- Acceptance of Term of Service
MCR Services is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use MCR Services.
- Changes to the Terms of Service.
MCR reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement, or delete any of the terms and conditions of these Terms of Service, to change the Website or alter the Services at any time, including without limitation access policies, the availability of any feature of the MCR Services, hours of availability, content, data, software or equipment needed to access MCR Services, effective with or without prior notice. YOU ARE RESPONSIBLE FOR PERIODICALLY REVIEWING THIS TERMS OF SERVICE FOR ANY CHANGES. IF YOU CANNOT COMPLY WITH CHANGES TO THESE TERMS OF SERVICE, OR SUCH CHANGES ARE UNACCEPTABLE TO YOU, YOU MUST TERMINATE, AND IMMEDIATELY STOP USING THE MCR SERVICES. Your continued use of any aspect of the MCR Services following any revision to this Terms of Service constitutes your complete and irrevocable acceptance of this Terms of Service and any changes, amendments, or revisions to this Terms of Service.
III. Medication Call Reminder Services for Individual Subscribers
The Medication Call Reminder Services (“MCR Services” or “Services”) include any websites, applications, and other services under the control of Medication Call Reminder, whether partial or otherwise, in connection with providing an online or digital platform to enable subscribers to manage health information for themselves and/or another person whom they represent and collaborate with their health care provider. Services are provided by an automated Interactive Voice Response (“IVR”) to perform scheduled phone and text (SMS) message medication reminders, prescription refills, Check for Home Safety and Check for Wellbeing.
- Medical Advice.
We do not and will not provide medical advice. The Services may help you organize your health records and provide content for patient education. This content is not intended to offer professional advice, diagnosis, or treatment nor take the place of consultation with your health care provider. You assume full risk and responsibility for the use of medical information, including without limitation, condition, dose, medicine, and time(s) for when you take your medication.
- Sharing of Personal Information.
With your signed permission, (Insert Permission Form) we may share your Personal Information with the individual provided on the permission form and/or a healthcare provider. Your use of the MCR Services is at your own risk, including without limitation the risk that content that you or others contribute to your health record is inaccurate or unreliable or that your records may be misused or misappropriated by someone with whom you provide access.
- When you add a family member or Caregiver.
We may share information about you according to your End User Profile Settings in your MCR account. We are not responsible for the privacy practices or actions of any third party with whom you choose to share information. YOU ARE RESPONSIBLE FOR ALL PRIVACY PRACTICES OR ACTIONS OF ANY THIRD PARTY WITH WHOM YOU CHOOSE TO SHARE INFORMATION.
VII. With our vendors and service providers.
We may share any information we receive with vendors and service providers retained to help us provide or improve the MCR Services.
VIII. Individual Subscriber.
An “Individual Subscriber” refers to the person or designated caregiver who is paying the monthly subscription fee (“Subscription Fee”). The Individual Subscriber may make the payment on behalf of another, or payment may be made by the person who is receiving a medication reminder phone call or text (SMS) message (“End User”). The Individual Subscriber warrants that the account owner and/or designated caregiver has obtained or is authorized to accept, and provide factual and correct information about themselves and the End User. An individual must be 18 years or older to legally subscribe to MCR Services.
- Health Care Provider.
A “Health Care Provider” means a medical professional such as a physician, nurse, therapist, pharmacist, home health care aide, health insurance provider or similar third-party professional providing you medical care who is, if required, duly licensed, and who is paying the monthly subscription fee. This payment is respectively applied to a Health Care Provider’s patient, customer, client or member to receive automated scheduled medication reminder phone call or text (SMS) messages, Check for Wellbeing and Check for Home Safety.
Using MCR requires the creation of an End User Profile. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate. Should a change occur, you shall make a such change to your account immediately, but no later than 15 days thereafter. You are responsible for making changes and MCR has no liability for providing information or service pursuant to the information provided by you which is not up to date or accurate. If you are using your computer or mobile device which may have history, cookies, or cache, you may need to refresh your system to ensure you are seeing such updated information and the information is most current.
- General Terms. By selecting a product or service, you agree to pay MCR the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for the Services or any upgrade to the services that we may offer such as Check for Wellbeing or Check for Home Safety (an “Upgrade”), and will cover the use of the Services and any Upgrade for a monthly or annual subscription period as indicated. PAYMENTS ARE NON-REFUNDABLE.
- Automatic Renewal. Unless you notify MCR before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew, and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. You may cancel Upgrades at any time by submitting your request to MCR in writing. Any fees already paid, including without limitation fees for Upgrades are NON-REFUNDABLE.
- Change to End User Profile. Individual Subscribers can change the End User Profile to update, input and/or modify settings related to the scheduled time to receive a phone call and/or SMS text reminder, diagnosis, and prescribed medication. MCR is not liable for misinformation related to any original, updated, inputted and/or modification of settings for the End User Profile.
- Service Implementation.
MCR will place one or more telephone calls and/or text (SMS) messages to an End User at or around scheduled times, based on selections made during signup. We make no guarantee that calls and/or text (SMS) messages will be received at the requested time. An End User will receive the scheduled phone call reminder message and using the keypad asked to acknowledge they have taken medication prescribed by their doctor. If necessary, End Use may request a return call in 5, 10 or 15 minutes to acknowledge they have taken medication prescribed by their doctor. Notification of the End User’s response will be sent to a designated caregiver. Activity Reports for each Individual Subscriber account allow for real-time monitoring of the End User’s compliance.
XII. Suspended Service.
Subscriber acknowledges that Subscriber’s use of the Services may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of any portion or all of the service for any reason, including as a result of power outages, system failures or other interruptions; and MCR shall also be entitled, without any liability to Subscriber, to suspend access to any portion or all of the Service at any time, on a service-wide basis: (a) for scheduled downtime to permit us to conduct maintenance or make modifications to service; (b) in the event of a denial of service attack or other attack on the service or other event that MCR determines, in its sole discretion, may create a risk to the applicable service, to Subscriber or to any of our other customers if the service were not suspended; or (c) in the event that MCR determines that service is prohibited by applicable law or MCR otherwise determines that it is necessary or prudent to do so for legal or regulatory reasons (collectively, “Service Suspensions”).
MCR shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that Subscriber may incur as a result of any Service Suspension. To the extent MCR is able, MCR will endeavor to provide Subscriber notice of any Service Suspension and to post updates regarding the resumption of Services following any such suspension but shall have no liability for the manner in which MCR may do so or fail to do so.
XIII. Check for Wellbeing.
Healthcare Provider may offer to End Users, clients, customers, or members, a survey for feedback and/or ongoing patient education (“Check for Wellbeing”). A Check for Wellbeing includes an option for the End User to use a keypad to provide a response to up to 5 survey questions.
XIV. Check for Home Safety.
An Individual Subscriber can subscribe to an add-on component in which the Individual Subscriber can include up to 3 designated caregivers to be notified regarding the status of a home safety check (“Check for Home Safety”) We do not guarantee that we will be able to establish communication to the End User or with any of the designated caregivers, and we have no control over how End User or designated caregivers choose to handle the situation. We are not responsible for any decisions made, or actions taken or not taken, by the End User and/or designated caregivers. MCR is not liable for any damages that occur because of any action taken or not taken by the End User or designated caregiver or our failure to establish communication with the End User or designated caregiver. An Individual Subscriber must obtain prior permission from designated caregivers allowing us to call them in the event we cannot reach the End User.
- Service Fees and Payment.
By signing up for a Services account you agree to pay MCR the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. We reserve the right to change the payment terms and fees thirty (30) days prior to written notice to you. Services can be cancelled by you at any time on thirty (30) days’ written notice to MCR.
“Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by MCR to respond within one business day) concerning the use of the Services. “Priority” means that support takes priority over support for users of the standard or free Medication Call Reminder services. All support will be provided in accordance with MCR standard services practices, procedures and policies.
XVII. Use of the Website and other websites.
- Responsibility of Website Visitors. We have not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot, therefore, be responsible for that material’s content, use or effects. By operating the Website, we do not represent or imply that we endorse the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. We are not responsible for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which MCR links, and that link to MCR. MCR does not have any control over those non-Medication Call Reminder websites and webpages and is not responsible for their contents or their use. By linking to a non-Medication Call Reminder website or webpage, MCR does not represent, warrant or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. MCR is not responsible for any harm resulting from your use of non-Medication Call Reminder websites and webpages.
- Copyright Infringement and DMCA Policy. As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or linked to or by MCR violates your copyright, you are encouraged to notify MCR in accordance with Medication Call Reminder Digital Millennium Copyright Act (“DMCA”) Policy at [LINK TO POLICY]. MCR will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. MCR will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor has or is attempting to infringe the copyrights, trademarks or other intellectual property rights of MCR or others. In the case of such termination, MCR will have no obligation to provide a refund of any amounts previously paid to MCR.
This Terms of Service does not transfer from MCR to you any MCR or third-party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with MCR. Medication Call Reminder, the Medication Call Reminder logo, and all other trademarks, service marks, graphics and logos used in connection with MCR, or the Website are trademarks or registered trademarks of MCR or MCR licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any MCR or third-party trademarks.
- We reserve the right to display advertisements on your account unless you have purchased an ad-free account.
- We reserve the right to display attribution links such as ‘Blog at Medication Call Reminder,’ theme author, and font attribution in your blog footer or toolbar.
XVIII. Miscellaneous Provisions.
- Partner Products.By activating a partner product (e.g. theme) from one of our partners, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
- We reserve the right, at its sole discretion, to modify or replace any part of this Terms of Service. It is your responsibility to check this Terms of Service periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Terms of Service constitutes acceptance of those changes. We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Terms of Service.
- We may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Terms of Service or your MCR account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by MCR if you materially breach this Terms of Service and fail to cure such breach within thirty (30) days from MCR’s notice to you thereof; provided that, MCR can terminate the Website immediately as part of a general shut down of our service. All provisions of this Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Force Majeure. MCR shall not be held liable or responsible to the Individual Subscriber or Healthcare Provider, nor shall be deemed to have defaulted under or breached this Terms of Service, for any failure or delay in fulfilling or performing any term of this Terms of Service when and to the extent such failureor delay is caused by or results from acts beyond the affected party’s reasonable control, including, without limitation: (a)acts of God; (b)flood, fire or explosion; (c)war, invasion, riot or other civil unrest; (d)actions, embargoes or blockades in effect on or after the date of this Agreement; (e)national or regional emergency; (f)strikes, labor stoppages or slowdowns or other industrial disturbances; (g)compliance with any law or governmental order, rule, regulation or direction, or any action taken by a governmental or public authority, including but not limited to imposing an embargo, export or import restriction, quota or other restriction or prohibition, or failing to grant a necessary license or consent; (h) shortage of adequate power or telecommunications or transportation facilities; or (i)any other event which is beyond the control of MCR (each of the foregoing, a “Force Majeure Event“).
- Disclaimer of Warranties.The Services and Website are provided “as is”. MCR and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither MCR nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk. You understand and acknowledge that misinformation and mistake may occur during your or the End User’s use of MCR Services, including without limitation failure of MCR to provide the Service phone call at the time you requested on your account. MCR is a reminder service and you assume full risk and responsibility for taking medication at the time prescribed by your health professional. MCR assumes no risk for the failure of you or the End User to take any and all medication.
- Limitation of Liability. MCR, or its suppliers or licensors, shall not be held liable with respect to any subject matter of this Terms of Service under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of Service or data; or (iv) for any amounts that exceed the fees paid by you to MCR under this Terms of Service during the twelve (12) month period prior to the cause of action. MCR shall not be held liable for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- You agree to indemnify and hold harmless MCR, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including without limitation your violation of this Terms of Service.
- Governing Law. Except to the extent applicable law, if any, provides otherwise, this Terms of Service, any access to or use of the Website will be governed by the laws of the Florida, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Hillsborough County. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Terms of Service shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Florida, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Terms of Service shall be entitled to costs and attorneys’ fees.
- Severability and Waiver. If any part of this Terms of Service is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Terms of Service or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
- Your Comments and Concerns. This Website is owned and operated by Medication C all Reminder, Inc. with a corporate address of 8610 Fiddleleaf Court, Tampa, Florida 33647. All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy [INSERT AS LINK TO COPYRIGHT POLICY] in the manner and by the means set out therein. All other feedback, comments, requests for technical support, and other communications relating to MCR Services and this Terms of Service should be directed to: email@example.com.