MYHEALTHFINDER.ORG Mobile Website and App Disclaimer

May 15, 2016

This Disclaimer sets forth the terms and conditions for using the MYHEALTHFINDER iOS and Android Applications (“Apps”) and MYHEALTHFINDER.ORG (“Website” together with App, the “Site”) which was developed as a collaborative effort by various nonprofit organizations and institutions.

For Informational Purposes Only: The information and contents of the App and the Website (including all text and graphics), the information and contents of each assessment, document or series of documents provided in the App or the Website whether available in print or electronic format (including any digital format, e-mail transmission, or download from the Website), shall be known hereinafter as “Site Content”. All Site Content is for informational purposes only. The Site Content is not intended to substitute for medical advice, medical care, diagnosis or treatment obtained from a physician or health care provider.

The App and Site Content for which this Disclaimer is provided includes any updates or maintenance releases thereto. In order to use this Site Content, you must read this Disclaimer and accept its terms and conditions. By clicking your consent below, you indicate that you understand and accept this Disclaimer and its terms and conditions. If you do not agree with the terms and conditions provided in this Disclaimer, please delete the App and do not use the Site Content.

THIS DISCLAIMER CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT THE LIABILITY OF MYHEALTHFINDER, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS (THE “MYHEALTHFINDER PROJECT”). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING THE SITE CONTENT CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT WISH TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT THE SITE CONTENT IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE THE SITE CONTENT. 
 BY USING THE SITE CONTENT, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS, THAT THE PROVISIONS, DISCLOSURES AND DISCLAIMERS SET FORTH HEREIN ARE FAIR AND REASONABLE, AND THAT YOUR CONSENT TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS IS VOLUNTARY AND IS NOT THE RESULT OF FRAUD, DURESS OR UNDUE INFLUENCE EXERCISED UPON YOU BY ANY PERSON OR ENTITY.

MEDICAL ADVICE DISCLAIMER:  The MYHEALTHFINDER Project provides the Site Content and the services, information, content and/or data (collectively, “Information”) contained therein for informational purposes only. The MYHEALTHFINDER Project does not provide any medical advice in the Site Content, and any Information should not be so construed or used as medical advice. Using, accessing and/or browsing the Site Content and/or providing personal or medical information to the MYHEALTHFINDER Project does not create a physician-patient relationship between you and the MYHEALTHFINDER Project. Nothing contained in the Site Content is intended to create a physician-patient relationship, to replace the services of a licensed, trained physician or health professional or to be a substitute for medical advice of a physician or trained health professional licensed in your state. You should not rely on anything contained in the Site Content, and you should consult a physician licensed in your state in all matters relating to your health. You hereby consent that you shall not make any health or medical related decision based in whole or in part on anything contained in the Site Content.

FINANCIAL, LEGAL AND OTHER ADVICE DISCLAIMER: 
 You hereby acknowledge that nothing contained in the Site Content shall constitute financial, investment, legal and/or other professional advice and that no professional relationship of any kind is created between you and the HealthySurvivorship Project.

INFORMATION DISCLAIMER
:  The opinions expressed in the Site Content are not necessarily the opinions of the HEALTHY SURVIVORSHP Project and do not necessarily reflect the opinion of any specific individual or any other collaborators or sponsors who participated in the development of the Site Content. The Site Content is created as part of the MYHEALTHFINDER Project in the MYHEALTHFINDER Project authors’ individual capacities, is not edited by the MYHEALTHFINDER Project’s employer(s) and, as a result, may not be attributed to the MYHEALTHFINDER Project’s collaborator’s employer(s) or any sponsors. 
Any opinions of the MYHEALTHFINDER Project on the Site Content are or have been rendered based on specific facts, under certain conditions, and subject to certain assumptions, and may not and should not be used or relied upon for any other purpose, including, but not limited to, for use in or in connection with any legal proceeding. 
The Information may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. Similar to any printed materials, the Information in the Site Content may become out-of-date. The MYHEALTHFINDER Project undertakes no obligation to update any Information in the Site Content; provided, however, that the MYHEALTHFINDER Project may update the Information at any time without notice in the MYHEALTHFINDER Project’s sole and absolute discretion. The MYHEALTHFINDER Project reserves the right to make alterations or deletions to the Information and the Site Content at any time without notice.

POSTING GUIDELINES:  
Portions of the Site Content such as Twitter or Facebook pages and other social media, are open to the public. Therefore, consider your comments carefully and do not include anything in a comment that you would like to keep private. By uploading or otherwise making available any information to the MYHEALTHFINDER Project in the form of user generated comments or otherwise, you grant the MYHEALTHFINDER Project the unlimited, perpetual right to distribute, display, publish, reproduce, reuse and copy the information contained therein. 
You are responsible for the content you post. You may not impersonate any other person through the Site. You may not post content that is obscene, defamatory, threatening, fraudulent, invasive of another person’s privacy rights, or is otherwise unlawful. You may not post content that infringes the intellectual property rights of any other person or entity. You may not post any content that contains any computer viruses or any other code designed to disrupt, damage, or limit the functioning of any computer software or hardware. 
By submitting or posting content on the Site, you grant the MYHEALTHFINDER Project and any company substantially under the control of the MYHEALTHFINDER Project, the right to remove any content or comment that, in MYHEALTHFINDER Project’s sole judgment, does not comply with the terms and conditions of this Agreement or is otherwise objectionable. You also grant the MYHEALTHFINDER Project and any company substantially under the control of MYHEALTHFINDER Project the right to modify, adapt, and edit any content.

ACCESS TO PASSWORD-PROTECTED AREAS
:  Portions of the Site are password-protected (“Password Protected Areas”). The login and password are for your personal use only and are not transferable. You may not share your login or password with any other individual. You agree that you will be responsible for maintaining your password as confidential and for any activity that occurs as a result of your enabling or permitting another person or entity to use your password. You agree to immediately notify MYHEALTHFINDER by one of the methods listed in the Site in the event that (i) your password is lost or stolen, or (ii) you become aware of any unauthorized use of your password or of any other breach of security related to the Password-Protected Areas. MYHEALTHFINDER Project will not be responsible for any loss or damage arising from your failure to comply with the provisions of this section.

THIRD PARTY LINKS AND ADVERTISEMENTS DISCLAIMER
:  The Site Content may, from time to time, contain links to third party web sites. These links are provided solely as a convenience to you and not as a guarantee, warranty, or recommendation by the MYHEALTHFINDER Project of the services, information, content and/or data on such third party web sites or as an indication of any affiliation, sponsorship or endorsement of such third party web sites. The MYHEALTHFINDER Project is not responsible for the content of linked third party web sites and does not make any representations or warranties regarding the privacy practices of, or the content or accuracy of materials on, such third party Websites. If you decide to access linked third-party web sites, you do so at your own risk. Your use of third-party Websites is subject to the terms of use for such sites. 
THE INCLUSION OF THIRD PARTY ADVERTISEMENTS DOES NOT CONSTITUTE AN ENDORSEMENT, GUARANTEE, WARRANTY, OR RECOMMENDATION OF, AND THE MYHEALTHFINDER PROJECT MAKES NO REPRESENTATIONS AND/OR WARRANTIES ABOUT, ANY PRODUCT OR SERVICE CONTAINED THEREIN.

DISCLAIMER OF ALL WARRANTIES:  
The Information made available in Site Content is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, either express or implied, including, without limitation, warranties of title, noninfringement, and implied warranties of merchantability or fitness for a particular purpose. Without limiting the generality of the foregoing, the MYHEALTHFINDER Project makes no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of the Information, that the Information may be relied upon for any reason or that the Information will be uninterrupted or error free or that any defects can or will be corrected. 
 Without limiting the generality of the foregoing, the MYHEALTHFINDER Project makes no representations or warranties with respect to any Information offered or provided within or through the Site regarding treatment of medical conditions, action, or Application of medication. 
Under no circumstances, as a result of your use of the Site, will the MYHEALTHFINDER Project be liable to you or to any other person for any direct, indirect, special, incidental, exemplary, consequential or other damages under any legal theory, including, without limitation, tort, contract, strict liability or otherwise, even if advised of the possibility of such damages. Without limiting the generality of the foregoing, the MYHEALTHFINDER Project shall have absolutely no liability in connection with the Site for: 
1. damages as a result of lost profits, loss of good will, work stoppage, failure of performance, delays in operation or transmission, nondelivery of information, deletions of files, mistakes, defects, errors, interruptions or computer failure or malfunction; 
2. Any loss or injury caused, in whole or in part, by the MYHEALTHFINDER Project’s actions, omissions, or negligence, or for contingencies beyond the MYHEALTHFINDER Project’s control, in procuring, compiling, or delivering the Information;
3. any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information; or
4. any decision made or action taken or not taken in reliance upon the Information.

RESERVATION OF INTELLECTUAL PROPERTY RIGHTS
:  The Site Content is protected by United States copyright laws. The MYHEALTHFINDER Project hereby reserves any and all intellectual property rights in the Site.

AGE RESTRICTION
:  The Site is intended for persons eighteen (18) years or older. Persons under the age of eighteen (18) should not access, use and/or browse the Site Content.

INDEMNIFICATION
:  You agree to indemnify and hold the MYHEALTHFINDER Project harmless from any claim or demand, including attorneys’ fees, made by any third party as a result of (1) any content posted or made available by you on this Site, (2) any violation of law that occurs by you through the Site, and/or (3) anything you do using the Site Content and/or the Information contained therein.

INVALIDITY
:  If any provision of this Disclaimer is held to be invalid or unenforceable in whole or in part in any jurisdiction, then that provision shall be deemed ineffective in such jurisdiction but shall have no effect on the enforceability of the remaining provisions.

GOVERNING LAW, CONSENT TO JURISDICTION AND LIMITATION ON CLAIMS:  
This Disclaimer and your use of the App and Site Content, along with the Information contained therein, shall be governed by and construed in accordance with the laws of the State of Texas without regard to conflict of laws principles, and you agree to submit to the jurisdiction of courts in the State of Texas New. You further agree that any claims or causes of action arising out of or related to this Disclaimer and the Site Content, along with the Information contained therein, shall be filed within one (1) year after such claim or cause of action arose, or such claim or cause of action shall be forever barred.

MODIFICATION:  
The MYHEALTHFINDER Project may, in the MYHEALTHFINDER Project’s sole and absolute discretion, modify the terms and conditions of this Disclaimer in whole or in party at any time for any reason without any notice to you, whether prior or otherwise. Such modified terms and conditions shall supersede these terms and conditions and shall become binding when published online on the Site Content.

THE SITE AND THE INFORMATION CONTAINED THEREIN IS MADE AVAILABLE BY THE MYHEALTHFINDER PROJECT FOR EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE MEDICAL ADVICE. BY ACCESSING THE SITE, YOU UNDERSTAND AND ACKNOWLEDGE THAT THERE IS NO PHYSICIAN-PATIENT RELATIONSHIP BETWEEN YOU AND THE MYHEALTHFINDER PROJECT. YOU FURTHER ACKNOWLEDGE YOUR UNDERSTANDING THAT THE SITE SHOULD NOT BE USED AS A SUBSTITUTE FOR COMPETENT MEDICAL ADVICE FROM A LICENSED PHYSICIAN IN YOUR STATE.

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Last updated May 5, 2016