PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING MPOWERED HEALTH'S PLATFORM & SERVICES.
1. Registered users:
a. You must be a natural person who is 18 years or older and lives in the United States to become a registered user ("User")
b. If you live in the United States and are between 13 and 18 years old, you may maintain an account with the consent of your parent or legal guardian
c. The Platform and Services are not intended for children under the age of 13. If you are under 13 years of age, please do NOT use or access the Platform at any time or in any manner. By using the Platform, you affirm that you are over the age of 13 and have the legal authority to create an account. Mpowered Health does not seek, through the Platform, to gather personal information from or about persons under the age of 13 without the consent of a parent or guardian.
d. You can register for an Mpowered account by providing a verifiable email address and/or phone number at signup and completing the signup process
e. You cannot have more than one Mpowered account
f. Accounts registered by bots or other automated methods are not permitted
2. Access to your Personal Health Information ("PHI")
a. Your Mpowered account credentials cannot be used by anyone else other than you
b. You are responsible for protecting your Mpowered account credentials
c. You may at your discretion, provide or revoke consents to other registered users, people or organizations such as physicians, insurers (individually or collectively "Authorized Users") to access some or all of your PHI. By providing such consents, you are authorizing such users to access your PHI. If you are a legal minor, then only your parent or legal guardian may be able to provide or revoke such consents.
d. By creating an Mpowered account and using its Platforms & Services, you hereby agree and designate Mpowered Health to be your Personal Health Record ("PHR") and grant Mpowered Health all rights and permissions necessary to request & obtain your PHI from other third parties that you designate OR seek services from on the Platform.
e. By creating an Mpowered account, you consent to Mpowered Health's access to your Personal Health Information for purposes of providing and enhancing Services and to ensure compliance with applicable laws
3. You represent and warrant that
a. You are at least eighteen (18) years of age OR if you are between 13 and 18 years of age, you have the necessary consent(s) from your parent(s) / legal guardians to create this account
c. You will not misrepresent your identity or affiliation in any way, including but not limited to impersonating someone else while creating an Mpowered account
d. The information you have provided to Mpowered Health in your registration and profile is accurate and complete
e. You will not provide false information. If any information you provide to Mpowered Health becomes inaccurate, incomplete or otherwise false or misleading, you will immediately update your record and/or notify Mpowered Health as appropriate
f. You will not transfer your account to somebody else
g. You will comply with any and all laws applicable to your use of the Platform and Services
h. You will not interfere with a third party's use and enjoyment of Platform and Services, including restricting or inhibiting any other person from using the Platform and Services
i. You will not use your Mpowered account, Platform and Services to harm others
j. You will not try to access, view or use another person's health information unless you are authorized by that person to do so. You will not collect, disclose or use personal information of others that you obtained from the Platform in violation of rights, permissions or consents governing that information.
k. You will not (i) breach, hack, circumvent, interfere with or disrupt Mpowered Health's or its vendors' security or authentication measures; or (ii) assist or permit any persons in engaging in any of the activities described above
l. You are accessing the Services for yourself or a child under the age of eighteen for whom you are the legal guardian or an individual for whom you have the necessary legal rights and consents to seek care
m. You will not use the Platform or Services for any purpose, including but not limited to competitive purposes, other than set forth in this Agreement
4. You agree not to
a. Send or otherwise transmit to or through the Platform any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any unsolicited advertising, solicitation or promotional materials; and any material that can cause harm or delay to the Platform, other Users and parties using the Platform
b. Reverse engineer, disassemble or decompile any section or technology on the Platform, or attempt to do any of the foregoing: (i) Gain unauthorized access to the Platform, to other users' accounts, names, personally identifiable information or other information, or to other computers or websites connected or linked to the Platform; (ii) Launch or use any automated system, including without limitation, "robots" , "spiders", or "offline readers", that access the Platform in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser or mobile application; (iii) Send or otherwise transmit to or through the Platform chain letters, unsolicited messages, so-called "spamming" or "phishing" messages, or messages marketing or advertising goods and services; (iv) Post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment; (v)Violate any applicable laws or regulations in any way; (vi) Alter or modify any part of the content or services offered on or through the Platform
5. Intellectual Property Rights
a. Mpowered Health(TM) is the sole and exclusive owner of the Platform and Services, including any and all software, documentation website(s), mobile apps, Platforms & Services, copyright, patent, trademark, trade secret and other ownership and intellectual property rights, in and to the Platform and Services, and any related materials and documentation. Any materials created and published by Mpowered Health are protected by copyright law and other relevant Intellectual Property Rights of Mpowered Health. No title or ownership of the Platform or Services or any portion thereof is transferred to you hereunder. Mpowered Health reserves all rights not expressly granted hereunder. You agree not to change or delete any copyright or proprietary notice related to materials downloaded from the Platform or Services
b. If any portion or all of the Mpowered Health's Intellectual Property used in delivering the Platform and Services to registered Users become, or in its opinion are likely to become, the subject of a claim of infringement by a third party, Mpowered Health, at its sole option and expense, may do any of the following: (i) procure for Users the right to continue using the said part of the Platform or Service; (ii) replace or modify the infringing portion so that they become non-infringing; or (iii) cease the provision of, or access until such infringement issue can be resolved
c. Products, services, branding marks and trademarks of third parties may be the property of such third parties or protected by Intellectual Property or License Rights in favor of such third parties and Mpowered Health does not purport to license or otherwise grant rights to the use of the same
d. You own all your personal health information that you provide and you hereby grant to Mpowered Health, at no cost, the right to use the information in delivering the Services to you in compliance with all applicable laws.
e. Mpowered Health shall own any and all other information and data, including any de-identified and/or aggregated data. Examples of data owned by Mpowered Health include consumer ratings information, details of award points, responses to surveys etc. Examples of de-identified and / or aggregated data may include data we generate such as average ratings for a provider by a pool of consumers or the average cost of a procedure. We use this information to help all consumers including yourself to make better choices and reduce your costs, while helping payers & providers better serve you.
f. You may provide input, comments or suggestions regarding the Platform or Services ("Feedback"). (Examples of Feedback are: your description of a functionality you desire to see in the Platform, your opinion of a capability we deploy, ratings you provide regarding a provider or service, your responses to surveys or questionnaires). You acknowledge and agree that Mpowered Health may use any Feedback without any obligation to you and you hereby grant Mpowered Health a worldwide, perpetual, irrevocable, royalty-free, transferable license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Feedback as Mpowered Health may deem appropriate, without restriction, for any and all commercial and/or non-commercial purposes, in its sole discretion.
7. Partner Services & External Links
c. Mpowered Health shall not be held liable for your use of Partner Services irrespective of whether you paid fees or not for such Partner Services. Mpowered Health disclaims any and all liability for any information, including but without limitation, any medical and health treatment information provided by Partners
8. No Endorsements or Recommendations
a. Reference to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark, service mark, company name or otherwise, does not constitute or imply the endorsement or recommendation of such by Mpowered Health. Any views expressed by third parties on the Platform or Services are solely the views of such third party and Mpowered Health assumes no responsibility for the accuracy or veracity of any statement made by such third party
b. No part of our Platform or Services including any content should be considered medical advice, or a recommendation or a representation or warranty that any particular medication, treatment or course of action is safe, appropriate or effective for you
a. We at Mpowered Health recognize your right to confidentiality and are committed to protecting your privacy. We operate under the following set of strict privacy principles: (i) We will not seek or share your Personal Information from with any other individual or party without your explicit consent or permission; Personal Information includes any Personally Identifiable Information or Personal Health Information (ii) Mpowered Health employs strict administrative, technical, and physical security measures to safeguard all personal information including but not limited to online transactions (iii)Non-identifiable and statistical information about our Users may be shared with other parties.
a. Mpowered Health has proper administrative, physical, and technical security measures in place to protect the loss, misuse and alteration of the information under our control. Mpowered Health employs strict security measures to safeguard on-line transactions; personal information is stored in a secured database
11. Award Points Program
a. Mpowered Health may at its sole discretion either directly or through its Partners provide incentives such as award points to users as part of its Award Points Program outlined in this section
b. Mpowered Health may at its sole discretion change the terms and conditions of this program at anytime, with immediate effect and without notice
c. All Users are automatically eligible for award points upon creation of the Mpowered account.
d. Users may accumulate points and the total points available to them will be displayed in their account
e. Users may redeem their points for gift cards, payment of healthcare bills, donation to charities or other options available to them at that the time of redemption. The list of available redemption options may change at anytime
f. Redemption is allowed only if Users meet the age, available points, minimum points redeemed and other redemption criteria required for a redemption option
g. Mpowered Health shall determine the monetary value if any of the award points at redemption
h. Award points are not an indicator of monetary value and are not a promise of current or future payout to the User
i. If the total monetary value of the User's points redeemed in a given year using redemption options considered taxable by the IRS exceed $600 (or the applicable limits for the year as specified by IRS), then Mpowered Health shall issue a form 1099-MISC to such User
j. Mpowered Health points do not expire
k. Partner points may have additional terms such as an expiry date and limited use. The terms of such Partner points shall be determined by the Partner in its sole discretion
l. If the User gets a refund on a Partner Service and payment for such Partner Service was originally made wholly or partly using award points, then the refund shall (i) be first used to replenish the award points used to pay for that service at the same exchange rate as the original payment (ii) then the remaining amount shall be refunded to the User's payment method originally used to pay for the Partner Service or if such payment method is no longer active, refund shall be tracked as credits to be used for future payments
12. Indemnification and Limitation of Liability
b. IN NO EVENT SHALL ANY OF THE MPOWERED HEALTH PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OF USE, LOSS OF PROFITS, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PLATFORM OR SERVICES OR THE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY SUCH PRODUCTS, GOODS, OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
c. Mpowered Health shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond Mpowered Health's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation
a. The Platform and Services are provided on an "as is" and "as available" basis and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Mpowered Health disclaims all representations, warranties, and conditions, express or implied, including, but not limited to, implied condition or warranties of merchantability and fitness for a particular purpose. Mpowered Health does not warrant that the Platform or Services will be uninterrupted or error-free, that defects will be corrected or that the Platform or the server that makes Services available are free of viruses or other harmful components
b. Mpowered Health makes no guarantees, and disclaims any implied warranty or representation about its accuracy, relevance, timeliness, completeness, or appropriateness of any content posted on the Platform or Service for a particular purpose. Mpowered Heath assumes no liability arising from or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Websites and/or Platforms
14. Personal Information
b. You agree that Mpowered Health has the right to monitor and review your use of the Platform and Services from time to time, and to use "cookies", "log files" and your "browsing data" for delivering the Service
c. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
k. English shall be the language of these Terms and the Parties waive any right to use and rely upon any other language or translations