Date of Last Revision: June 21, 2019
Welcome to the MedChefs diet tracking application (“Application”) from Inspiring Healthcare, LLC (sometimes referred to as the “Company”). You are reading these Terms because you are accessing and using the Application at the suggestion of your physician or medical professional, or on your own. In either case, your use of the Application and its features is based on, and subject to, your agreement and compliance with these Terms. Your access to, or use of, the Application will create contractual obligations that have the same effect as if you had signed a written agreement with the Company. IF YOU DO NOT AGREE WITH THESE TERMS FOR ANY REASON, YOU MAY NOT USE OR ACCESS THIS APPLICATION.
Our Terms may change. We may update these Terms from time to time. You are responsible for reading these Terms from time to time to remain abreast of them. If at any time you do not agree to the Terms as they then exist, please stop using the Application. If you continue to use the Application after a change is made, you will be deemed to have accepted the updated Terms, except to the extent prohibited by applicable law.
Personal Use; Password Protection. The Application is intended for your own personal use. It must not be used for business or commercial purposes. You will be asked to generate a password for access to the Application. You must not allow others to access the Application using your password. You are responsible for the use and conduct of any person who access the Application using your password.
There are no specific requirements for your password, but we suggest that it be at least eight characters long and that it includes a combination of capital and small case letters, numbers and symbols.
Purpose of the Application. This Application is intended only to provide you and your medical professional with a convenient way to record and monitor your regular diet and eating habits.
If you have been offered access to the Application from your medical professional, the information and data entered into the Application will be shared with that provider subject to your willing connection. If you have accessed this Application on your own, then you may choose to share the information with other people or not. The Application is not designed to share any information or data about you with anyone other than your medical professional. Any sharing of your information or data is completely at your discretion.
Not Medical Advice. THIS IS NOT A MEDICAL APPLICATION, AND NOTHING IN THE APPLICATION, ITS FEATURES OR ITS CONTENTS IS INTENDED TO OFFER OR PROVIDE MEDICAL ADVICE. Our objective is to provide useful information and a platform for monitoring behavior. The Application is not a medical service, and the data provided in it is not intended to be utilized for medical purposes or to diagnose, treat, cure or prevent any disease, ailment or injury. To the maximum extent permitted by applicable law, you expressly agree we are not providing medical advice via the Application. All Content provided through the Application, whether provided by us or by other users or third parties (even if they are claiming to be a doctor or medical professional) is not intended to be and should not be used in place of (a) the advice of your physician or other medical professionals, (b) a visit, call or consultation with your physician or other medical professionals, or (c) information contained on or in any product packaging or label. To the extent permitted by applicable law, we are not responsible for any health problems that may result from dietary recommendations, consultations, products, or events you learn about through the Application. Should you have any health related questions, please call or see your physician or other medical or healthcare provider promptly. If you have an emergency, call your physician or your local emergency services immediately.
Your use of the Application does not constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship between the Company, or any employee or agent of the Company, and you.
Ownership of Content. Except for content, information and data that you enter into the Application, all of the content in the Application or the platform, including text, images, software, code, scripts, designs, graphics, sounds, music, features, general artwork and other content (“Content”) is owned by Inspiring Healthcare, LLC, or others from whom we license Content, and is protected by patent, copyright, trademark and other laws. The Company reserves all rights not expressly granted in these Terms. Specifically,
You do not acquire any license or other rights in or to any trademark, service mark or trade name through your access to the Application;
You agree not to change or delete any ownership notices in any materials downloaded or printed from the Application.
You agree not to copy, edit, translate, display, distribute, transmit, modify or create derivative works of, or otherwise exploit in any way, any of the Content without the express written consent of Inspiring Healthcare, LLC.
We make no representations or warranties as to the accuracy, reliability, completeness or timeliness of any Content on or available through the Application, and we make no commitment to update any Content.
Posting User Content. The Application enables you to enter and post information about your diet, food preferences, personal eating history and habits solely for the purpose of monitoring and tracking your diet. It is in your best interest to be accurate and truthful about the information you provide, but you are free to enter any information that you in your sole discretion deem appropriate. However, in posting content, there are a few basic rules we ask that you follow:
- You must not post information that belongs to others or that you do not have the right to post.
- Any information that you post must be in accordance with all applicable laws and regulations. Do not post information about use of illegal or harmful substances. If you are not sure whether your Content is consistent with these rules, do not post it.
- Your use of the Application is and should remain personal to you. Access to the Application requires a password. Do not share your password with others as that could seriously compromise the security of your personal and possibly medical information.
LIMITATION OF LIABILITY.
We are committed to building the best product we can, but we cannot promise that the Application will be perfect. We hereby disclaim liability for various things that could go wrong as a result of your use of the of the Application.
EXCEPT WHERE PROHIBITED BY LAW, INSPIRING HEALTHCARE, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND GUARANTEES OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW. THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS BASIS. Without limiting the foregoing, you understand that, to the maximum extent permitted by applicable law, the Company makes no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, availability, or reliability of any of the Content. To the maximum extent permitted by applicable law, we do not warrant that (i) the Application or platform will meet your requirements or provide specific results, (ii) the operation of the Application will be uninterrupted, virus- or error-free or free from other harmful elements or (iii) errors will be corrected. Any oral or written advice provided by our agents or us does not and will not create any warranty. We also make no representations or warranties of any kind with respect to Content; User-Generated Content, in particular, is provided by and is solely the responsibility of the users providing that Content. No advice or information, whether oral or written, obtained from other users or through the Application, will create any warranty not expressly made herein. You therefore expressly acknowledge and agree that use of the Application is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.
To the maximum extent permitted by applicable law, under no circumstances (including, without limitation, negligence) shall INSPIRING HEALTHCARE, LLC, OR its owners, officers, employees, developers or agents, be liable to you or any third party for (a) any indirect, incidental, special, exemplary, punitive, or consequential damages of any kind whatsoever; (b) damages relating to your access to, use of, or inability to access or use the application; (C) damages relating to any conduct or content of any third party or user of the Services, including without limitation, defamatory, offensive or illegal conduct or content; and/or (d) damages in any manner relating to any Third-Party Content, Third-party Products or Third-Party Activities accessed through the application. this limitation applies to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not medchef has been informed of the possibility of such damage, and whether or not a remedy set forth herein is found to have failed its essential purpose. the total liability of INSPIRING HEALTHCARE, LLC, for any claim under these Terms, including for any implied warranties, is limited to one thousand dollars (us $1,000.00) in aggregate. multiple claims will not increase this amount.
In particular, to the extent permitted by applicable law, we are not liable for any claims arising out of (a) your use of the Application (including but not limited to your participation in any activities promoted by or accessed via the Application), (b) the use, disclosure, display, or maintenance of any personal information that you post to the Application, or (c) other Content, information, services or goods received through or advertised on the Application or received through any links provided with the Application.
You acknowledge and agree that we offer the Application prices in reliance upon the warranty disclaimers, releases, and limitations of liability set forth in the Terms, that these warranty disclaimers, releases, and limitations of liability reflect a reasonable and fair allocation of risk between you and us and form an essential basis of the bargain between you and us. We would not provide the Application to you on an economically reasonable basis without these warranty disclaimers, releases, and limitations of liability.
If you are a resident of California: You waive your rights with respect to California Civil Code Section 1542, which says. “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
In some jurisdictions, the law will not recognize limits or exclusions of damages caused by Inspiring Healthcare, LLC’s own fraud, gross negligence, recklessness or willful misconduct.
Indemnification. To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold Inspiring Healthcare, LLC, its officers, owners, employees, developers, agents and other partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (a) the Content you access or share through the Application; (b) your use of the Application, (c) your violation of these Terms, (d) your use or misuse of any user’s personal information, (e) any violation of the rights of any other person or entity by you, or (f) your employment of the Application to share information or data. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us under the Terms, and you agree to cooperate with our defense of these claims.
Dispute Resolution. To the maximum extent permitted by applicable law, you and Inspiring Healthcare, LLC agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Except where prohibited, you and we agree to submit to the personal and exclusive arbitration of disputes relating to your general use of the Application under the rules of the American Arbitration Association. Please visit www.adr.org for more information about arbitration.
Our notice to you via email, regular mail, or notices or links displayed in connection with the Application constitutes acceptable notice to you under the Terms. We are not responsible for your failure to receive notice if email is quarantined by your email security system (e.g., “junk” or “spam” folder) or if you fail to update your email address. Notice will be considered received forty-eight hours after it is sent if transmitted via email or regular mail. In the event that notice is provided via links displayed in connection with the Application, then it will be considered received twenty-four hours after it is first displayed.