- AdyAid’s Services
AdyAid provides an easily accessible, web-based platform to allow access to a personal health record (“Profile”), created by the Client. AdyAid provides a platform for the Profile, but the Client generates and maintains exclusive control over the information contained within the Profile (“User Content”).
Client understands that due to the nature of the Services, any information uploaded to the Site is deliberately intended to be readily available to third party individuals, when needed. As such, any person with Client’s PIN (“adyID”) will have full access to view the User Content. Although AdyAid takes reasonable precautions to protect client information, excessive limitations on access would frustrate the purpose of the Services. It is Client’s responsibility to exercise caution when giving out any personal information or information about other family members or friends on the Site. AdyAid does not control or endorse the User Content and, therefore, AdyAid specifically disclaims any liability with regard to Client’s use of the Site.
- Acceptable Use Policy
- User Accounts
Client and each individual with a profile under Client’s account (“Authorized User”) shall agree to be responsible for maintaining the confidentiality of any adyIDs, passwords or other account identifiers that are chosen, or are assigned, and all activities that occur under such password or account. AdyAid shall not be responsible for any mishandling of any adyID, password, or other account identifier by Client or its Authorized Users or for their failure to comply with these obligations. Client and each Authorized User also agree to notify AdyAid in a timely manner of any unauthorized use of a password or account. Moreover, Client and each Authorized User understands and agrees that AdyAid reserves the right, in its own discretion, to change, cancel or suspend anyadyID, password, username, or account if improper use or distribution is suspected.
- Modification of Site
AdyAid may, in its sole discretion and at any time, without prior notice to you, add to, amend or remove material from the Website, or alter the presentation, substance, availability or functionality of the Website, or Client Accounts.
- Support or Maintenance
Except as otherwise provided herein, AdyAid is under no obligation to provide technical or customer support for the Services. You are solely responsible for properly using the Services. You are responsible for the procurement of any hardware or services required to use the Services, including any computers, servers, or Internet access.
- Your Rights and Ownership
AdyAid alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the AdyAid technology, the Content, the Services, and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Services, the AdyAid Technology, or the Intellectual Property Rights owned by AdyAid. The AdyAid name, the AdyAid logo, and the product names associated with the Services are the exclusive property of AdyAid or third parties, and no right or license is granted to use them.
- Retention Period
AdyAid shall maintain all Client information for a period of ninety (90) days from the date that Client closes an account or profile.
THIS SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND/OR THE SERVICES OR OTHERWISE IS AT YOUR SOLE RISK. ADYAID EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AS TO ANY MATERIALS, INFORMATION OR OTHERWISE ON THE SITE. ADYAID DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION AND/OR USER CONTENT ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. ADYAID IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO MEDICAL INFORMATION, TEXT OR OTHERWISE.
ADYAID AND ITS OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, PARTNERS, LICENSORS, PARENTS AND SUBSIDIARIES ARE NOT RESPONSIBLE FOR, AND YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR, ANY DAMAGE TO YOUR COMPUTER, ANY LOSS OF DATA AND ANY OTHER NEGATIVE CONSEQUENCES THAT MAY BE CAUSED BY YOUR USE OF THE SERVICES AND ANY MATERIALS ACCESSED, VIA DOWNLOAD OR OTHERWISE, FROM THE SERVICES.
ANY MATERIALS, INCLUDING WITHOUT LIMITATION INFORMATION, RECORDS, REPORTS, AND RESEARCH, ACCESSED, VIA DOWNLOAD OR OTHERWISE, THROUGH THE SERVICES ARE ACCESSED AT YOUR SOLE AND EXCLUSIVE RISK AND DISCRETION.
ADYAID AND ITS OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, PARTNERS, LICENSORS, PARENTS, AND SUBSIDIARIES MAKE NO WARRANTY, EXPRESS OR IMPLIED, THAT (i) THE SERVICES, INCLUDING WITHOUT LIMITATION MATERIALS PROVIDED TO YOU THROUGH THE SERVICES (e.g., INFORMATION, RECORDS, REPORTS AND RESEARCH) WILL BE ERROR-FREE, ACCURATE, TIMELY, SECURE, RELIABLE OR UNINTERRUPTED, FREE FROM VIRUSES, BUGS, DEFECTS OR DEFICIENCIES (ii) THE SERVICES WILL MEET YOUR REQUIREMENTS, (iii) ANY PURCHASES OBTAINED THROUGH YOUR USE OF THE SERVICES WILL BE DELIVERED TO YOU IN A TIMELY MANNER, IN WHOLE OR IN PART, OR AT ALL, WILL CONFORM TO THE SPECIFICATIONS SET FORTH IN ANY ORDER, IN WHOLE OR IN PART, OR WILL OTHERWISE MEET YOUR EXPECTATIONS, (iv) THE SERVICES PURCHASED AND/OR THE CAMPAIGNS FULFILLED AND/OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SERVICES WILL YIELD ANY PARTICULAR RESULTS FOR YOU, AND (v) ANY ERRORS IN THE SERVICES AND/OR THE SOFTWARE WILL BE CORRECTED. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THIS SECTION.
NO INFORMATION, ADVICE, OR INSTRUCTION, REGARDLESS OF FORM OF COMMUNICATION, PROVIDED TO YOU FROM ADYAID, WHETHER THROUGH USE OF THE SERVICES OR FROM ADYAID’S OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, PARTNERS, LICENSORS, PARENTS AND SUBSIDIARIES, WILL CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY SET FORTH IN THESE TERMS.
- Limitation of Liability
IN NO EVENT SHALL ADYAID, ITS OFFICERS, DIRECTORS, AGENTS, MANAGERS, AFFILIATES OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, SPECIAL, ACTUAL, CONSEQUENTIAL, NOMINAL OR PUNITIVE DAMAGES OR LOSSES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN LAW OR ANY DAMAGES CAPABLE OF REMEDY AT EQUITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, MATERIALS OR SERVICES.
NOTWITHSTANDING THE FOREGOING, SOME OF THE FOREGOING EXCLUSIONS OF CERTAIN WARRANTIES AND/OR THE LIMITATION AND/OR EXCLUSION OF WARRANTIES MAY NOT APPLY TO YOU, AS SOME JURISDICTIONS DO NOT ALLOW IT.
- No Waiver
- Governing Law