POCKETMEDI, INC. TERMS AND CONDITIONS
Welcome to the PocketMediEffective Date: November 18, 2010
• Care Social
Module allows users to share pictures, videos and messages with friends, Post public and private messages. Post messages to specific friend. Allows users to add
friends, view friendship request & create a support network. Manage, View & create events
• Family central Module
Notes and view notes to help communication and family centered care program, Blogs, & discussion board, Chatting Channels, andManaging your health care team
o Create localized echo systems for hospitals and non profits where people will be able to view other public profiles
• Hospital Central
o Hospital Services, Medicine Manager, Blogs and articles
• Hospital Layout
o Hospital Layout, Hospital staff and add staff etc.
You can register by visiting the PocketMedi.com homepage and clicking on the "register" button, or by downloading one of the Mobile Applications and clicking the register button. Once registered, You can become a regular user. Before You make a post in any publicly-visible part of the Application, You will be required to create a display name. You may not use a display name that is vulgar, attempts to impersonate another person, or otherwise violates any of the Terms and Conditions and/or the rights of others. Registered users are sometimes referred to as “Members or Community.
F. We Do Not Provide Medical AdviceTHIS APPLICATION AND THE SERVICES OFFER OBTAIN INFORMATION ABOUT HEALTH, A TOOL TO HELP WITH THE PATIENT’S CARE, AND EMOTIONAL SUPPORT FOR PATIENTS AND THEIR FAMILIES. AS SUCH, THEY ARE DESIGNED FOR EDUCATIONAL AND RECREATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR CAN IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR THE HEALTH OF YOUR ANY OF YOUR FAMILY MEMBERS, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH-RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE. THE USE OF ANY INFORMATION PROVIDED ON THIS APPLICATION IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE OF ANY SORT. DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL INFORMATION THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED IN THIS APPLICATION WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL. Your access or use of this Application and the Services does not create in any way a physician/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part or the part of our suppliers. We do not recommend or endorse any specific tests, physicians, procedures, opinions, or other information that may appear on the Site. If You rely on any of the information provided by this Application, its employees, or its guests or visitors, You do so solely at your own risk.
G. Your Use of ContentAll of the Application content ("Content") available on the Application is owned by us, our suppliers, and our contributors, and is protected by international treaties, copyright, trademark, and other laws and may have security components that protect digital information. We give You permission to use the Content for personal, non-commercial purposes only. You may also print, download, and store articles and other information for your own convenience, but You may not distribute, republish, sell, mine, exploit, frame or scrape any of the Content, or exploit the Content for commercial gain. Email us at admin@PocketMedi.com for information on how You can request limited permission to reproduce certain Content from the Site.
H. Links to Other SitesThe Site may include links to other websites, including links that may be provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only and do not mean that We endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other sites. Members are advised to donate to charities and other third parties at their own risk. PocketMedi and CO is not responsible for donation requests or payment links posted by Members and expressly disclaims any liability related to donation links on any portion of the Site.
I. Linking To the SiteYou generally do not need to obtain permission from us to put a text link on your site that links back to the PocketMedi.com website. We reserve the right, however, to revoke permission to the link at any time in our sole discretion. If we revoke such consent, You agree to immediately remove and disable any and all of your links to the Site. In the absence of a written agreement with us specifying how You may link to the Site, use the following guidelines for adding one or more links to the Site from your website: The link must be a text-only link that clearly includes the phrases "PocketMedi.com" or "PocketMedi". The link must "point" to a page on www.PocketMedi.com If the link points to any page on the Site other than the home page, the text link must also include the title of the target landing page. For example, if the link points to the "Connect" area of the Site, the link should include the words "Connect - PocketMedi" The link, when activated by a user, must display the Site full-screen and not within a "frame" on the linking website, and such linking may not trigger any interstitial or pop-up or pop-under windows. The link may not be used in connection with or appear on a website that a reasonable person might consider offensive, obscene, defamatory or otherwise malicious.
JJ. AdvertisingWe accept advertising that complies with our Policy. Please keep in mind that any dealings that You have with advertisers found on the Site are between You and the advertiser and You acknowledge and agree that neither We nor our suppliers are liable for any loss or claim You may have against an advertiser.
J. Changes to the Site and ServicesWe may from time to time modify the Application, add new Services, substitute a new Service for an existing Service, or discontinue an existing Service. Information about new Services will be included on the Site, and, unless otherwise indicated, the use of new Services will be governed by these Terms and Conditions.
K. Additional TermsCertain Services offered by the Application may have additional terms (such as policies, guidelines, and rules) that will further govern your use of that particular Service and that supplements these Terms and Conditions. If You choose to register for or access any such Service, You will be presented with any relevant additional terms and conditions at that time. By using those Services, You agree to comply with such additional guidelines and rules.
L. Special Note for ParentsThis site is a general audience site and not designed or intended to attract children who are 13 years or younger. We do not collect personal information from any person we actually know is 13 or younger. Parents and guardians permitting those children who are 13 years of age or younger to use the Site, should be aware that any information voluntarily given by children in chat sessions, email exchanges or message boards may be viewed by third parties. If You have any questions regarding children's privacy, please send an email to admin@PocketMedi.com.
M. Changes to These Terms and ConditionsWe may change these Terms and Conditions, if, as and when we deem appropriate. If we make changes that we believe will have a material impact on your use of the Application, we will let You know by sending You an email if we have a current email address for You, and by noting on the Site that the Terms and Conditions have been updated. If You disagree with or object to the changes to these Terms and Conditions, you may discontinue your use of the Site, or if You have registered as a member, cancel your registration. Otherwise, your ongoing use of the Site after the changes take effect signifies your agreement to the new terms. We encourage You to review the Terms and Conditions regularly.
N. Restrictions on useTo help ensure that everyone's experience on the Site is a positive one, we have certain rules of conduct which we expect You to follow, and the violation of which will subject you to immediate termination without notice. You agree You will:
• not Post any material that might infringe the intellectual property, privacy, publicity or other proprietary rights of anyone else, or be defamatory, libelous, threatening, or harassing;
• not impersonate, bully or intimidate any other party;
• not Post any false or intentionally misleading information;
• Not violate these Terms and Conditions;
• Post any obscene or otherwise objectionable material, including but not limited to any pictures of children which could be considered pornographic or even inappropriate in any way;
• not use contact information provided by our users, or harvest information about our users, for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications such as SPAM or SPIM;
• not interfere or attempt to interfere with or disrupt the Application's Services or systems, or in any manner hinder or damage the commercial operations of the Site or any component part thereof;
• not transmit or post any materials that contain viruses, Trojan horses or other harmful programs;
• not attempt to gain unauthorized access to the Application or profile information on any PocketMedi website;
• not provide false information on your registration form, impersonate any person or otherwise mislead any other person or entity, including any other user Us;,;
• not use any robot, spider, scraper or other automated means to access the Application in a manner that sends more request messages to our servers in a given period of time than a person can reasonably produce in the same period. If You are public search engine, however, You may use spiders to copy materials on the Public areas of the Application solely as necessary to create publicly available searchable indices of the Public materials. Public Search Engines may not create caches or archives of such materials.
O. REMEDIESWe may take any legal steps and/or technical remedies necessary in our sole discretion to prevent the violation of the foregoing provisions and to enforce these Terms and Conditions.
P. International UseThe Application and Services, including the information provided on the Application, are designed for and intended for users in North America. We make no representation that the Application or Services are applicable to, appropriate for, or available to users in locations outside North America. Accessing the Application and Services from territories where the content is illegal is prohibited. If You choose to access the Application and Services from a location outside the U.S., You do so on your own initiative, and are solely responsible for compliance with local laws and .all liability therefore. You agree to Indemnify (as defined below) Us for any violation by You of this provision.
Q. We Make No WarrantiesYOU AGREE THAT YOUR USE OF THE APPLICATION AND ITS SERVICES SHALL BE AT YOUR SOLE RISK. WE PROVIDE THE APPLICATION AND THE SERVICES "AS IS". TO THE FULLEST EXTENT PERMITTED BY LAW, POCKET MEDI AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SPONSORS AND AGENTS) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE APPLICATION, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SECURITY AND COURSE OF DEALING.WE DO NOT MAKE AMY WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS APPLICATION'S CONTENT OR THE CONTENT OF ANY APPLICATIONS LINKED TO THIS APPLICATION AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, INACCURACIES OR LOSS OF DATA OR CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE APPLICATION, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE COMPANY'S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION IN THE SERVICES OR THE APPLICATION, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR OTHER HARMFUL PROGRAMS TRANSMITTED THROUGH THE APPLICATION; AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR POSTINGS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR POSTINGS ON THE APPLICATION. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED OR ADVERTISED BY A THIRD PARTY THROUGH THE APPLICATION. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS CONTRACT CANNOT CHANGE. YOU USE THE APPLICATION AND THE SERVICES AT YOUR OWN RISK.
R. Limitation of LiabilityNOR CO WE WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS APPLICATION, OR A LINKED APPLICATION, INCLUDING ANY DELAY OR INABILITY TO USE THE APPLICATION OR LINKED APPLICATION, EVEN IF WE WERE MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE BE LIABLE FOR THE PROCUREMENT OF SUBSTITUTE SERVICES. THE CUMULATIVE AMOUNT OF OUR LIABILITY TO YOU, NO MATTER THE NATURE OF YOUR LEGAL OR EQUITABLE CLAIM, WILL NOT EXCEED $20. THESE LIMITATIONS ON LIABILITY INCLUDES, BUT ARE NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT YOUR EQUIPMENT, FAILURE OF EQUIPMENT OR COMMUNICATION LINES, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. ALTHOUGH WE WILL USE COMMERCIALLY REASONABLE EFFORTS TO ADDRESS ANY PROBLEMS OR CONCERNS REGARDING THE APPLICATION OR THE SERVICES, IF YOU CONTINUE TO BE DISSATISFIED WITH THE APPLICATION OR SERVICES OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR ONLY REMEDY IS TO DISCONTINUE USING POCKETMEDI.COM AND TERMINATE YOUR REGISTRATION.
S. TerminationWe may terminate and/or suspend Your registration immediately, without notice, if there has been a violation of these Terms and Conditions or other policies and terms posted on the Services by someone using your Credentials. We may also cancel or suspend your registration or your PocketMedi Application, for any other reason or for no reason, in our sole discretion, including inactivity for an extended period, but will attempt to notify You in advance of such cancellation or suspension. We may terminate the Application, the Services, or any Service, at any time, without notice. You acknowledge that the Services may not be error-free, may be disrupted, and that We are not liable for the same. Your right to use the Services will end once your registration is canceled or terminated, and any data You have stored on such a Service may be unavailable later, unless we are required to retain it by law. You may terminate your registration by contacting PocketMedi customer support at admin@PocketMedi.com.
T. IndemnificationYou agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, and suppliers, from all liabilities, claims, and expenses, including attorney's fees (“Indemnify”) that arise from your use or misuse of the Site and the Services or any breach by You of these Terms and Conditions. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by You, in which event You will cooperate with us in asserting any available defenses.
U. Electronic Contracting and NoticesYour affirmative act of using this Site and/or registering for the Site or Services constitutes your electronic signature to these Terms and Conditions and your consent to enter into agreements with us electronically. You also agree that we may send to You in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Services (collectively, "Notices"). We can send You electronic Notices (1) to the email address that You provided to us during registration, or (2) by posting the Notice on the applicable Service or otherwise through the Site. The delivery of any Notice from us is effective when sent by us, regardless of whether You read the Notice when You receive it or whether You actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the applicable Service. In order to receive Notices electronically, You must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), and a Windows-based operating system with an Internet browser or a Macintosh-based operating system with an Internet browser. You will need a printer attached to your personal computer to print any Notices. You can retrieve an electronic copy and a printable version of this contract by clicking on the "Terms and Conditions" link on any web page that hosts any of the Services. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.
V. Entire AgreementThis contract and any supplemental terms, policies, rules and guidelines posted on the Application and the Services constitute the entire agreement between You and us and supersede all previous written or oral agreements. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
W. Dispute ResolutionIN ORDER TO EXPEDITE AND CONTROL THE COST OF DISPUTES YOU AND WE AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS, THE SITE OR THE SERVICES WILL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION IN CALIFORNIA IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ANY SUCH CONTROVERSY OR CLAIM WILL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND WILL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. YOU MAY NOT ACT AS A REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. THE TERMS AND CONDITIONS WILL BE CONSTRUED IN CONFORMANCE WITH THE LAWS OF CALIFORNIA (EXCLUDING ANY CONFLICT OF LAW PROVISIONS) AND JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED INTO ANY COURT HAVING JURISDICTION. IN THE EVENT THAT YOU PREVAIL IN ANY ARBITRATION, WE WILL PAY THE ADMINISTRATIVE COSTS OF ARBITRATION (I.E., THE COSTS OF THE ARBITRATOR, BUT NOT YOUR ATTORNEYS' FEES). YOU WAIVE THE DEFENSE OF FORUM NON CONVENIENS AND ANY RIGHTS YOU MAY HAVE UNDER THE LAWS OF JURISDICTIONS EXCEPT CALIFORNIA. NOTWITHSTANDING THE FOREGOING, ARBITRATION WILL NOT BE REQUIRED FOR ANY MATTER RELATED TO OUR INTELLECTUAL PROPERTY OR ANY CLAIM FOR INJUNCTIVE RELIEF.
X. AssignmentWe may assign this contract at any time to our parent Content Orchestration LLC, any subsidiary or affiliated company or as part of the sale to, merger with, or other transfer of our company to another entity or to an entity that purchases all or substantially all of our assets. We will post a notice on the Site regarding any change of ownership so that You have the opportunity to discontinue your use of the Site or cancel your registration if You do not wish to continue to use the Site and Services under the new ownership. You may not assign this contract to any one else.
Y. Procedures for Making Claims of Copyright InfringementWe respect the intellectual property of others, and we ask our suppliers and those posting to this Site to do the same. If You believe that your copyrighted work has been copied and is accessible on this Site in a way that constitutes copyright infringement, You may notify us by providing our copyright agent with the following information:
1. The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.
2. A description of the copyrighted work that You claim has been infringed and a description of the infringing activity.
3. Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published.
4. Identification of the URL or other specific location on this Site where the material that You claim is infringing is located; You must include enough information to allow us to locate the material.
5. Your name, address, telephone number, and email address so that we may contact You.
6. A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
7. A statement by You, made under penalty of perjury, that the above information in your Notice is accurate and that You are the copyright owner or are authorized to act on the copyright owner's behalf.
Our agent for notice of claims of copyright infringement on this Site can be reached as follows: By email:copyright@PocketMedi.com This contact information is only for reporting copyright infringement.
Z. TrademarksAll trademarks appearing on the Services are the property of their respective owners, including, without limitation, the Company. No right, license or interest to such trademarks is granted to any party by this Agreement.
AA. LEGAL COMPLIANCEYou agree to comply with all applicable laws, statutes, ordinances and regulations regarding the Services.
BB. BEST PRACTICES GUIDELINESContact the Company at email@example.com for a copy of these.
CC. SURVIVALThe following sections shall survive any termination or expiration of this Agreement: Sections III D-G, H, Q-R, V-X, Z, and any other provision which would ordinarily survive such terminantion.
DD. NOTICESExcept as explicitly stated otherwise, any notices shall be given to the email address you provide to the Company (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.
EE. SERVICESThe Services hereunder are offered by POCKETMEDI, INC., with an email address as follows: Admin@POCKMEDI.COM. The Services are described above in Section III of these Terms and Conditions. Pocketmedi, Inc. does not currently charge for its Services, but reserves the right to do so at any time in the future. Pocketmedi, Inc. does not sell goods and has no returns policy as a result. Any future charges for Services will be non-refundable, however