Terms of use agreement

This Terms of Use Agreement (this “Agreement”) is entered into by and between MEDSOL, LLC, the administrator of TREEMR, a web service and mobile application and “you,” the user of TREEMR, access to, use of and/or browsing of TREEMR is provided subject to the terms and conditions set forth herein. By accessing, using and/or browsing TREEMR, you hereby agree to these terms and conditions.

TREEMR is a web service and mobile application designed to provide users with a cloud based document repository, forum to discuss medical issues, and a social wall.

THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT MEDSOL’S LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING TREEMR CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT TREEMR IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE TREEMR.

BY ENTERING TREEMR, YOU ACKNOWLEDGE AND AGREE 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 AGREEMENT 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. MEDSOL does not provide any medical advice on TREEMR, and the Information should not be so construed or used. Using, accessing and/or browsing TREEMR and/or providing personal or medical information does not create a physician-patient relationship between you and MEDSOL or other users of TREEMR. Nothing contained in TREEMR 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 TREEMR, and you should consult a physician licensed in your state in all matters relating to your health. You hereby agree that you shall not make any health or medical related decision based in whole or in part on anything contained in TREEMR.

TREEMR is directed at consumers and to be used by consumers, not medical facilities, providers or clearinghouses. As such, MEDSOL and by extension TREEMR is not obligated to comply with the Health Information Portability and Accountability Act (HIPAA).

MEDSOL further recommends that users who choose to share medical information do so only for informative purposes, and not for medical advice or decision making. Users should attempt to obtain medical records from their providers directly as the best source for accurate, relevant information.

FINANCIAL, LEGAL AND OTHER ADVICE DISCLAIMER

You hereby acknowledge that nothing contained in TREEMR shall constitute financial, investment, legal and/or other professional advice and that no professional relationship of any kind is created between you and MEDSOL. You hereby agree that you shall not make any financial, investment, legal and/or other decision based in whole or in part on anything contained in TREEMR.

INFORMATION DISCLAIMER

Any opinions on TREEMR 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 may become out-of-date.

POSTING GUIDELINES

TREEMR is 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 TREEMR in the form of user generated comments or otherwise, you grant MEDSOL 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 TREEMR. 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 TREEMR, you grant MEDSOL and any company substantially under the control of MEDSOL, the right to remove any content or comment that, in MEDSOL’s sole judgment, does not comply with the terms and conditions of this Agreement or is otherwise objectionable. You also grant MEDSOL and any company substantially under the control of MEDSOL the right to modify, adapt, and edit any content.

YOUR ACCOUNT AND YOUR RESPONSIBILITIES

You are responsible for your log in credentials and for keeping your information accurate. You are solely responsible for any activity resulting from the use of your log-in credentials on TREEMR. As the owner of material you post on TREEMR, you also have the obligation to ensure that the operating system has the capability to erase any posted material in the event your device is lost to erase posted content. A remote swipe capability is recommended as MEDSOL assumes no liability in the event of a lost or stolen device.

MEDSOL’s CONTENT OWNERSHIP AND USE

MEDSOL owns or has rights to all of the content we make available through TREEMR, but you may use it as you use TREEMR. You cannot use our logo without our written permission. As indicated above, MEDSOL assumes no liability in the event of lost or theft of a device.

INTELLECTUAL PROPERTY RIGHTS AND YOUR LICENSE TO USE

You, or the people who allow you to use their content, own all of the content you post using TREEMR. However, we may use it for any purpose, including in our marketing materials. We may also modify your content to make it work better.

It is very important that you have permission to use other people’s content or they may be able to sue you for violating their legal rights.

MEDSOL CLAIMS NO OWNERSHIP

TREEMR may provide you with the ability to create, post, or share content (“Your User Content”). MEDSOL claims no ownership or control over Your User Content. You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of the content you post on or through TREEMR. You are responsible for protecting those rights. By using TREEMR you understand that you are “opting in” to receive MEDSOL communications and/or advertisement from third party.

YOU ACQUIRE NO OWNERSHIP OF OTHERS’ CONTENT

You understand and agree that you will not obtain, as a result of your use of TREEMR, any right, title, or interest in or to such content delivered via TREEMR or in any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets, or other rights) in the content.

THIRD PARTY LINKS AND ADVERTISEMENTS DISCLAIMER

MEDSOL 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 MEDSOL 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. MEDSOL 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 MEDSOL MAKES NO REPRESENTATIONS AND/OR WARRANTIES ABOUT, ANY PRODUCT OR SERVICE CONTAINED THEREIN.

COPYRIGHT POLICY

Tell us if you think a user has violated your copyright using TREEMR, or if you think someone incorrectly reported that you violated his or her copyright.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on TREEMR infringe your copyright, you (or your agent) may send MEDSOL a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
2. Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on TREEMR are covered by a single notification, a representative list of such works);
3. Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow MEDSOL to locate the material on TREEMR;
4. Your name, address, telephone number, and email address (if available);
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send MEDSOL a counter-notice.

Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to TREEMR should be sent to MEDSOL CONTACT INFO[support@TREEMR.com]. Consult your legal advisor and see 17 U.S.C. $512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.

SUGGESTIONS AND SUBMISSIONS

We appreciate your comments, but if you send us creative ideas, we can use them without compensating you.

We appreciate hearing from our users and welcome your comments regarding TREEMR. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“creative ideas”), we shall:

1. Own, exclusively, all now known or later discovered rights to the creative ideas;
2. not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and
3. be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

USER CONTENT DISCLAIMERS, LIMITATIONS AND PROHIBITIONS

You are responsible for your actions when using and relying on TREEMR or content available on TREEMR.

We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by users, including but not limited to comments, “likes,” status updates, user activity, photos, and user-to-user messages (“User Content”). You accept that any reliance on material posted by other users or third-party service providers will be at your own risk. By using TREEMR you accept the risk that you might be exposed to User Content that is offensive, indecent, inaccurate, objectionable or otherwise inappropriate.

You are solely responsible for Your User Content on TREEMR. MEDSOL does not endorse any, nor is it responsible for, User Content on TREEMR. You assume all risks associated with Your User Content, including anyone’s reliance on its quality, accuracy, or reliability. You may expose yourself to liability if, for example, Your User Content contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation.

Do not do bad things with TREEMR, try to break it, or steal our hard work.

You agree to use TREEMR only for its intended purpose. You must use TREEMR in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of TREEMR are prohibited. You may not:

1. Attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to TREEMR, user accounts, or the technology and equipment supporting TREEMR;
2. frame or link to TREEMR without permission;
3. use data mining, robots, or other data gathering devices on or through TREEMR;
4. post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
5. disclose personal information about another person;
6. harass, threaten, stalk, abuse, or post objectionable User Content;
7. sell, transfer, or assign any of your rights to use TREEMR to a third party without our express written consent;
8. post advertising or marketing links or content, except as specifically allowed by these Terms;
9. use TREEMR in an illegal way or to commit an illegal act in relation to TREEMR or that otherwise results in fines, penalties, and other liability to MEDSOL or others; or
10. access TREEMR from a jurisdiction where it is illegal or unauthorized.

CONSEQUENCES OF VIOLATING THESE TERMS

If you do not act acceptably, we may prohibit your use of TREEMR.

We reserve the right to suspend or terminate your account and prevent access to TREEMR for any reason, at our discretion. We reserve the right to refuse to provide access to TREEMR to you in the future.

MEDSOL may review and remove any User Content at any time for any reason, including activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of TREEMR.

You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of TREEMR.

USER DISPUTES

We are not responsible for any disputes or disagreements between you and any third party you interact with using TREEMR. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release MEDSOL of all claims, demands, and damages in disputes among users of TREEMR. You also agree not to involve us in such disputes. Use caution and common sense when using TREEMR.

CONTENT ACCURACY

We make no representations about accuracy, reliability, completeness, or timeliness of any contents of TREEMR. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through TREEMR. Use TREEMR at your own risk.

Third-Party Websites. TREEMR may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.

A. DISCLAIMER OF WARRANTIES

You use TREEMR at your own risk. We make no warranties or guarantees.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF TREEMR IS AT YOUR SOLE RISK, AND TREEMR IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE SITE WILL MEET YOUR EXPECTATIONSAND, AND (iv) ANY ERRORS IN THE SITE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

B. LIMITATION OF LIABILITY AND INDEMNIFICATION

We are not liable for anything that happens to you that somehow may be connected to your use of TREEMR. If you use TREEMR in a way that causes us to be included in litigation, you agree to pay all legal fees and costs for Released Parties.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MEDSOL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SITE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF TREEMR CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.

You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any TREEMR Content, or (iii) your breach of these Terms. We shall provide notice to you promptly of any such claim, suit, or proceeding.

Without limiting the generality of the foregoing, MEDSOL makes no representations or warranties with respect to any Information offered or provided within or through TREEMR regarding treatment of medical conditions, action, or application of medication.

Under no circumstances, as a result of your use of TREEMR, will MEDSOL 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, MEDSOL shall have absolutely no liability in connection with TREEMR 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 errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information; or
3. any decision made or action taken or not taken in reliance upon the Information.

AGE RESTRICTION

TREEMR is intended for persons eighteen (18) years or older. Persons under the age of eighteen (18) should not access, use and/or browse the App.

INDEMNIFICATION

You agree to indemnify and hold MEDSOL 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 TREEMR, (2) any violation of law that occurs by you through TREEMR, and/or (3) anything you do using TREEMR and/or the Information contained therein.

INVALIDITY

If any provision of this Agreement 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 Agreement and your use of TREEMR, along with the Information contained therein, shall be governed by and construed in accordance with the laws of the State of Virginia without regard to conflict of laws principles, and you agree to submit to the jurisdiction of courts in the State of Virginia. You further agree that any claims or causes of action arising out of or related to this Agreement and TREEMR, 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.

ENTIRE AGREEMENT

You hereby acknowledge that this Agreement represents the entire understanding between you and MEDSOL concerning your use of TREEMR and the Information contained therein.

MODIFICATION

MEDSOL may, in MEDSOL’s sole and absolute discretion, modify the terms and conditions of this Agreement in whole or in part 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 TREEMR.

WAIVER

MEDSOL’s failure to exercise or enforce any right or provision of this Agreement shall not be deemed to be a waiver of such right or provision.

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

We recommend that you keep hard copies of your records that you have uploaded/saved through TREEMR. You agree that Medsol, LLC and TREEMR are not responsible if your uploaded files or health records are not accessible to you when needed. You take full responsibility for keeping hard copies of your uploaded files with you so you can access them when needed.