The information provided on the Mobile Application is not a substitute for the advice of your personal physician or other qualified health care professional (such as a dentist). Always seek the advice of your physician or other qualified health care professional with any questions you may have regarding medical symptoms or a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Mobile Application. If you think you have a dental, medical, or psychiatric emergency, call 911 or go to the nearest hospital.
BY USING THE MOBILE APPLICATION OR BY CLICKING "I ACCEPT" BELOW, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE MOBILE APPLICATION. PlaqueMonsterMobile Application: “Jailbreaking” the mobile operating system The PlaqueMonsterPlaqueMonster Mobile Application is intended for use only on a mobile device that is running an unmodified manufacturer-approved operating system. Using the PlaqueMonster Mobile Application on a device with a modified operating system may undermine security features that are intended to protect your health information from unauthorized or unintended disclosure. You may compromise your health information or the health information of anyone for whom you have been given access, if you use the PlaqueMonster Mobile Application on a mobile device that has been modified. Use of the PlaqueMonster Mobile Application on a mobile device with a modified operating system is a material breach of these Terms and Conditions.
We may revise the information on the Mobile Application or otherwise change or update the Mobile Application, including these Terms and Conditions, without notice to you. PlaqueMonster may also make improvements and/or changes in products and/or services described on the Mobile Application or add new features at any time without notice. We encourage you to periodically read these Terms and Conditions to see if there have been any changes to our policies that may affect you. Your continued use of the Mobile Application will signify your continued agreement to these Terms and Conditions as they may be revised.
Although we attempt to maintain the integrity and accuracy of the information on the Mobile Application, we make no guarantees as to its correctness, completeness, or accuracy. The Mobile Application may contain typographical errors, inaccuracies, or other errors or omissions. Also, unauthorized additions, deletions, or alterations could be made to the Mobile Application by third parties without our knowledge. If you believe that information found on the Mobile Application is inaccurate or unauthorized, please inform us by contacting the Center for Health Policy at Stanford University (117 Encina Commons, Stanford University, Stanford, CA 94305-6019).
We do not knowingly allow PlaqueMonster members under the age of 7 to create accounts that allow access to the secured features of the Mobile Application.
Any personal information you submit to the Mobile Application is governed by our Mobile Application and PlaqueMonster Mobile Application Privacy Statement. This includes information on your rights to see and receive copies of your information stored in the Mobile Application. To deactivate your PlaqueMonster online account, please contact the Center for Health Policy at Stanford University (117 Encina Commons, Stanford University, Stanford, CA 94305-6019). To the extent there is an inconsistency between these Terms and Conditions and the Mobile Application and PlaqueMonster Mobile Application Privacy Statement, these Terms and Conditions shall govern. You agree that you will not upload or transmit any communications or content of any type (including secure messaging) that infringe upon, misappropriate or violate any rights of any party. In consideration of being allowed to use the Mobile Application’ interactive services, you agree that the following actions shall constitute a material breach of these Terms and Conditions: • Signing on as or pretending to be another person (Note: this does not restrict authorized use of the "Act for a Family Member" feature on the Mobile Application.) • Using secure messaging for any purpose in violation of local, state, national, international laws or posted PlaqueMonster policies • Transmitting material that infringes or violates the intellectual property rights of others or the privacy or publicity rights of others • Transmitting material that is unlawful, obscene, defamatory, predatory of minors, threatening, harassing, abusive, slanderous, or hateful to any person (including PlaqueMonster personnel) or entity as determined by PlaqueMonster in its sole discretion • Using interactive services in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others • Collecting information about others, including email addresses • Intentionally distributing viruses or other harmful computer code • “Jailbreaking” the operating system of a mobile device using the PlaqueMonster Mobile Application. PlaqueMonster expressly reserves the right, in its sole discretion, to terminate a user's access to any interactive services and/or to any or all other areas of the Mobile Application due to any act that would constitute a violation of these Terms and Conditions. Email communications with PlaqueMonster members and enrollees of self-insured plans By accepting these Terms and Conditions, you agree to receive essential communications by email. These communications may include (but are not limited to): • Notification that an important message awaits you on the Mobile Application • PlaqueMonster Mobile Application site & service updates • Important information regarding your account
PlaqueMonster has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your PlaqueMonster online password or account. It is your sole responsibility to (1) control the disclosure and use of your activation codes and password; (2) authorize, monitor, and control access to and use of your PlaqueMonster online account and password; and (3) promptly inform us of any need to deactivate a password at the Center for Health Policy at Stanford University (117 Encina Commons, Stanford University, Stanford, CA 94305-6019).
THE MOBILE APPLICATION AND THEIR CONTENT AND ALL SITE-RELATED SERVICES ARE PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, ALL SITE-RELATED SERVICES, AND THIRD PARTY MOBILE APPLICATION. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PLAQUEMONSTER OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OF ANY KIND. ANY REFERENCES TO SPECIFIC PRODUCTS OR SERVICES ON THE MOBILE APPLICATION DO NOT CONSTITUTE OR IMPLY A RECOMMENDATION OR ENDORSEMENT BY PLAQUEMONSTER UNLESS SPECIFICALLY STATED OTHERWISE.
PLAQUEMONSTER AND ITS AFFILIATES, SUPPLIERS, AND OTHER THIRD PARTIES MENTIONED OR LINKED TO ON THE MOBILE APPLICATION ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE MOBILE APPLICATION, SITE-RELATED SERVICES AND PRODUCTS, CONTENT OR INFORMATION CONTAINED WITHIN THE MOBILE APPLICATION, AND/OR ANY THIRD PARTY MOBILE APPLICATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE MOBILE APPLICATION, SITE-RELATED SERVICES, AND/OR THIRD PARTY MOBILE APPLICATION IS TO STOP USING THE MOBILE APPLICATION AND/OR THOSE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THESE TERMS AND CONDITIONS ARE GOVERNED BY CALIFORNIA LAW WITHOUT REGARD TO ITS PRINCIPLES OF CONFLICTS OF LAW. IF ANY VERSION OF THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT (UCITA) IS ENACTED AS PART OF THE LAW OF CALIFORNIA, THAT STATUTE SHALL NOT GOVERN ANY ASPECT OF THESE TERMS AND CONDITIONS.
Except as otherwise indicated, the PlaqueMonster Mobile Application and all content on the Mobile Application, including text, graphics, logos, button icons, photos, images, forms, audio, video, questionnaires, and software, is the property of PlaqueMonster or its licensors and is protected by United States and international copyright laws. The compilation of all content on the Mobile Application is the exclusive property of PlaqueMonster and is protected by United States and international copyright laws. Unless specifically authorized in writing by PlaqueMonster, any use of these materials, or of any materials contributed to the Mobile Application by entities other than PlaqueMonster, on any other Mobile Application or networked computer environment for any purpose is prohibited. Any rights not expressly granted by these Terms and Conditions or any applicable end-user license agreements are reserved by PlaqueMonster. Content and features are subject to change or termination without notice in the editorial discretion of PlaqueMonster. 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 appearing on the Mobile Application or PlaqueMonster Mobile Application infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Mobile Application, currently located at http://www.loc.gov/copyright. In accordance with the DMCA, PlaqueMonster has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written Notification of Claimed Infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to our designated agent as follows: Agent: C. Jason Wang Address: 117 Encina Commons, Stanford CA, 94305 Please note: If you materially misrepresent that online material, product, or activity is infringing your copyrights, you may be liable for damages (including court costs and attorneys' fees) and could be subject to criminal prosecution for perjury. We suggest that you consult your legal advisor before filing a notice or counter-notice.
"PlaqueMonster" and the PlaqueMonster logo are registered service marks of PlaqueMonster or its affiliates. Other proprietary marks of PlaqueMonster or third parties may be designated as such from time to time on the Mobile Application or PlaqueMonster Mobile Application through use of the TM, SM, or ® symbols. Users of the Mobile Application or PlaqueMonster Mobile Application are not authorized to make any use of the PlaqueMonster marks or the proprietary marks of third parties, including but not limited to, as metatags or in any other fashion that may create a false or misleading impression of affiliation or sponsorship with or by PlaqueMonster or the applicable third party.