User Agreement

This End User License Agreement (“Agreement“) is a binding agreement between you (“End User” or “you“) and Coldwater Fusion LLC (“Company“). This Agreement governs your use of the MyMedPic on the iOS and Android platforms, and on www.mymedpic.com (the “Site”), (including all related documentation, operating platforms, networks, and hosted environments pertaining to the MyMedPic application, collectively the “Application“). The Application is licensed, not sold, to you.

BY CLICKING THE “AGREE” BUTTON FOR THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE THE AGE OF MAJORITY IN YOUR STATE, OR THAT YOU ARE 13 YEARS OF AGE OR OLDER AND HAVE YOUR PARENT OR GUARDIAN’S CONSENT TO THE AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE.

  1. License Grant. Subject to the terms of this Agreement, Company grants you a limited, non-exclusive, and nontransferable license to:
    • download, install, and use the Application for your personal, non-commercial use on a mobile device owned or otherwise controlled by you (“Mobile Device“) strictly in accordance with the Application’s documentation; and 
    • Use the Application as accessible via the Site.
  2. License Restrictions. You shall not: 
    • copy the Application, except as expressly permitted by this license;
    • modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
    • reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
    • remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
    • rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; or
    • remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application; 
    • use the Application in, or in association with, the design, construction, maintenance, or operation of any safety-critical applications, including medical or life-support systems; 
    • use the Application in contravention of any local, state, national, or international law and regulations; 
    • use the Application to violate the security or integrity of any  network, computer, or communications system, software application, or network or computer device; 
    • use the Application to distribute, publish, send or facilitate the sending of unsolicited mass e-mail or other messages, promotions, advertising or solicitations of any nature, nor will you alter or obscure mail headers or assume a sender’s identity without the sender’s explicit permission; or
    • probe, scan, penetrate, or test the vulnerability of the Application, nor breach the Application security or authentication measures, whether by passive or intrusive techniques, or conduct any security or malware research using the Application.
  3. Application Content.  The content you provide in the Application (the “Application Content”) does not and will not:
    • infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; 
    • slander, defame, libel, or invade a right of privacy, publicity or other property rights of any other person; or 
    • violate any law, regulation, rule or rights of third parties, nor cause the Company to violate any law, regulation, rule, or rights of third parties.
  4. Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.  The Application may be licensed under one or more open source or similar licenses (collectively, “Open Source Licenses”). Nothing in this Agreement prevents, restricts, or is intended to prevent or restrict you from obtaining such materials under the applicable Open Source Licenses or to limit your use of such materials under those Open Source Licenses.
  5. Collection and Use of Your Information. You acknowledge that when you download, install, or use the Application, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Application is subject to our Privacy Policy. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
  6. Account Creation and Access. 
    • In order to use the Application you will be asked to provide certain account registration information (“Account Registration”) to register your account for use of the Application (“Account).  It is a condition of use of the Application that all of the information you provide in connection with your Account Registration is correct, current, and complete.  
    • If you choose, or are provided with, a user name, password, or any other piece of information as part of our Account Registration 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 this Website or portions of it using your user name, password, or other security information. 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 should use particular caution when accessing your Account from a public or shared computer or network so that others are not able to view or record your password or other personal information.
  7. Service Options; Payments; Cancellations. 
    • The Application may be provided to you on a paid, subscription basis (“Subscription Service”) or free-of-charge (“Free Service”).  We will describe the Application offerings to you when you register your Account and prior to your agreement to receive the Subscription Service. 
    • We may offer, at our discretion, trials of the Subscription Service for a specified period without payment or at a reduced rate (“Trial Service”).  The Company will determine your ability to participate in the Trial Service, and may withdraw of modify a Trial at any time without prior notice and with no liability, to the fullest extent permitted by law.  For some Trial Services, we may require you to provide your payment details to start the Trial Service.  By providing such payment details, you acknowledge and agree that we may automatically begin charging you for a Subscription Service on the first day following the end of the Trial Service on a reoccurring basis as disclosed to you.  IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE SUBSCRIPTION SERVICE BEFORE THE END OF THE TRIAL BY CONTACTING support@mymedpic.com.
    • You may purchase a Subscription Service directly through the Application by paying the subscription fee in advance on a monthly basis or other basis disclosed to you prior to your purchase.  The Company may change the price for the Subscription Services, including the recurring subscription fees, from time-to-time and will communicate any price changes to you in advance.  Subject to applicable law, you will accept the new fees by your affirmative consent or by continuing to use the Subscription Service after the price change takes effect.  If you do not agree to the price change, you may cancel the Subscription Service prior to the price change taking effect.
    • The Subscription Service will automatically renew at the end of the subscription period, unless the Subscription Service is cancelled prior to the end of the then-current subscription period by visiting support@mymedpic.com.  Your cancellation will take effect the day after the last day of the then-current subscription period.  No refunds are available for partial subscription periods.
  8. Effect of Cancellation.  
    • Upon cancellation of the Subscription Service, you will only have Account access to export the Application Content to the email address associated with your Account for a period of thirty (30) days.  No additional Account access or functionality will be provided to you after cancellation.
    • The Company will retain your Application Content for thirty (30) days after cancellation after which it may archive or delete such information without obligation to provide a copy to you.  The Company may will maintain your Application Content after cancellation in accordance with the Privacy Policy.
  9. Geographic Restrictions. The Application is based in the state of South Dakota in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some aspects of the Application outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Application from outside the United States, you are responsible for compliance with local laws.
  10. Updates. Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates“). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:
    • the Application will automatically download and install all available Updates; or
    • you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.

  1. Third-Party Materials. The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials“). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
  2. Term and Termination.
    • The term of Agreement commences when you acknowledge your acceptance and will continue in effect until terminated by you or Company as set forth in this Section 12.
    • You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device.
    • Company may terminate this Agreement at any time without notice if it ceases to support the Application, which Company may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
    • Upon termination:
      1. all rights granted to you under this Agreement will also terminate; and
      2. you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.
    • Termination will not limit any of Company’s rights or remedies at law or in equity.
  3. Disclaimer of Warranties. 
    • YOU ACKNOWLEDGE AND AGREE THAT ANY USE OF THE APPLICATION BY YOU HEREUNDER IS AN INFORMATION MANAGEMENT TOOL ONLY AND THAT ITS USE SHOULD NOT BE RELIED ON OR USED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, MONITORING, OR TREATMENT.  IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. YOU FURTHER ACKNOWLEDGE AND AGREE THAT COMPANY HAS NOT REPRESENTED ITS APPLICATION AS HAVING THE ABILITY TO DIAGNOSE OR MONITOR DISEASE, PRESCRIBE TREATMENT, OR PERFORM ANY OTHER TASKS THAT CONSTITUTE THE PRACTICE OF MEDICINE OR MENTAL HEALTH COUNSELING. 
    • YOU ARGREE THAT YOU ARE RESPONSIBLE FOR THE ACCURACY AND QUALITY OF THE DATA INPUT INTO THE APPLICATION. YOU ACKNOWLEDGE THAT COMPANY: (A) HAS NO CONTROL OF OR RESPONSIBILITY FOR YOUR USE OF THE SERVICES AS AN INFORMATION MANAGEMENT TOOL, AND (B) HAS NO KNOWLEDGE OF THE SPECIFIC OR UNIQUE CIRCUMSTANCES UNDER WHICH THE INFORMATION MANAGEMENT PROVIDED MAY BE USED BY THE YOU. THE PARTIES AGREE THAT COMPANY DOES NOT PROVIDE MEDICAL SERVICES, INCLUDING DIAGNOSIS, TREATMENT, OR MONITORING TO PATIENTS AND IS NOT ENGAGED IN THE PRACTICE OF MEDICINE, OR MENTAL HEALTH COUNSELING.  COMPANY MAKES NO WARRANTY AS TO THE NATURE OR QUALITY OF THE INFORMATION SENT BY YOU, OR ANY THIRD PARTY USERS OF THE SERVICES.  
    • THE APPLICATION IS PROVIDED TO END USER “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. 

  1. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:
    • PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
    • DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION. 

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. 

  1. Indemnification. You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement, including but not limited to the content you submit or make available through this Application.
  2. Export Regulation. The Application may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US.
  3. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
  4. Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of South Dakota without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of South Dakota in each case located in Sioux Falls and Minnehaha County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. 
  5. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
  6. Entire Agreement. This Agreement and our Privacy Policy constitute the entire agreement between you and Company with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application. 
  7. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.