Terms of Use
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
You must be at least 18 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.
This website may elect to use cookies. By using this website and agreeing to these terms and conditions, you consent to our My Med Ally's use of cookies in accordance with the terms of My Med Ally's privacy policy.
LICENSE TO USE WEBSITE
Unless otherwise stated, My Med Ally and/or its licensors own the intellectual property rights in this website and material on this website. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
My Med Ally and the My Med Ally logo are trademarks of My Med Ally, Inc. and may not be used without written permission.
You must not:
- Republish material from this website (including republication on another website);
- Reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- Show any material from the website in public;
- Sell, rent or sub-license material from the website;
- Edit or otherwise modify any material on the website; or
- Redistribute material from this website except for content specifically and expressly made available for redistribution.
- Where content is specifically made available for redistribution, it may only be redistributed within your organisation.
ACCEPTABLE USE
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without My Med Ally's express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without My Med Ally's express written consent.
USER CONTENT
In these terms and conditions, your user content means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website or to My Med Ally, for whatever purpose.
You grant to My Med Ally a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to My Med Ally the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or My Med Ally or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
My Med Ally reserves the right to edit or remove any material submitted to this website, or stored on My Med Ally's servers, or hosted or published upon this website.
Notwithstanding My Med Ally's rights under these terms and conditions in relation to user content, My Med Ally does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
RESTRICTED ACCESS
Access to certain areas of this website is restricted. My Med Ally reserves the right to restrict access to other areas of this website, or indeed this entire website, at My Med Ally's discretion. If My Med Ally provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. My Med Ally may disable your user ID and password in My Med Ally's sole discretion without notice or explanation.
NO WARRANTIES
This website is provided as is without any representations or warranties, express or implied. My Med Ally makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, My Med Ally does not warrant that:
this website will be constantly available, or available at all; or
the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
LIMITATIONS OF LIABILITY
My Med Ally will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if My Med Ally has been expressly advised of the potential loss.
EXCEPTIONS
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit My Med Ally's liability in respect of any:
death or personal injury caused by My Med Ally's negligence;
fraud or fraudulent misrepresentation on the part of My Med Ally; or
matter which it would be illegal or unlawful for My Med Ally to exclude or limit, or to attempt or purport to exclude or limit, its liability.
REASONABLENESS
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
OTHER PARTIES
You accept that, as a corporation, My Med Ally has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against My Med Ally's officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect My Med Ally's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as My Med Ally.
UNENFORCEABLE PROVISIONS
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
INDEMNITY
You hereby indemnify My Med Ally and undertake to keep My Med Ally indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by My Med Ally to a third party in settlement of a claim or dispute on the advice of My Med Ally's legal advisers) incurred or suffered by My Med Ally arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
BREACHES OF THESE TERMS AND CONDITIONS
Without prejudice to My Med Ally's other rights under these terms and conditions, if you breach these terms and conditions in any way, My Med Ally may take such action as My Med Ally deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
VARIATION
My Med Ally may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
ASSIGNMENT
My Med Ally may transfer, sub-contract or otherwise deal with My Med Ally's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
SEVERABILITY
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH MY MED ALLY'S WEB SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MY MED ALLY AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN MY MED ALLY'S WEB SITES AT ANY TIME. ADVICE RECEIVED VIA MY MED ALLY'S WEB SITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
MY MED ALLY AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON MY MED ALLY'S WEB SITES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. MY MED ALLY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
IN NO EVENT, SHALL MY MED ALLY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF PERFORMANCE OF MY MED ALLY'S WEB SITES, WITH THE DELAY OR INABILITY TO USE MY MED ALLY WEB SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH MY MED ALLY'S WEB SITES, OR OTHERWISE ARISING OUT OF THE USE OF MY MED ALLY'S WEB SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MY MED ALLY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF MY MED ALLY WEB SITES, OR WITH AN OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING MY MED ALLY'S WEB SITES. SERVICE CONTACT US.
ACKNOWLEDGEMENT OF SERVICES PURCHASED
BY USING MY MED ALLY'S WEBSITE OR ANY OF MY MED ALLY PRODUCTS OR SERVICES YOU ACKNOWLEDGE THAT MY MED ALLY IS NOT AN INSURANCE COMPANY. YOU ACKNOWLEDGE THAT THIS IS NOT MAJOR OR LIMITED BENEFIT HEALTH INSURANCE COVERAGE. YOU ALSO ACKNOWLEDGE THAT THIS SERVICE IS NOT INTENDED TO REPLACE ANY EXISTING HEALTH INSURANCE COVERAGE.
ENTIRE AGREEMENT
These terms and conditions , together with Privacy Policy and Purchase Policy, constitute the entire agreement between you and My Med Ally in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
LAW AND JURISDICTION
This Agreement is governed by the laws of the State of California. You hereby consent to the exclusive jurisdiction and venue of the courts of San Diego County, city of San Diego, in the State of California in all disputes arising out of or relating to the use of My Med Ally's website or any of My Med Ally products or services . Use of My Med Ally's Web Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this section.
EFFECTIVE DATE
This policy is effective as of October 1, 2017. We reserve the right to change this privacy policy at any time by posting a modified version on our website.
CONTACT US
If you have any questions about this policy you can contact us by email at support@mymedally.com, by phone at (800) 394-0942 or by mail at My Med Ally, Attention: Customer Support, 4241 Jutland Dr. Suite 107, San Diego, CA 92117.