The myEmerg, Inc. (“myEmerg”) web site (www.myEmerg.com) and the myEmerg mobile application (“App”) (collectively the “Site”) is owned and operated by myEmerg, a Delaware corporation, with its principal place of business located at 800 17th Street Suite 450, Washington DC N.W. 20006.
myEmerg may terminate, replace, supplement, suspend, or discontinue any aspect of the Site, including the availability of any features, at any time. myEmerg may remove, modify, or otherwise change any myEmerg content, including that of third parties, on or from this Site. myEmerg may impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability. myEmerg may terminate your use of the Site at any time in its sole discretion. These terms apply exclusively to your access to and use of the Site and do not alter the terms or conditions of any other agreement you may have with myEmerg. The App is not intended to automatically alert the User, healthcare professionals or patients to medical conditions. myEmerg does not have access to or review, monitor, evaluate or analyze any information with which the User populates the App. It is your information to use and share such manner as you choose. It is your responsibility to interpret all medical data for proper analysis and diagnosis.
Copyrights. All content on the Site, including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement are either Copyright © 2015 myEmerg, Inc. or are the property of myEmerg’s affiliates, partners or licensors. All rights reserved.
Trademarks. All trademarks on the Site are either trademarks or registered trademarks of myEmerg or its affiliates, partners or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of myEmerg. All page headers, custom graphics, button icons, App features and scripts are service marks, trademarks and/or trade dress of myEmerg or its affiliates, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of myEmerg. Other trademarks, registered trademarks, product names, and company names or logos displayed on the Site are the property of their respective owners.
Patents. myEmerg’s products and processes may be covered by one or more patents and may be subject to other trade secret and proprietary rights. myEmerg reserves all such rights. No transfer or grant of rights of any kind or nature is made or is to be implied by any provision of these TOU, use of the Site or any features thereon and/or the ability to access and use of the App. You agree not to infringe upon such rights or decompile, reverse engineer, or disassemble any of myEmerg products or processes.
Software. Any software, including any files, images generated by the software, code, and data accompanying the software (collectively, the “Software”), used or accessible through the Site may be used by you solely for accessing and using the Site for purposes expressly stated on the Site, provided that such uses are not competitive with or derogatory to myEmerg or any of its affiliates or licensors. myEmerg retains full and complete title to and all intellectual property rights in the Software. You agree not to copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software.
In using this Site, you agree:
In addition you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national, and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on the Site. This Site is controlled and operated in the United States. You represent and warrant that you are a resident of the United States. If you are in a jurisdiction that restricts you from accessing this Site, do not access or use this Site. MyEmerg makes no representation that the Site is appropriate or available for use outside the United States.
You agree not to use or launch any automated system, including without limitation, “spiders”, “robots”, “offline readers”, etc. or “load testers” such as apache bench, httpload, wget, blitz, mswebstress, etc., that accesses the Site in a manner that sends more request messages to the myEmerg servers in a given period of time than a human can reasonably produce in the same period by using a myEmerg Site, and you are forbidden from ripping the content unless specifically allowed.
You agree that any communications you transmit to anyone through the Site or copyrighted works you post on the Site, including, without limitation, questions, comments, suggestions, ideas, plans, notes, drawings, configurations, specifications, purchase orders, quotes or requests for quotes, performance data, account information, or other material, data, or information (collectively, “Information”), are non-confidential and upon transmission of such Information to myEmerg via email or other means you grant to myEmerg an irrevocable, non-exclusive, royalty-free, sublicensable, worldwide license (including but not limited to a copyright license) to use such Information in any media for any purpose.
Links to Other Web Sites. This Site may from time to time contain links to other Web sites and Apps. These links are provided as a convenience and do not constitute an endorsement, sponsorship, certification such products and/or services do what they claim to do or a recommendation by myEmerg of the linked Web sites or any content, services, or products available on or through such sites. myEmerg does not accept any responsibility for the content that may appear on any liked sites or Apps.
Links from Other Web Sites. All links to this Site must be approved in writing by myEmerg.
Third-Party Content. This Site may from time to time contain material, data, or information provided, posted, or offered by third parties, including but not limited to advertisements or postings in or including online community discussions. You agree that neither myEmerg nor its affiliates shall have any liability whatsoever to you for any such third-party material, data, or information.
THIS SITE (including the App) AND THE CONTENT AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, myEmerg AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA, OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR PERSON, YOUR COMPUTER SYSTEM, YOUR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA, AND/OR SOFTWARE.
YOU ACKNOWLEDGE THAT myEmerg DOES NOT CONTROL INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, myEmerg AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY ADVICE, OPINION, STATEMENT, OR OTHER CONTENT OR OF ANY PRODUCTS OR SERVICES DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THE SITE.
myEmerg DOES NOT WARRANT THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THIS SITE OR ITS CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. NOR DOES myEmerg MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THIS SITE OR THAT ANY USER’S PERSONALLY LOADED MEDICAL INFORMATION WILL BE UNCORRUPTED AND/OR AVAILABLE VIA THE SITE WHEN AND WHERE DESIRED BY THE USER. ANY INFORMATION OR REPORTS ON THE SITE, OR PROVIDED BY myEmerg DO NOT SUGGEST A DIAGNOSIS, ADVICE, MEDICAL OPINION, DIAGNOSIS OR TREATMENT OR OTHER HEALTHCARE SERVICES. THE INTERPRETATION OF REPORTS OR INFORMATION ON THE SITE IS INTENDED AS INFORMATION FOR YOU AND TO BE USED AS A TOOL TO.
myEmerg ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERY OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERY OF CONTENT, INCLUDING THAT LOADED ON THE APP, OR EMAIL, INABILITY OF ANY FEATURE ON THE APP TO FUNCTION, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF myEmerg, ITS AFFILIATES, ITS LICENSORS, OR A USER’S OWN ERRORS AND/OR OMISSIONS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, myEmerg DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE SITE WILL BE MAINTAINED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM myEmerg OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN WRITING.
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY.
UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL myEmerg OR ITS SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE OR ANY CONTENT CONTAINED ON THE SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF myEmerg HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK.
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY.
Applicable Law. These TOU shall be governed by and construed in accordance with the laws of the State of New York, and the federal laws of the United States of America, or its conflict of laws provisions and without giving effect to any choice of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within the City of New York, State of New York.
These TOU constitute the entire agreement between you and myEmerg governing your use of the Site. Should any provision in these TOU be found invalid or unenforceable for any reason, then that provision shall be deemed severable from the terms and shall not affect the validity or enforceability of the remaining provisions. You agree that any claim arising out of or related to the terms or your use of the Site must be filed within one year after it arose or be permanently barred.
We may collect the following information:
We transfer the following information through our Servers:
We may use this information to provide you with better service.
We may not collect the following information:
The contents of messages that have been delivered by the myEmerg Site are not copied, kept or archived by myEmerg.
Users type and sent their messages, data is sent to our servers, and routed to the intended recipient who is myEmerg user online, if the recipient is not online, the undelivered message is held in myEmerg’s servers until it can be delivered, then no longer resides on our servers. If the message is undelivered for thirty (30) days or allowed size of user mailbox exceeded, the undelivered message is deleted from our servers.
It is possible that due to fraud or deception by others, myEmerg may unknowingly receive information pertaining to children under the age of 16. If myEmerg is notified of this, once myEmerg has verified the information, myEmerg will promptly prohibit such child from use of the myEmerg App. If you want to notify myEmerg of its receipt of information in relation to children under the age of 16, please email info@myEmerg.com.
We are committed to ensuring that your information is secure. While myEmerg utilizes suitable physical, electronic and managerial procedures to safeguard and secure the information it collects or is supplied by the User, the User is strongly encouraged to take his/her own protective measures with his/her mobile phone.
Our website and our App may contain links to other websites of interest. However, once you have used these links, you should note that we do not have any control over that other website or app. Therefore, we cannot be responsible for the protection and privacy of any information that you provide while visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website or app in question.