Terms and Conditions

These Terms and Conditions of Use (the "Terms and Conditions") and Privacy Policy were last updated on December 16, 2012.

Welcome to patientmedaid.org, which is published by Patient Med Aid ("PMA"). These Terms and Conditions apply to the PMA Website located at www.patientmedaid.org and our online discussion forums, as well as any other of our websites, digital service or mobile or other applications on which a link to these Terms and Conditions appears (collectively, the “PMA Websites”), all of which PMA Website are provided by PMA at any time and from time to time in its sole discretion. PMA does not control, and is not responsible for, any third-party site to which the PMA Website links.

You agree that your use of the PMA Website is subject to the following Terms and Conditions. If you do not agree with the Terms and Conditions in their entirety, please do not use any PMA Websites. These Terms and Conditions may be modified at any time and from time to time; the date of the most recent changes or revisions will appear on this page. Continued access to the PMA Website by you will constitute your acceptance of any changes or revisions to these Terms and Conditions. Portions of the PMA Website may be governed by different or additional terms and conditions. In the event of a conflict between any provision of these Terms and Conditions, on the one hand, and any other terms and conditions, on the other hand, the applicable provision of these Terms and Conditions shall prevail with respect to your use of the PMA Website.

The materials and tools contained on the PMA Website are provided by PMA as a service to you for your noncommercial, personal use on an "as is, as available" basis and may be used by you for informational purposes only. You acknowledge that you are using the PMA Website at your own risk. PMA assumes no responsibility for errors or omissions in these materials. PMA makes no commitment to update the information contained herein. PMA makes no, and expressly disclaims any and all, representations or warranties, express or implied, regarding the PMA Website, including without limitation the accuracy, completeness, or reliability of text, graphics, links, products and services, and other items accessed from or via the PMA Website, or that use of the PMA Website will be uninterrupted, error-free, or free of viruses or other harmful components. No advice or information given by PMA or any other party on the PMA Website shall create any warranty or liability. The content provided through PMA Website should be used for informational purposes only; the content is not intended to be a substitute for professional advice. Always seek the advice of a relevant professional with any questions about any health or other decision you are seeking to make.

PMA does not warrant or make any representations regarding the use or the results of the use of the materials on the PMA Website in terms of their correctness, accuracy, timeliness, reliability, or otherwise. Under no circumstances shall PMA or any of its parents, subsidiaries, affiliates, licensors, or their respective partners, officers, directors, employees, or agents be held liable for any damages, whether direct, incidental, indirect, special, or consequential, and including, without limitation, lost revenues or lost profits, arising from or in connection with your use, reliance on, or performance of the information on the PMA Website. Your sole remedy in the event of any deficiency, defect, failure, error or interruption in the PMA Website or any goods or services offered through the PMA Website shall be to request that PMA correct the matter or, if PMA fails to do so, to discontinue use of the PMA Website. In no event shall PMA’s liability exceed an amount equal to all fees paid by you to PMA in connection with your use of the PMA Website.

PMA periodically schedules system downtime for maintenance and other purposes. Unplanned outages also may occur. PMA shall have no liability for the resulting unavailability of the PMA Website or for any loss of data or transactions caused by planned or unplanned system outages, or any outages of web host providers or the Internet infrastructure and network external to the PMA Website.

Copyright

This web site may contain copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance the understanding of humanity’s problems and hopefully to help find solutions for those problems.

We believe this constitutes a ‘fair use’ of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. A click on a hyperlink is a request for information.

Consistent with this notice you are welcome to make ‘fair use’ of anything you find on this web site. However, if you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use’, you must obtain permission from the copyright owner.

You can read more about ‘fair use’ and US Copyright Law at the Legal Information Institute of Cornell Law School.

In the event you believe that any content posted on the PMA Website infringes your copyright or other intellectual-property rights, you may notify PMA by providing the information required by the Online Copyright Infringement Liability Limitation Action of the Digital Millennium Copyright Act, 17 U.S.C. 512, to PMA's webmaster via email, as listed on our contact us page.

User Generated Content

PMA, through its forums or otherwise, may provide users an opportunity to transmit or post content, which may include text, videos, photographs, images, sound files and/or other content, to the PMA Website (collectively, “User Content”) and may provide for the hosting, sharing and/or publishing of such User Content. PMA does not necessarily endorse, support, sanction, encourage, or agree with User Content and expressly disclaims any and all liability in connection with any User Content.

You shall not transmit or post any User Content that: (a) is unlawful, threatening, harassing, abusive, false, inaccurate, deceptive, misleading, offensive, distasteful, inappropriate, libelous, defamatory, obscene, vulgar, pornographic, profane, indecent, invasive of another’s privacy or harmful to minors in any way; (b) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law; (c) is copyrighted, protected by trade secret, patent, trademark or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to submit or post the material and to grant PMA all of the license rights granted herein; (d) refers derisively to the goods or services of others; (e) includes any disruptive elements that may damage or interfere with the PMA Website such as computer viruses, bots, worms, bombs, or Trojan horses; (f) includes advertisements or solicitations of business; (g) impersonates another person; (h) includes any person’s full name or personal or identifying information without that person’s authorization; (i) violates the law or otherwise violates these Terms of Service; or (j) provides a link to any of the above.

In connection with any User Content that you submit, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use, and to authorize PMA to use, all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the PMA Website and these Terms and Conditions; (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the PMA Website and these Terms and Conditions; and (iii) it complies with these Terms and Conditions.

You understand that all User Content is the sole responsibility of the person who transmits or posts that User Content. This means that you, and not PMA, are entirely and solely responsible for all User Content that you transmit or post and for the consequences of PMA publishing such User Content. PMA does not and cannot review the User Content transmitted or posted by users and is not responsible for such content. However, PMA shall have the right, but not the obligation, to refuse, delete, move, remove, or edit any User Content that violates these Terms and Conditions or is otherwise objectionable, as determined by PMA in its sole discretion and without notice. Any specific complaints regarding User Content must be directed to the PMA webmaster by email as listed on our contact page, and any promise by PMA to investigate, delete, remove, or otherwise edit any User Content shall be non-binding unless expressly provided in writing by a duly authorized officer of representative of PMA.

You agree to indemnify PMA and its parents, subsidiaries, and affiliates, and each of their respective partners, officers, directors, employees, agents and representatives, against, and to hold each of them harmless from, any and all claims and liabilities (including attorney’s fees) that may arise from your use of the PMA Website, your transmission or posting of User Content, your unauthorized use of material obtained from the PMA Website, your breach of these Terms and Conditions, your violation of any law, regulation or any right of any other person or entity, and any unauthorized use of your account or password. PMA reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

PMA does not claim any ownership rights in the User Content. By transmitting or posting User Content, you grant to PMA the perpetual, non-terminable, worldwide, nonexclusive, royalty-free, sublicenseable and transferable right and license to use, reproduce, edit, remove, modify (including the size and aspect ratio of photographs), publish, transmit, display, distribute, have distributed, promote, perform, and prepare derivative works of, all or any potion of such User Content in any form, in any medium now existing or hereinafter invented for any purpose, including commercial uses, including without limitation, in connection with the PMA Website, in connection with other PMA publications, in connection with PMA’s (and our successors’) business, in connection with promoting and redistributing part or all of the PMA Website (and derivative works thereof) without additional notice, approval, consent, compensation or attribution, or in connection with stories featuring the PMA Website or any content on the PMA Website in other news and media services or other outlets. You waive any moral rights you may have in the User Content. You also grant each user of the PMA Website a non-exclusive license to access your User Content through the PMA Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the PMA Website and under these Terms and Conditions.

Featured Services

PMA is committed to providing visitors to the PMA Website with as many features as possible, some of which may be provided by third parties. The companies that PMA may select from time to time as featured service providers offer products and services that site visitors may find useful. PMA in certain cases may have a business relationship with certain third parties that it selects as a featured service provider. PMA is not responsible for the accuracy or reliability of any advice or information given, or of any statement made, by the companies providing featured services, or for the content, services, products, or advertising on or available from their websites, or for the availability and operations of their websites.

Jurisdiction

You agree that any claim, action, or proceeding arising out of these Terms and Conditions, or your use of the PMA Website, shall be governed by and construed in accordance with the laws of the State of California applicable to contracts to be wholly performed therein, and any action based on or alleging a breach of this Agreement must be brought in a state or federal court located in Orange County, California. In addition, you agree to submit to the personal jurisdiction of such courts.

Privacy Policy

This privacy policy ("Privacy Policy") applies to your use of the PMA Website only and does not cover information collected by any third party sites to which the PMA Website links, or to any other products or services offered by PMA other than on the PMA Website. This Privacy Policy is part of, and is hereby incorporated into, the PMA Website Terms and Conditions. You can read the entire Terms and Conditions by scrolling up to the top of this Web page. If you do not agree with the Terms and Conditions, including the Privacy Policy, in their entirety, please do not use any PMA Website.

What information does PMA collect about me as I use the PMA Website?

PMA may collect personally identifiable information from you such as your name, telephone number, postal address, e-mail address and credit card information so that we or selected companies can provide you with the products and services you request. For example, we may ask you for your name, e-mail address, and certain other information in connection with certain features.

PMA may also collect non-personally identifiable information when you visit the PMA Website, such as your browser configuration, the type of operating system you are using, and information about your Internet service provider.

How does PMA use the information supplied by me?

We may use the information you supply to fulfill your requests for products and services, to respond to your inquiries, and to offer other products and services from either us or selected companies which may be of interest to you. If you decide that you do not wish to receive such communications from PMA and others, you may opt-out of receiving further e-mails and other communications by contacting our webmaster by email as listed on our contact page. If you choose to submit content for publication (e.g., a letter to PMA, testimonial or information to be posted as a comment), we may publish your name, screen name or such other information you supply.

If you have indicated interest in receiving information directly from a selected outside company, we may provide such selected outside company with information that may include but not be limited to your name, telephone number, postal address and email address. If you decide that you do not wish to receive further communications from such selected outside company, you will need to so notify such selected outside company.

We may sometimes use non-personally identifiable information we collect through our use of cookies to improve the design, delivery and content of our publications and the PMA Website and to enable us to personalize your user experience. We may also use the non-personally identifiable information we collect in the aggregate to analyze how visitors use the PMA Website, as well as to provide you with offers and information about products and services which you have agreed to receive.

In addition, PMA may disclose information we maintain (A) if in good faith we believe that such disclosure is necessary to (1) comply with the law or legal process; (2) protect and defend our rights and property; (3) protect against misuse or unauthorized use of the PMA Website; or (4) protect the personal safety, property, or rights of our users or the public, or (B) in connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale.

How can I change my privacy options?

If at some point after giving PMA your personally identifying information, you do not wish to continue to receive additional information and contact from PMA about PMA, from PMA's affiliates, or from selected outside companies, you may opt out of receiving future emails by contacting PMA by email with your request in writing.

What are "cookies" and how does PMA use them?

"Cookies" are pieces of information that may at some time be placed by the PMA Website in a storage place on your computer or mobile device. Cookies do not contain information that is, in itself, personally identifying. Cookies are placed on your computer or mobile device in a limited way to help deliver advertisements, to calculate unique site visitors, and to track usage throughout our site. Other uses include placement of cookies to make the login process more convenient for our services that use logins.

Children Under Age 13

No one under the age of 13 should provide any personally identifiable information to PMA. In general, PMA does not knowingly collect personally identifiable information from children under 13. If in limited circumstances we do knowingly collect personally identifiable information from children under the age of 13, we will do so only with verified parental consent prior to collection. In the event that we learn that we have collected such information from a child under the age of 13 without verification of parental consent, we will delete this information from our database as quickly as possible. If you believe the PMA Website has collected any personally identifiable information about anyone under 13, please contact our webmaster by email per the information available on our contact page.