and “Mobile Health Library, LLC” include all of your and the Company’s parents, subsidiaries, affiliates, agents, employees, successors, predecessors-in-interest, assigns, beneficiaries, and heirs. This Agreement is intended to be broadly interpreted. It shall continue beyond the termination of any contract between the parties.
• This Agreement is not intended to limit your rights with respect to calling any issues to the attention of a local, state or federal agency. Such agency may proceed in an individual action on your behalf, SUBJECT TO THE PROHIBITION CONTAINED IN THIS AGREEMENT AGAINST CLASS ARBITRATIONS OR CLASS ACTIONS.
• Prior to seeking arbitration, you and the Company each agree to notify the other of any claim in writing via certified mail, setting forth the nature of the dispute, the relief sought, and the intent to demand arbitration. Such notice shall be sent by the Company to you at your address of record in the Company‘s records department, and notice by you to the Company as follows:
Mobile Health Library, LLC
16 North Franklin Street
Doylestown, PA 18901
Upon receipt of a notice and demand for arbitration, the parties shall have thirty days to resolve the dispute. Thereafter, if the dispute remains unresolved, you or the Company may commence an arbitration proceeding. A proceeding should be commenced through the American Arbitration Association, unless the parties have agreed otherwise.
• The requirements for commencing an arbitration proceeding through the American Arbitration Association may be found at the website of the American Arbitration Association, http://www.adr.org, or may be obtained by calling the American Arbitration Association directly at 1-800-778-7879.
• Any arbitration hearing shall be conducted in the Commonwealth of Pennsylvania. EXCEPT THAT, IF YOUR CLAIM IS VALUED AT LESS THAN $30,000, YOU AND THE COMPANY EACH AGREE THAT THE ARBITRATOR(S) MAY REACH A DECISION SOLELY BASED ON THE PAPERS AND DOCUMENTARY EVIDENCE SUBMITTED BY THE PARTIES OR, AT EITHER PARTY’S REQUEST, FOLLOWING A TELEPHONIC OR ELECTRONIC HEARING. The right to a hearing for disputes involving amounts greater than $30,000 will be determined in accordance with the AAA Rules.
• At the conclusion of the arbitration, the Company shall be responsible for paying all arbitration filing fees, administration fees, and arbitrator fees, except if the arbitrator(s) determines that the claim was brought for a frivolous or improper purpose. In that event, you will be responsible for paying a share of the fees in accordance with the AAA Rules.
• The arbitrator(s) shall issue a reasoned decision in writing.
• The arbitrator(s) may not award injunctive relief except to the extent that it provides only individual relief with respect to your claim(s) or the Company’s claim(s).
• The arbitrator(s) shall be bound by the terms of this Agreement.
• Judgment on any award rendered by the arbitrator(s) may be entered in any court having jurisdiction over the arbitration.
• The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. and the substantive laws of the Commonwealth of Pennsylvania, United States of America.
• CHANGES TO THE TERMS AND CONDITIONS
If these Terms of Conditions change, the revised terms and conditions will be posted on MHL. These terms and conditions were last updated on January 16, 2017.
• INFORMATION YOU PROVIDEMHL does not store specific information about you without your permission. Any information that is personally identifiable is encrypted and secured in our database, per HIPAA compliance guidelines. You may be invited to opt-in to a specific program, or to participate in a particular activity. In such case, you may be asked to submit personally identifiable information, with each such program having its own terms and conditions for use of such personal information.
We do not collect personally identifiable information from any person we actually know to be under the age of 18.
• PASSIVE INFORMATION COLLECTIONAs you navigate through the MHL app, certain anonymous information may be passively collected (that is, gathered without you actively providing the information). MHL may use and combine such passively collected anonymous information to provide better service to app users, customize your experience based on your preferences, compile and analyze statistics and trends, and otherwise administer and improve MHL for your use. Such information is not combined with personally identifiable information that may be collected elsewhere on MHL, without your consent.
• AGGREGATE INFORMATIONMHL gathers individual pieces of information that are not traceable to any specific individual and cannot be used to determine the identity of an individual user. We may provide general traffic, app usage, and app activity information in reports to third parties, including, but not limited to sponsors and firms with which we have a business relationship. This sort of information is shared only in aggregate and does not personally identify you. Depending on the circumstances, we may charge third parties for this information. We require parties with whom we share aggregate information to agree that they will not attempt to make the information personally identifiable, such as by combining it with other databases.
• SECURITYThe Company takes reasonable steps to help MHL app users protect personally identifiable information stored in their MHL app on their device and to protect such information from loss, misuse unauthorized access, disclosure, alteration, or destruction. You should keep in mind that no Internet transmission is ever completely secure or error-free. You are responsible for securing your device(s) to protect against unwanted access to your information. You are strongly encouraged to utilize the “Lock Screen” password protection feature of MHL.
• OUTBOUND EMAIL AND SMSMHL offers functionality that allows users to share content with other parties they know (for example, healthcare providers and caregivers) through email or texting capabilities. Email and text messaging do not provide a completely secure and confidential means of communication. It is therefore possible that your email or text communications could be accessed or viewed by another Internet user without your knowledge or permission. If you wish to keep your communication private, please do not use email or text messaging to communicate information that you consider confidential.
Mobile Health Library, LLC
16 North Franklin Street
Doylestown, PA 18901