The MedFlyt Platform is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using the MedFlyt Platform, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the MedFlyt Platform.
Accessing the MedFlyt Platform and Account Security
We reserve the right to withdraw or amend the MedFlyt Platform, and any service or material we provide on the MedFlyt Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the MedFlyt Platform is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the MedFlyt Platform, to users, including registered users.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the MedFlyt Platform or portions of it using your user name, password or other security information. You will not buy, sell, rennet or lease access to your MedFlyt Platform Account. You will not attempt to log in or otherwise access the MedFlyt Platform through any unauthorized third party applications. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Intellectual Property Rights
The MedFlyt Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
The Company name, , MedFlyt logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the MedFlyt Platform are the trademarks of their respective owners.
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm any third parties in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards (as described in further detail below).
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the MedFlyt Platform, or which, as determined by us, may harm the Company or users of the MedFlyt Platform or expose them to liability.
- To develop any third-party applications that interact with the MedFlyt Platform or other users’ content or information, without our express written consent.
Additionally, you agree not to:
- Use the MedFlyt Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the MedFlyt Platform, including their ability to engage in real time activities through the MedFlyt Platform.
- Use any robot, spider or other automatic device, process or means to access the MedFlyt Platform for any purpose, including monitoring, scraping or copying any of the material on the MedFlyt Platform.
- Use any manual process to monitor or copy any of the material on the MedFlyt Platform or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the MedFlyt Platform.
- Introduce any viruses, trojan horses, worms, logic bombs or other material or code which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the MedFlyt Platform that you are not authorized to access, including any server, computer or database connected to the MedFlyt Platform.
- Attempt to circumvent any content-filtering techniques we employ.
- Attack the MedFlyt Platform via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the MedFlyt Platform.
Other than as set forth above, any User-Provided Materials you post to the MedFlyt Platform will be considered non-confidential and non-proprietary. By providing any User-Provided Materials on the MedFlyt Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute, promote, broadcast, and otherwise disclose to third parties any such material for any purpose in any and all media or distribution methods now known or later developed. For purposes of clarity, User-Provided Materials refers only to information and materials your post for viewing by other users of the MedFlyt Platform.
You understand and acknowledge that you are responsible for any User-Provided Materials and PHI you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User-Provided Materials or PHI posted by you or any other user of the MedFlyt Platform.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User-Provided Materials for any or no reason in our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted or otherwise provided by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the MedFlyt Platform.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the MedFlyt Platform. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the MedFlyt Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party, including, but not limited to, any third party educational or informational materials posted on or otherwise linked to from the MedFlyt Platform. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Any User-Provided Materials and/or PHI you provide must, in their entirety, comply with all applicable federal, state, local and international laws and regulations. In addition, the content standards set forth below (“Content Standards”) apply to any and all User-Provided Materials. Without limiting the foregoing, User-Provided Materials and PHI you provide must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Contain false, untrue or misleading information or otherwise be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
In the event that we determine, in our sole discretion, that you are violating any of the Content Standards, we reserve the right to remove any applicable User-Provided Materials, and/or terminate your access to the MedFlyt Platform. In the event we determine that you are repeatedly infringing the copyrights of any third parties your account will be terminated and your continued access to the MedFlyt Platform will be denied in accordance with the Digital Millennium Copyright Act (“DMCA”).
If you believe that any User-Provided Materials violate your copyright, you may submit a notification pursuant to the DMCA by providing us with the following information in writing (collectively, a “Notice”) (see 17 U.S.C 512(c)(3) for further details):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interests;
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location on the MedFlyt Platform where the material that you claim is infringing is located;
- your address, telephone number, and email address;
- a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
All Notices must be sent to our copyright agent via email at firstname.lastname@example.org.
Reliance on Information Posted
The information presented on or through the MedFlyt Platform is made available solely for general information purposes. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF THIS INFORMATION, INCLUDING, BUT NOT LIMITED TO, ANY THIRD PARTY EDUCATIONAL OR INFORMATIONAL MATERIALS POSTED ON OR OTHERWISE LINKED TO FROM THE MEDFLYT PLATFORM. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the MedFlyt Platform, or by anyone who may be informed of any of its contents.
The MedFlyt Platform includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Purchases and Other Terms and Conditions
To the extent you purchase any additional goods or services via the MedFlyt Platform, unless you are presented with additional terms and conditions at the time of purchase or separately enter into a commercial agreement with Company, the following shall apply:
You shall timely pay to Company all fees (“Fees”) for all such goods/services at the rate(s) set forth on the applicable purchase page or section of the MedFlyt Platform (the “Purchase Page”). Note that based on the features and/or subscriptions you select on the Purchase Page you may be billed on an ongoing, subscription basis whereupon your subscription will automatically renew at the end of each subscription or billing cycle.
Company may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Company thirty (30) days after the mailing date of the invoice.
To the extent you elect to pay any Fees electronically, you authorize us, or our third party payment processor, to charge your debit or credit card or process other means of payment for those Fees. Credit and debit card purchases shall all be immediately due and owing.
All invoiced amounts are exclusive of any and all value added, use, sales, service, property or other taxes or contributions. Customer shall be responsible for payment of any such value added, use, sales, service, property or other taxes or contributions that are, or should ultimately be, assessed against or required to be collected by Company in connection with Company’s performance hereunder.
In the event that Company does not receive payment of any Fees, or other amounts due, within the time frames above, interest shall accrue at the rate of one and half percent (1.5%) per month (or the maximum rate allowed by law) and Company reserves the right, in addition to any other rights and in its sole discretion, to suspend or terminate access to the Services by such Customer. In addition, Customer shall reimburse Company for the costs of collection including, without limitation, attorneys’ fees and expenses and any costs associated with declined credit or debit cards.
Links from the MedFlyt Platform
If the MedFlyt Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the MedFlyt Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the MedFlyt Platform is based in the state of New York in the United States. We provide the MedFlyt Platform for use only by persons located in the United States. We make no claims that the MedFlyt Platform or any of its content is accessible or appropriate outside of the United States. Access to the MedFlyt Platform may not be legal by certain persons or in certain countries. If you access the MedFlyt Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the MedFlyt Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our platform for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE MEDFLYT PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE MEDFLYT PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
BY USING THE MEDFLYT PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT MEDFLYT IS NOT ENGAGED IN THE PRACTICE OF MEDICINE, DOES NOT PROVIDE MEDICAL ADVICE, AND IS NOT A HEALTH CARE PROVIDER. EMPLOYEES OF MEDFLYT ARE NOT OR DO NOT ACT IN THE CAPACITY OF LICENSED HEALTH CARE OR MEDICAL PROFESSIONALS AND CANNOT PROVIDE YOU OR ANY OF YOUR CLIENTS WITH MEDICAL ADVICE OR HEALTH CARE OR MEDICAL SERVICES. NOTHING CONTAINED IN THE MEDFLYT PLATFORM SHOULD BE CONSIDERED TO BE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.
MEDFLYT AND THE MEDFLYT PLATFORM ARE NOT INTENDED TO BE USED IN CASES OF MEDICAL EMERGENCIES, INCLUDING BUT NOT LIMITED TO SITUATIONS IN WHICH A PERSON IS UNCONSCIOUS, NOT BREATHING, EXPERIENCING CHEST PAINS, BLEEDING UNCONTROLLABLY, OR SUFFERING FROM AN ALLERGIC REACTION. IN THE EVENT OF A MEDICAL EMERGENCY, PLEASE CALL 911 FOR EMERGENCY MEDICAL HELP.
YOUR USE OF THE MEDFLYT PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE MEDFLYT PLATFORM IS AT YOUR OWN RISK. THE MEDFLYT PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE MEDFLYT PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE MEDFLYT PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE MEDFLYT PLATFORM, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE MEDFLYT PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE MEDFLYT PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE MEDFLYT PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE MEDFLYT PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE MEDFLYT PLATFORM; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE MEDFLYT PLATFORM; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR USER-PROVIDED MATERIALS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COMPANY’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE MEDFLYT PLATFORM EXCEED THE AMOUNTS YOU PAID COMPANY, IF ANY, IN THE 12 MONTH PERIOD PRECEDING ANY CLAIM.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and Company or its successors or assigns shall exclusively be settled through binding and confidential arbitration. Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. Unless otherwise agreed upon by the parties in writing, the arbitration will be conducted before one arbitrator and will be governed by the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures”).
To the fullest extent permitted by applicable law, you and Company must abide by the following rules: (1) any claims brought by you or company must be brought in the party’s individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding; (2) the arbitrator may not consolidate more than one person’s claims, may not otherwise preside over any form of a representative or class proceeding, and may not award class-wide relief; (3) the arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (4) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (5) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law.
Governing Law and Jurisdiction
Limitation on Time to File Claims
Waiver and Severability
Your Comments and Concerns
The MedFlyt Platform is operated by MedFlyt LLC, 105-02 Metropolitan Ave., 2nd Floor, Forest Hills, NY 11375.
All other feedback, comments, requests for technical support and other communications relating to the MedFlyt Platform should be directed to: email@example.com.