November, 13, 2018
Acceptance of Terms
PLEASE READ CAREFULLY BEFORE USING THIS SITE. YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT. BCG Digital Ventures with offices at 10 Hudson Yards, New York, NY 10001 (“PillPal”, “us”, “our”, “we”) provides the PillPal platform (the “Platform”) to help individuals report on their symptoms, adverse events, resource utilization and lab reports in exchange for monetary benefits (all of the foregoing collectively the “Service”). As used herein, “you” or “your” refers to the individual accessing or using the Service.
Eligibility to Use the Service
By requesting to use, registering to use and/or using the Services, you represent and warrant that you have the right, authority and capacity to enter into these Terms and you commit to abide by all of the terms and conditions hereof. You also represent and warrant that you meet the following eligibility criteria:
● Our Services are available only to individuals who are eighteen (18) years of age or older.
● The Services are currently available only to individuals who are legally in the United States or the territory of Puerto Rico. If you reside outside the United States or Puerto Rico, do not register to use the Services.
● You must not be a competitor of PillPal or use our Services for reasons that are in competition with PillPal.
About PillPal; The Purpose of PillPal
PillPal is a digital health platform that aims to revolutionize how cancer research in Multiple Myeloma is conducted. PillPal makes it easier for patients to better show pharmaceutical companies how their multiple myeloma drugs affect them in their daily lives, accelerating research in this field.
Use of Service
You may not provide access to or use the Service or content thereof for the benefit of third parties or make commercial use of the Service or related content, but you may use the Service for your personal use subject to these Terms. Use of and access to the Service is void where prohibited. By accessing and using the Service, you represent and warrant that (a) any and all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (b) your use of the Service will comply with and does not violate any applicable law, regulation, order or guideline. PillPal is not a health care provider and does not provide any type of medical consultation. Persons using this application assume full responsibility for the use of the Service and agree that PillPal is not responsible or liable for any claim, loss, or damage arising from the use of the Services. PillPal does not recommend or endorse any specific drugs, tests, physicians, products, procedures, and opinions. Your reliance upon the information obtained or used by you is solely at your own risk. PillPal allows you to access and use the Service subject to these terms and conditions for your own use only. The Service is not for use by for any other commercial or non-personal purpose.
You agree that you will not act in any way or transmit any content that: (a) restricts or inhibits use of the Service; (b) solicits another person’s username or other Personal Information under false pretenses; (c) impersonates another user or otherwise misrepresents yourself in any manner; (d) infringes or results in the infringement of PillPal or any other third parties’ intellectual property, privacy or other rights; (e) is or you reasonably believe or should reasonably believe to be illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves or you reasonably believe or should reasonably believe to involve any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (f) does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses, registrations, etc. The software and technology underlying the Service is the property of PillPal, and you may not do or attempt to (a) decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Service, including in order to allow you to copy or download any content; (b) circumvent, disable, or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any content; (c) use the Service and/or content provided therein in connection with any commercial endeavors in any manner; (d) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Service; (e) harvest, collect or mine information about other users of the Service; or (f) use or access another user’s account or username without permission. PillPal can only be used for personal purposes and can’t be used by corporations for commercial use without a written consent from PillPal.
Internet Access May Be Required
Internet connectivity is required for access to and use of the Service. To access the Service by means of a cellular data connection on a portable device, you will need a data access plan from your wireless carrier. In order to access the Service via WiFi or Internet connection, you will need a compatible device, software, browser and Internet access. Check with your provider to learn if any fees apply. You are solely responsible for enabling Internet connectivity and any fees or costs you incur to access the Service through any wireless or other communication service.
PillPal Proprietary Rights and Re-Use Policy
You acknowledge and agree that the information and materials presented on or through PillPal will remain the property of the PillPal and its licensors or providers, and are protected by copyright, trademark, patent, and/or other proprietary rights and related laws, rules and regulations. The materials produced by or for PillPal (including editorial content, photographs, graphics, video and audio content) are protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries. All individual articles, content, and other elements comprising this compilation and produced by or for the PillPal are also copyrighted works. You agree to abide by all additional copyright notices or restrictions contained in any materials produced by or for PillPal.
Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by PillPal infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details.
Notices and counter-notices with respect to PillPal should be emailed to us.
Breach of Personal Information
If your Personal Information is altered, destroyed, acquired, accessed, used, or disclosed in a manner not outlined by these Terms that compromises the privacy or security of the Personal Information, you agree to receive any required notifications of this breach from PillPal or its delegate via electronic mail in lieu of first-class mail. The notification may be provided in one or more electronic mailings as information becomes available. If you do not agree to receive breach information via electronic mail, you must contact PillPal by email at firstname.lastname@example.org and withdraw your consent. You also permit PillPal, to the extent your phone number is available and current, to call you and notify or update you about the breach of your Personal Information prior to and after sending electronic mail notification. To the extent required by applicable law, PillPal may report the breach of information to governmental authorities or other third parties.
PillPal shall use reasonable commercial efforts to maintain the availability of the Service, but does not guarantee any specific level of availability of Service. PillPal will not be liable to you as a result of temporary service interruptions. You acknowledge that PillPal may, in its sole discretion and at any time, modify or discontinue providing Services or any part thereof without notice.
If PillPal believes, in its sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior on the Service. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or behavior of anyone believed to have violated these Terms or to have engaged in illegal behavior on the Service.
You may request termination of your PillPal account at any time and for any reason by sending an email to email@example.com Any suspension, termination, or cancellation shall not affect your obligations to PillPal and its licensors under these Terms, including but not limited to ownership, indemnification, and limitation of liability, which by their sense and context are intended to survive such suspension, termination, or cancellation.
Your use of the Service is at your sole discretion and risk. PILLPAL IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF PILLPAL, AND ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS THEREOF. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PILLPAL DISCLAIMS ALL WARRANTIES WITH RESPECT TO PILLPAL.
Limitation of Liability
NEITHER PILLPAL NOR ANY OF OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES OR CONSULTANTS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO PILLPAL AND/OR MATERIALS CONTAINED THEREON, ANY LINKED SITE OR ANY CONTENT OR SERVICE AVAILABLE THROUGH PILLPAL. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, CONTENT, SERVICES OR ANY LINKED SITE IS TO STOP YOUR USE OF IT.
All notices hereunder shall be in writing, personally delivered, by certified mail, return receipt requested, or by nationally recognized overnight delivery service email to PillPal, at firstname.lastname@example.org. A notice shall be effective from the date of personal delivery or upon receipt if sent by certified mail, and upon the date of sending if sent by email.
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