Terms of Use
Last Updated: March 1, 2024
This is a binding agreement regarding the Internet site located at URL http://www.raremd.com and all subsidiary pages under the raremd.com domain, including all RareMDx™ service pages (collectively, the “Website”) and all functionality and tools provided in connection with the Website, including the database of rare diseases and associated clinical features (the “Services”). You agree to abide by these Terms of Use, as they may be amended by RareMD Inc. (“RareMD”, “we”, “our”, “us”) from time to time in its sole discretion. RareMD will post a notice on the Website any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Website and cease all use of the Website. Your continuing use of the Website and Services signifies your agreement to the Terms of Use as posted at that time.
THESE TERMS OF USE (“TERMS OF USE”) ARE A LEGAL AGREEMENT (“AGREEMENT”) BETWEEN YOU AND RAREMD. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE CONTINUING TO REGISTER FOR AN ACCOUNT OR SUBSCRIBE TO ANY OF OUR SERVICES. BY SELECTING “I AGREE” DURING THE REGISTRATION PROCESS, YOU ARE AGREEING TO BE BOUND BY, AND ARE BECOMING A PARTY TO, THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT SELECT “I AGREE” AND DISCONTINUE YOUR REGISTRATION.
SUBSCRIPTIONS ENTERED INTO IN CONNECTION WITH THE SERVICES WILL AUTOMATICALLY RENEW. PLEASE SEE SECTION 4 FOR MORE DETAILS.
- WEBSITE AND SERVICE CONTENT
YOU ACKNOWLEDGE AND AGREE THAT YOU USE THE WEBSITE AND SERVICES AT YOUR OWN RISK. THE WEBSITE AND SERVICES ARE NOT DIAGNOSTIC BUT CAN BE REGARDED AS A “HYPOTHETICO-DEDUCTIVE METHOD” IN THE SENSE THAT THE SUGGESTED CANDIDATE DISEASES CAN BE VIEWED AS PREDICTIONS THAT REQUIRE FURTHER DISEASE-SPECIFIC TESTING TO CONFIRM A DIAGNOSIS. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES PROVIDE MEDICAL PROFESSIONALS WITH ACCESS TO RARE DISEASE CLINICAL FEATURE ASSOCIATIONS FOR INFORMATIONAL PURPOSES TO PROMOTE BROAD MEDICAL/CONSUMER UNDERSTANDING AND KNOWLEDGE ABOUT RARE DISEASES. THE WEBSITE AND SERVICES DO NOT UNDER ANY CIRCUMSTANCE PROVIDE MEDICAL ADVICE, DIAGNOSIS, ASSESSMENT, TREATMENT, OR RECOMMENDATIONS FOR TREATMENT OR REPLACE THE INDEPENDENT JUDGMENT OF A MEDICAL PROFESSIONAL. ESTABLISHING A DIAGNOSIS REMAINS THE SOLE RESPONSIBILITY OF THE MEDICAL PROFESSIONAL.
NONE OF THE CONTENT ON OR AVAILABLE THROUGH THE WEBSITE OR SERVICES REPRESENTS OR WARRANTS THAT ANY PARTICULAR THERAPEUTIC OR TREATMENT IS SAFE, APPROPRIATE OR EFFECTIVE. THE CONTENT AVAILABLE ON AND THROUGH THE WEBSITE AND SERVICES HAS NOT BEEN REVIEWED OR APPROVED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION OR ANY OTHER GOVERNMENTAL AGENCY IN ANY JURISDICTION.
WE DO NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS, SUPPLIERS OF THERAPEUTICS OR TREATMENTS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON OR THROUGH THE WEBSITE OR SERVICE. RELIANCE ON ANY INFORMATION PROVIDED BY RAREMD IS SOLELY AT YOUR OWN RISK.
ANY PERSON SEEKING INFORMATION ABOUT A DISEASE, SYNDROME, OR CONDITION SHOULD ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER AND NOT DELAY IN SEEKING IT BECAUSE OF SOMETHING READ ON OUR WEBSITE OR THROUGH OUR SERVICES.
- PRIVACY POLICY
Your use of the Services will require that you provide personally identifying information. A complete statement of RareMD’s current privacy policy can be found by clicking here. RareMD’s privacy policy is expressly incorporated into these Terms of Use by this reference.
- ACCOUNT REGISTRATION
You are required to sign up and open an account in order to use all the features of the Service. You must complete the registration process by identifying if you are a healthcare provider and providing the complete and accurate information requested on the account registration form. Your account is personal to you and you shall not share your account with any other person. You are entirely responsible for maintaining the confidentiality of your password. You agree to notify us immediately of any unauthorized use of your account, user name, or password. We shall not be liable for any unauthorized use of data or loss incurred as a result of someone else using your password, either with or without your knowledge.
- SUBSCRIPTIONS
We may provide the Services through paid accounts, such as by offering a monthly or annual subscription. The details of our subscription plans can be found at https://raremd.com/raremdx/. Subscriptions are for a single user and, if you sign up for a subscription, you must not share your account or subscription with another person.
Payment for subscriptions are due in advance. We may store and continue billing your payment method (e.g., credit card) even after it has expired, to avoid interruptions in your Services. If you purchase a subscription, we will automatically charge your payment method at the start of each subscription period for the fees and taxes applicable to that period. To avoid getting charged for another billing cycle, you must cancel your subscription at least one day before your next scheduled billing date. To cancel your subscription you can email us at [email protected].
We may increase or otherwise change the fees at any time, in our sole discretion, by providing you with written notice (which may be by email or another conspicuous method) and any such change will be effective if/when the term of your subscription renews. If you fail to pay any amount when due we retain the right to suspend your access to the Service. All payments by you are nonrefundable. You have no right to refunds or credits if you do not use (either wholly or in part) the Website and/or Services.
- TREATING PHYSICIANS ACCESS
At our sole discretion, we may make access to the Services available to physicians who are treating individuals who have used our RareLook™ services, who received a “Letter To Treating Physician” from such an individual, and want to redeem our offer to receive the Services (a “Treating Physician”). Your right to use the Services as a Treating Physician will begin on the date you sign up for the Services and will terminate immediately upon: (A) the end of six (6) months; (B) the date on which you purchase a subscription to use the Services or (C) the date on which we terminate your right to use the Services as a Treating Physician, which we may do at any time in our sole discretion; and unless you have purchased a subscription, you must immediately cease using the Services upon termination.
AS THE SOLE CONSIDERATION FOR RECEIVING SERVICES AS A TREATING PHYSICIAN, YOU AGREE TO PROVIDE US WITH A DE-IDENTIFIED TESTIMONIAL (a “Testimonial”) IF THE USE OF THE SERVICES CONTRIBUTED TO A CONFIRMED DIAGNOSIS FOR YOUR PATIENT DURING A PERIOD OF TWELVE (12) MONTHS FOLLOWING THE DATE YOU STARTED USING THE SERVICE.
- USER LICENSE
Subject to your compliance with all your obligations hereunder, we grant you a limited, terminable, personal, non-exclusive license to access the Website and to use the Service, and the predicted disease data therein, as a research tool to supplement, but not to replace, your independent medical evaluations. Your license to access the Website and use the Services is limited to access and use of the features through your web browser in a live session and you are expressly prohibited from screen scraping, data download or other data collection methods of the rare diseases and associated clinical features. Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always with RareMD.
By using the Website and Services, you acknowledge and agree that we may monitor any activity and use the results of such monitoring without limitation, subject to applicable law.
- PROHIBITED USES
We impose certain restrictions on your permissible use of the Website and the Service. You are prohibited from violating or attempting to violate any security features of the Website or Service, including, without limitation, accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access or attempting to or accessing content other than through the Services as published and distributed on the Website. In addition, you are prohibited from: (a) interpreting the predicted rare diseases as a confirmed diagnosis or as a substitution of independent medical judgment of a medical professional; (b) attempting to distribute or redistribute in any manner any part of the Services or the content therein, including, but not limited to, the clinical feature associations with rare diseases and any other compilations generated by use of the Service, without RareMD’s express prior written approval; (c) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by RareMD in providing the Website or Service; (d) sharing your account information or your subscription with another person; or (e) providing information, data or any other content with the intent to deceive or mislead others;. Any violation of system or network security may subject you to civil and/or criminal liability.
- COPYRIGHTS AND INTELLECTUAL PROPERTY
All contents of the Website, including all algorithms, compilations and clinical feature associations are: Copyright © 2017 RareMD Inc., all rights reserved. You agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit or transfer for any purposes, any portion of the Website or the Service.
To use the Service, there is certain information you must provide and, further, you may be required to provide a Testimonial pursuant to the terms of Section 5 above. All the data, information and Testimonials you provide (“Contributed Data”) will be considered non-personal, non-confidential (except for personal information as described in our Privacy Policy) and nonproprietary. You represent and warrant that you have all the rights and permissions necessary to share the Contributed Data. You hereby grant us a perpetual, sublicensable, assignable, unrestricted, worldwide, royalty-free, irrevocable license to use, reproduce, display, perform, practice, modify, create derivative or collective works, transmit and distribute your Contributed Data, in whole or in part, and including all intellectual property rights therein.
- NO WARRANTIES
RAREMD IS MAKING THE WEBSITE, THE SERVICES AND ALL CONTENTS, INCLUDING ALL DATA, REPORTS AND ANALYSIS, AVAILABLE “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, RAREMD HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, THE SERVICES AND ALL CONTENTS, INCLUDING ALL DATA, REPORTS AND ANALYSIS INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RAREMD MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT (1) THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE CONTENT, INCLUDING ALL DATA, REPORTS AND ANALYSIS PROVIDED ON OR THROUGH THE USE OF THE WEBSITE OR SERVICE, (2) THE SATISFACTION OF ANY GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS MENTIONED THEREON OR (3) THAT USE OF THIS WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, SERVICES OR THE TECHNOLOGY THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- LIMITED LIABILITY
YOU AGREE THAT RAREMD SHALL NOT BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THE WEBSITE, THE SERVICES OR THE CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL RAREMD BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO, USE OF OR RELIANCE ON ANY RARE DISEASE CLINICAL FEATURE ASSOCIATIONS OR ANY OTHER INFORMATION OR CONTACTS GENERATED BY USE OF THE SERVICE. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. THE TOTAL, CUMULATIVE, LIABILITY OF RAREMD, INCLUDING ALL AFFILIATES, AND OURS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $100.00. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND SERVICE.
Some jurisdictions do not allow limitations on implied warranties or certain liabilities, so one or more of the above limitations may not apply to you. Check your local laws for any restrictions regarding such limitations.
- INDEMNIFICATION
You agree to indemnify, defend, and hold RareMD (and its affiliated companies, contractors, employees, director, officers, agents, and suppliers, licensors and partners) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, brought by a third party arising out of or related to (i) your use or misuse of the Website or Services generally; (ii) any violation of the rights of any other person or entity by you; (iii) any breach or violation by you of these Terms of Use. RareMD reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
- COMPLIANCE WITH LAW
RareMD is based in California, in the United States of America. You may see information on or through this Website or Services about providers of products, treatments and therapies where such products, treatments and therapies are not available or authorized, in your country. RareMD makes no claims that the Website, Services or their content are appropriate or may be downloaded outside of the United States. Access to the Website, Services or their content may not be legal by certain persons or in certain countries. If you access the Website or Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
- GOVERNING LAW
These Terms of Use shall be construed in accordance with and governed by the laws of the State of California, without reference to its rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in San Diego County, California, USA with respect to all disputes arising out of or related to your use of the Website.
- SEVERABILITY; WAIVER
If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
- GENERAL
Nothing contained on the Website should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by RareMD or by any third party. In the event a dispute arises regarding these Terms of Use or the use of this Website, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs incurred, in addition to damages and any other relief to which it is entitled. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Use without the prior written consent of RareMD, but RareMD may assign or transfer these Terms of Use, in whole or in part, without restriction. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. RareMD may also provide notices to you of changes to these Terms of Use or other matters by displaying notices or links to notices generally on the Website. These Terms of Use, including the Privacy Policy, constitute the entire agreement between you and RareMD regarding the subject matter hereof. Provisions of these Terms of Use which expressly or, by the nature of their terms, are implicitly intended to survive termination or expiration of these Terms of Use shall survive such termination or expiration.
- NOTICE FOR CALIFORNIA CONSUMERS
Under California Civil Code Section 1789.3, users of the Services from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at 3220 Avenida La Cima, Carlsbad, CA 92009, or by telephone at (617) 697-6828.
- MODIFICATIONS
RareMD may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Website; and (c) discontinue the Website at any time. RareMD shall post any revision to these Terms of Use to the Website, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Website periodically to be aware of any revisions. You agree that, by continuing to use or access the Website or use the Services following notice of any revision, you shall abide by any such revision.
- ACKNOWLEDGEMENT
REGISTERING FOR, ACCESSING, BROWSING OR USING THE WEBSITE OR SERVICE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM. YOU MUST AGREE TO THESE TERMS OF USE IN ORDER TO SIGN UP AND USE THE SERVICE.