Terms of Service of MyMedHistory 

Welcome to www.MyMedHistory.com, owned and operated by MyMedHistory, LLC (“MyMedHistory,” “we,” “us,” “our,” etc.). These Terms of Service (these “Terms” or this “Agreement”) govern your access to and use of the www.mymedhistory.com website and any associated downloadable software application, including without limitation our online or mobile services and software provided on or in connection with those services (collectively, the “Service(s)”). 

When you use the Services, these Terms constitute a binding agreement between MyMedHistory and you (“you,” “your,” etc.). BY CLICKING ON THE “I ACCEPT” BUTTON, OR COMPLETING THE ACCOUNT REGISTRATION PROCESS, OR OTHERWISE USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE. YOU MUST BE OF THE AGE OF MAJORITY UNDER THE LAWS OF YOUR JURISDICTION TO ENTER INTO THIS AGREEMENT. If you do not agree to these Terms, you may not access or use the Service.

MyMedHistory may modify these Terms from time to time, and modified Terms will take effect immediately upon posting to MyMedHistory’s website. Your continued use of the Services after modified Terms have been posted will constitute your acceptance of such modified Terms. 

• Access to Services

MyMedHistory grants you a limited, non-exclusive, non-transferable, and revocable right to download, install, access, and use the Services in accordance with these Terms. 

• Registration

Before you are able to engage in any transactions on the MyMedHistory platform, you must register for an account. Each user must register for their own account, and may not have more than one account. You will provide accurate information when you sign up to use the Services and will keep your account information up-to-date. You will also use your real name, or the legal name of the entity you represent, use your own email address, or one that you have permission to use, and you will not let anyone else use your account. You alone must protect the confidentiality of your registration information.

• Health Information 

Once you register for an account, you must enter into the Services and maintain as current your medical history information. You are solely responsible for maintaining the accuracy of your medical history information. 

• Authorized Disclosure

We will maintain the confidentiality of your medical history information. You hereby authorize us to disclose your medical history information to first responders and emergency and medical personnel who have occasion to treat your injuries or otherwise dispense medical assistance to you, however. Emergency personnel may use the Services to access your medical history information in furtherance of treating you whether or not you are partially or completely incapacitated. 

• Uptime

MyMedHistory will make commercially reasonable efforts to maintain the Services in operation and available on the internet. No minimum uptime or service level is guaranteed to you. MyMedHistory may terminate or change the Service at any time in its sole and absolute discretion.

• Disclaimers & Limitations

You understand, acknowledge, and agree to all of the provisions of this Section 6. 

Do not use MyMedHistory to respond to or seek treatment for medical emergencies. If you are suffering from a medical emergency, call 911 immediately. 

• Your use of the Service is at your own risk.

• The Service is intended solely as a helpful way for you to make your pertinent medical history information available to first responders and other medical professionals who may be treating you in the event of your partial or total incapacitation or other circumstances under which you may not be competent to report such information accurately. 

• The Service is not a medical practice and does not render medical advice. 

• The Service is not a first-responder and cannot be used to summon emergency services.

• The medical history information you enter into the Services will not be reviewed by us for accuracy or for diagnostic purposes; we will not alert you to any medical concerns, contraindications, or other health- or life-threatening conditions reflected in the information you enter. If you suffer from conditions that are or could be life-threatening, do not rely solely on MyMedHistory to report such conditions. 

• The Service may not be available in all geographic areas or at all times of day. 

• Not all emergency responders are aware of MyMedHistory and may elect not to use it.

• We are not responsible, and will bear no liability to you, for any events or circumstances beyond our reasonable control, including without limitation: 

• insufficient cellular telephone or internet connectivity for the Service to operate;
• inaccuracies in the information you enter into the Service;
• any emergency responder’s or medical professional’s use or omission to use the Service;
• any emergency responder’s or medical professional’s interpretation or misinterpretation of your medical history information;
• any diagnosis, misdiagnosis, treatment, failure to treat, malpractice, negligence, or other act or omission of any emergency responder or medical professional; or
• any delay in treatment occasioned by any emergency responder’s or medical professional’s using the Services to obtain your medical history information.

• Disclaimers of Warranty

You will have sole responsibility for conducting your use of the Services responsibly and legally. The Services are provided on an “AS IS” and “AS AVAILABLE” basis without warranties or conditions of any kind, either express or implied. You acknowledge and agree that MyMedHistory exercises no control over, and accepts no responsibility for, the acts or omissions of any third parties or internet service providers. MYMEDHISTORY MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. MyMedHistory will not be liable for any loss of any kind from any action taken or not taken in reliance on the Service. MyMedHistory cannot and does not represent or warrant that the service, content, any digital assets listed on our Service or our servers are free of viruses or other harmful components. We cannot guarantee the security of any data that you disclose online. You accept the inherent security risks of providing information and dealing online over the internet and will not hold MyMedHistory responsible for any breach of security unless it is due to our gross negligence.

WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (A) USER ERROR INCLUDING WITHOUT LIMITATION FORGOTTEN PASSWORDS OR INCORRECT MEDICAL HISTORY INFORMATION; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED DATA FILES; (D) UNAUTHORIZED ACCESS TO APPLICATIONS OR DATA; (E) ANY THIRD-PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICE OR DIGITAL ASSETS.

MyMedHistory makes no warranties that the Services will be uninterrupted or error-free or that any results obtained from the use of Services will be accurate or reliable. No oral or written information given by MyMedHistory will create any warranty, nor may you rely on such information or advice. 

Nothing in these Terms shall exclude or limit liability of either party for fraud, death or bodily injury caused by gross negligence, violation of laws, or any other activity that cannot be limited or excluded by legitimate means.

• Limitation of Liability

To the fullest extent permitted by law, neither MyMedHistory, nor its officers, directors, employees, shareholders, or agents will be liable for any consequential, indirect, incidental, special, or punitive damages, or loss of profits, revenue, data, or use by you or any third party, whether in an action in contract, tort, strict liability, or other legal theory. MyMedHistory will not be liable to you or any third party for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that result from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations or transmission, or any failure of performance, whether or not limited to acts of nature, communications failure, theft, destruction, or unauthorized access to MyMedHistory’s records, programs, equipment, or services, or any other condition whatsoever.

Notwithstanding anything to the contrary in these Terms, MyMedHistory’s maximum liability under these Terms for all direct and indirect damages, losses, costs, and causes of actions from any and all claims will not exceed the aggregate amount of one U.S. dollar. 

• Indemnification

To the fullest extent permitted by applicable law, you will indemnify and hold harmless MyMedHistory, its employees, officers, directors, contractors, consultants, agents, representatives, affiliates, successors, and assigns from and against all actual or alleged third-party claims, damages, awards, judgements, losses, liabilities, obligations, penalties, interest, fees, costs, and expenses including without limitation reasonable attorney’s fees, accruing to MyMedHistory as a result of your use or misuse of the Service. You will cooperate with MyMedHistory and its employees, officers, directors, contractors, consultants, agents, representatives, affiliates, successors, and assigns in defending such claims. MyMedHistory will have control of the defense or settlement of any third-party claims. 

• Trademarks and Copyrights

The name “MyMedHistory” and all other MyMedHistory marks, logos, taglines, custom graphics, and button icons appearing on the Services are service marks, trademarks, or trade dress of MyMedHistory and may not be used in connection with any product or service that is not offered by MyMedHistory in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits MyMedHistory. All other trademarks, product names, and company names and logos used on the Services, if any, are the property of their respective owners. 

All software and audiovisual works of authorship on the Services, the selection and arrangement thereof, and the compilation of all content on the Services are the exclusive property of MyMedHistory and are protected by U.S. and international copyright laws. 

• Governing Law; Arbitration. 

This Agreement will be governed by the laws of the State of Florida, without regard to choice of laws provisions, no matter where in the world you live. In the event of a dispute arising out of this Agreement, the Parties will attempt to resolve any dispute by negotiation between the parties, in MyMedHistory’s sole discretion. If you and we are unable to resolve the dispute, MyMedHistory may, at its sole decision, commence mediation or binding arbitration through the American Arbitration Association, or other forum. Judgment on the award rendered by the arbitrator may be entered into in any court having jurisdiction thereof. Any other disputes hereunder will be resolved before the courts of competent jurisdiction seated in or proximal to Ocala, Florida. All remedies available hereunder will be cumulative and not in lieu of any others.

1. No Class Action.

BY ACCEPTING THE SERVICE AND ENTERING INTO THIS AGREEMENT, YOU WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION LAWSUIT AGAINST US. NEITHER YOU NOR WE MAY BE A REPRESENTATIVE OF OTHER POTENTIAL CLAIMANTS OR A CLASS OF POTENTIAL CLAIMANTS IN ANY DISPUTE, NOR MAY TWO OR MORE INDIVIDUALS’ DISPUTES BE CONSOLIDATED OR OTHERWISE DETERMINED IN ONE PROCEEDING. WHILE THE PROHIBITION ON CONSOLIDATED OR CLASS-WIDE PROCEEDINGS IN THIS AGREEMENT WILL CONTINUE TO APPLY IF YOU FAIL TO TIMELY PAY AMOUNTS DUE, WE MAY ASSIGN YOUR ACCOUNT FOR COLLECTION AND THE COLLECTION AGENCY MAY PURSUE SUCH CLAIMS IN COURT LIMITED STRICTLY TO THE COLLECTION OF THE PAST DUE DEBT AND ANY INTEREST OR COST OF COLLECTION PERMITTED BY LAW OR THE AGREEMENT.

• Termination

MyMedHistory retains the right to close or suspend your account in whole or in part, and to terminate your use of its Services at its discretion and without notice. You may terminate your account with MyMedHistory at your discretion. Any outstanding amounts due to MyMedHistory related to your account after termination will be due at the time of termination.

• Entire Agreement; Severability; Survival. 

This Agreement represents the entire agreement between the parties, and supersedes all previous and contemporaneous representations, understandings, and agreements, if any, express or implied, whether written or oral. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement will remain in full force and effect. Sections hereof that by their nature should survive termination hereof will so survive.