What the Service Agreement Covers
This is a contract between you and Personiform, Inc.("Personiform," "we," "us," or "our") for use of Medyear ("Medyear" or the "Service"). By using or accessing the Service, you confirm that you agree to these terms. If you don't agree, you don’t have to use the Service. We don’t provide any warranties of any kind for the Service. This contract also limits our liability to you. See Sections 10 and 11 for details.
In order to use Medyear you must be 13 years of age or older. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to use the Service or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at Medyear Contact. If you are between 13 and 18 years of age, you must have your parent or legal guardian’s permission to use Medyear and have your parent or guardian to agree to these terms on your behalf. You must not access Medyear or accept these Terms if you are a person who is either barred or otherwise legally prohibited from receiving or using the Service.
Using the Service
We may deny account sign-up based on your location or other reasons. You must not attempt to work around any such limitations in the Service. Some Service features may not be available in some languages and locations. The Service is intended for you to use to conveniently store your personal health-related information and share it with other people such as your family or Doctor or whoever you want. You may not use the Service in any unauthorized way that could interfere with anyone else’s use of it or to gain unauthorized access to any Service, data, account, or network. You may start using the Service as soon as you have finished the sign-up process. Help Medyear maintain a healthy and vibrant environment by reporting any illegal or inappropriate behavior to us using the Medyear Contact
You agree not to upload, post or otherwise transmit any Content that violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others;
- You agree not to upload, post or otherwise transmit any Content that is offensive to the Medyear community, including blatant expressions of bigotry, racism, abusiveness, vulgarity or profanity.
- You agree not to upload, post or otherwise transmit any material that contains or advocates pornography, pedophilia, incest, bestiality, or that is otherwise obscene.
- You agree not to upload, post or otherwise transmit any Content that violates any law or engage in activity that would constitute a criminal offense or give rise to a civil liability;
- You agree not to upload, post or otherwise transmit any Content that advocates or provides instruction on illegal activity or discuss illegal activities with the intent to commit them;
- You agree not to upload, post or otherwise transmit, without Medyear's express prior approval, Content which contains advertising or any solicitation with respect to products or services;
- You agree not to upload, post or otherwise transmit any User Content, software or other materials which contain a virus or other harmful or disruptive component;
- You agree not to upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- You agree that if necessary, you have the consent of each and every identifiable natural person in any submission to use such persons name or likeness in the manner contemplated by medyear.com
- Any conduct that in Medyear’s sole discretion restricts or inhibits anyone else from using or enjoying medyear.com will not be permitted. Medyear reserves the right in its sole discretion to remove or edit User Content by you and to terminate your Account for any reason. Medyear is not responsible for User Content submitted to medyear.com or posted in comments, carerings, on bulletin boards or on other Interactive Areas by users of medyear.com.
Monitoring. Medyear shall have the right, but not the obligation, to monitor User Content posted or uploaded to medyear.com to determine compliance with these Terms of Service and any operating rules established by Medyear and to satisfy any law, regulation or authorized government request. Although Medyear has no obligation to monitor, screen, edit or remove any of the User Content posted or uploaded to Medyear.com, Medyear reserves the right, and has absolute discretion, to screen, edit, refuse to post or remove without notice any User Content posted or uploaded to medyear.com at any time and for any reason. Medyear will also monitor any User Content that has been flagged by a User to ensure that it adheres to these terms.
Termination. Medyear reserves the right, in its sole discretion, to terminate your access to all or part of the Medyear Site, to remove your profile and/or any content posted by or about you from the Site, and/or to terminate your registration in Medyear, for any reason or no reason, with or without notice. Following any termination of any individual User of the Site or the Services, Medyear reserves the right to send a notice thereof to other Users with whom we believe the individual has corresponded. Our decision to terminate an individual's registration and/or to notify other Users with whom we believe the individual has corresponded does not constitute, and should not be interpreted or used as information bearing on, the individual's character, general reputation, personal characteristics, or mode of living.
If you don’t already have credentials to use with the Service you can sign up for Medyear account credentials when you sign up for the Service. The Medyear account, provides credentials you can use to gain access to our products, website, app, and Services. To create a Medyear account, you must provide a user name and password, certain demographic information, and “account proofs,” such as an alternate email address or phone number. You may also be able to sign up for a Medyear account through a third party account. You are responsible for keeping your account information and password confidential and are responsible for all activity that occurs under your Medyear account. If you use your credentials to gain access to other products and Services, the terms and conditions for those products, websites, or Services will apply to your use of those products, websites, or Services. If you've forgotten your password or otherwise can't access your Medyear account, you can recover your Medyear account by visiting the Reset Your Password webpage www.medyear.com/password. Medyear doesn't guarantee that your Medyear account will be restored.
Your Service account and co-custodians
Only you may use your account credentials. You must keep your account credentials confidential and not authorize anyone else to access or use the Service on your behalf, unless we provide an approved mechanism for that. You must contact Customer Support right away if you suspect misuse of your account or any security breach in the Service. You are responsible for all activity and sharing of information that takes place with your Medyear account. If there is a co-custodian of a record in your account (because one of you invited the other or gave your password information to the other one), you acknowledge that the co-custodian has full control over that record and may cancel your access to the record, manage other peoples' access to the record, and view the record's data including how and when the record is used.
Internet access may be required
To access the Service by means of a cellular data connection on a portable device (such as an iPhone or Android Phone), you will need a data access plan from your wireless carrier. In order to access the Service via WiFi or Internet connection, you will need a compatible device, software, browser and Internet access. Check with your provider to learn if any fees apply. You are solely responsible for any fees or costs you incur to access the Services through any wireless or other communication Service.
Your content and sharing records
We don't claim ownership of the content you provide on the Service. Your content remains your content. We also don't control, verify, or endorse the content that you and others make available on the Service. You control who may access your content, along with any co-custodians and other invited users. If you share content in your records, then you agree that Medyear or anyone you've shared content with may use, reproduce, modify, distribute, display, perform, transmit, and communicate that content. When you give others access to your content on the Service, they can use, reproduce, modify, distribute, display, perform, transmit, and communicate to the public the content. If you don't want others to have that ability, don't share your content via the Service. If you share content on the Service in a way that infringes others' rights, including privacy rights, you're breaching this contract. You represent and warrant that you have all the rights necessary for you to grant the rights in this section and the use of the content doesn't violate any law. We may remove your content from the Service at any time if you breach this contract. For detailed information on our Copyright Dispute Policy you can review it by going to www.medyear.com/copyright. You're responsible for backing up the data that you store on the Service. If your Service is canceled, we may permanently delete your data from our servers. We have no obligation to return data to you after the Service is canceled. If data is stored with an expiration date, we may also delete the data as of that date. Deleted data may be irretrievable.
Our Warranties and Disclaimers
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER MEDYEAR NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES WARRANTIES ABOUT THE SERVICES OF ANY KIND. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE PROVIDE THE SERVICES “AS IS”. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Liability for our Services
TO THE EXTENT PERMITTED BY LAW, MEDYEAR, AND MEDYEAR’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF MEDYEAR, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN). IN ALL CASES, MEDYEAR, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
About these Terms
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between Medyear and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
You and Medyear agree that these terms are the complete and exclusive statement of the mutual understanding between you and Medyear, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these terms. No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind Medyear in any respect whatsoever.
You may not assign, delegate or transfer these terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Medyear’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
The laws of California, U.S.A., excluding California’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of San Francisco County, California, USA, and you and Medyear consent to personal jurisdiction in those courts.
For information about how to contact Medyear, please visit Medyear Contact.