Terms of Use
THIS IS A LEGAL AGREEMENT (“AGREEMENT”) BETWEEN YOU AND RAREMD. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE CONTINUING TO REGISTER FOR AN ACCOUNT. BY SELECTING “I HAVE READ AND AGREE TO RAREMD’S TERMS OF USE,” 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 HAVE READ AND AGREE TO RAREMD’S TERMS OF USE” AND DISCONTINUE YOUR REGISTRATION.
1. BINDING EFFECT
This is a binding agreement regarding the Internet site located at URL http://www.raremd.com (“Home Page”) and all subsidiary pages under the raremd.com domain, including all RareMDx™ service pages (“Site Pages” and collectively with the Home Page, the “Website”) and all functionality and tools provided in connection with the Website, including the database of rare diseases and associated clinical features (the “Service”). You agree to abide by these Terms of Use, as they may be amended by RareMD Inc. (“RareMD”) 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.
2. PRIVACY POLICY
Your use of the Service 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.
3. 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. You are entirely responsible for maintaining the confidentiality of your password. You agree to notify RareMD immediately on any unauthorized use of your account, user name, or password. RareMD 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.
4. USER LICENSE
A) Subject to your compliance with all your obligations hereunder, RareMD grants you a limited, terminable, personal, non-exclusive license to access the Website and use the Service and the predicted disease data therein, as a research tool to supplement your independent medical evaluations. Your license to access the Website and use the Service 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.
5. PROHIBITED USES
RareMD imposes 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 Service itself as published and distributed on the Website. In addition, you are prohibited from; (a) using any of the clinical features or predicted rare diseases as a diagnostic tool 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 Service 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; or (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. Any violation of system or network security may subject you to civil and/or criminal liability.
6. COPYRIGHTS
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.
7. NO WARRANTIES
RAREMD IS MAKING THE WEBSITE, THE SERVICE AND ALL CONTENTS, INCLUDING ALL DATA, REPORTS AND ANALYSIS, AVAILABLE “AS IS” 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 SERVICE 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. YOU ADDITIONALLY ACKNOWLEDGE AND AGREE THAT THE SERVICE PROVIDES MEDICAL PROFESSIONALS WITH ACCESS TO RARE DISEASE CLINICAL FEATURE ASSOCIATIONS AND DOES NOT UNDER ANY CIRCUMSTANCE PROVIDE MEDICAL ADVICE, DIAGNOSIS, ASSESSMENT, TREATMENT, OR RECOMMENDATIONS FOR TREATMENT OR REPLACE THE INDEPENDENT JUDGMENT OF A MEDICAL PROFESSIONAL.
8. LIMITED LIABILITY
RAREMD’S LIABILITY TO YOU IS LIMITED. 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.
9. 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.
10. 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.
11. 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. 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.
12. NOTICE FOR CALIFORNIA CONSUMERS
Under California Civil Code Section 1789.3, users of the Service 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.
13. 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 following notice of any revision, you shall abide by any such revision.
14. ACKNOWLEDGEMENT
REGISTERING FOR, ACCESSING, BROWSING OR USING THE 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.