These Terms consists of three parts:
• The Power of Patients Subscriber and/or User Agreement available at www.powerofpatients.com/agreements, which governs the use of the products and services at Power of Patients.
• The Power of Patients Privacy Statement, available at www.powerofpatients.com/privacy and you agree may collect and use your data (including personal information) according to the Power of Patients Privacy Statement. We may also share your data and information, either in aggregate or personally identifiable form, in the ways described in the Power of Patients Privacy Statement.
• The Power of Patients Consent is available at www powerofpatients.com/consent and your consent to sharing certain data and information. This may be supplemented or modified to reflect applicable situations.
• THIS AGREEMENT COVERS IMPORTANT INFORMATION ABOUT THE WEBSITE, INCLUDING INFORMATION ABOUT FUTURE CHANGES TO THE AGREEMENT, LIMITATIONS OF LIABILITY, PRIVACY INFORMATION, A CLASS ACTION WAIVER, AND A RESOLUTION OF DISPUTES BY ARBITRATION INSTEAD OF IN COURT.
• You agree to the terms in these documents when you sign in, activate an account, or use the Products and Services, when you visit any Power of Patients website, or when you take any other action that indicates your agreement. If you do not agree with these Terms, please do not register for the Products and Services, and refrain from using any Power of Patients website. EVEN IF YOU HAVE NOT READ THE AGREEMENT, DO NOT UNDERSTAND OR AGREE TO BE BOUND BY THE AGREEMENT, OR ARE NOT ABLE TO CONSENT TO BE BOUND BY THE AGREEMENT (E.G., IF YOU ARE NOT OLD ENOUGH TO ENTER INTO A BINDING LEGAL CONTRACT), DO NOT USE OUR WEBSITE
There may be additional terms that apply in some cases. For example, if you make a purchase you may be asked to agree to payment terms, or if you choose to use a feature offered by a third party, you may be asked to agree to terms required by the third party. You will generally be notified and asked to agree to these additional terms at the time of the transaction.
License and Website Access. Subject to the terms of the Website Terms, we grant you a limited license to access and make personal use of the Website. No other rights are granted. Your right to use any applications on or through the Website (“apps”) are subject to a separate agreement.
The following things are all prohibited and in each case you shall not::
(a) download (other than page caching), copy, or modify any portion of the Website;.
(b) sell, rent, distribute, broadcast, display, provide or otherwise transfer to any third party, or engage in any commercial use, of the Website or its contents; or
(b) engage any derivative use of this Website or its contents, or
(c) use any automated means to access or use the Website or any data gathering and extraction tools or processes , e.g., data mining, bots, scrapers, etc.; or
(d) store, distribute, transmit, display, reproduce, modify, create derivative works from, or sell or otherwise exploit, any of the content on this Website for any commercial purpose; or
(e) remove or modify any proprietary notice or labels on the Website, or related materials, including author attribution and copyright notices, or use any of our trademarks as meta-tags on any other website; or
(f) copy, modify, erase, or damage any information contained on computer servers used or controlled by Power of Patients or any third party; or
(g) access or use any password-protected, secure, or non-public areas of the Website, or access data on the Website not intended for you, except as specifically authorized by Power of Patients; or
(h) attempt to or actually disrupt, impair, or interfere with the Website, or any information, data, or materials posted and/or displayed by Power of Patients; or
(i) attempt to probe, scan, or test the vulnerability of the Website or breach any implemented security or authentication measures, regardless of your motives or intent; or
(j) attempt to interfere with or disrupt access to or use of the Website by Power of Patients, any End User, processor, host, or network, including, without limitation, by submitting a virus, worm, trojan horse, easter egg, ransomware or other disruptive, harmful or malicious data or code and you or your End User are responsible for periodically checking your Content and other data (including any Content or data that have been uploaded, downloaded, sent to, or received from Third-Party Products and Services) for such items.
By using the Website, you warrant that you will not use the Website, or any of the content obtained from the Website, for any unlawful or prohibited purpose. We do not grant any license or other authorization to any trademarks, service marks, copyrightable material, or other intellectual property, whether or not registered or identified as such. You may not remove or modify any copyright or proprietary notices. If you violate any of these Website Terms, your permission to use the Website automatically terminates.
Electronic Communications. When you visit the Website, send us email, provide feedback or use any Product, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that a communication be in writing.
Inaccuracies. We aim to provide accurate information on the Website. However, we disclaim—and you release us from any liability regarding—errors, inaccuracies, and omissions on the Website. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. Power of Patients makes no guarantees whatsoever as to the completeness, timeliness, correctness, or accuracy of the information available through the Website. If you believe any portion of the Website includes an error or inaccuracy, please notify us.
Conduct. You agree that you will not do any of the following:
• Restrict or inhibit any other user from using and enjoying the Website.
• Post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation content that promotes or would result in criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations, such as anything that
• may be considered to be profane, obscene, defamatory, discriminatory, threatening, menacing, harassing, or violent content;
• depicts or suggests nudity or sexual acts;
• promotes hatred, including against members of a protected group under federal, state, or local law (such as, for example, a group defined by race, gender, or national origin);
• is shocking or disgusting;
• depicts or suggests presently occurring illegal activity, including, e.g., illicit drug use or underage drinking;
• unlicensed proprietary content of a third party, including, e.g., third-party content protected by copyright or trademark for which you do not have a license;
• breaches any duty of confidentiality you may have to a third party (e.g., discloses private information about a third party without consent); or
• is contrary to the agreement, including Power of Patient’s rules and policies.
• You will not post or transmit any content (whether to the Website or to the Product) that would impersonate someone else or falsely represent your identity or qualifications, or that would cause a breach of any individual's privacy.
• Post or transmit (whether to the Website or to the Product) any advertisements, solicitations, chain letters, investment opportunities, other schemes, or any unsolicited commercial communication. You agree not to engage in spamming or flooding.
• Post, publish, transmit, reproduce, distribute, or in any way exploit (a) any information, software or other material obtained through the Website for commercial purposes, or (b) any information, software, or other material which is protected by copyright or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder.
• You shall not: (a) sublicense, sell, lease, rent, distribute, or otherwise transfer the Product or any rights therein to any third party; (b) reverse engineer, decompile, or disassemble the Product or attempt to derive its source code; (c) modify, adapt, or create derivative works based on the Product; (d) use the Product to develop a competing Product; or (e) remove, alter, or obscure any proprietary notices or labels on the Product.
• You shall not use the Product in a manner that infringes the trademark, patent, copyright, trade secret or other intellectual property right of any other person.
Website Monitoring. We have no obligation to monitor the Website. However, you acknowledge and agree that we have the right to monitor the Website electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation, or other governmental request; to operate the Website or Services properly; or to protect us or our subscribers. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in our sole discretion are unacceptable, undesirable, inappropriate, or in violation of these Website Terms.
Blogs. To the extent that the Website maintains or allows the use of a blog, all content provided on any blog is for informational purposes only. Neither we, nor any owner of such blog makes any representations as to the accuracy or completeness of any information on this site or found by following any link on this site. Neither we, nor any owner, will be liable for any errors or omissions in this information nor for the availability of this information. Neither we, nor any owner, will be liable for any losses, injuries, or damages from the display or use of this information. These terms and conditions of use are subject to change at any time and without notice.
Feedback. We may provide you with a mechanism to provide Feedback, as defined in the Power of Patients User or Subscriber Agreement, in connection with the Website. You agree that we may, in our sole discretion, use the Feedback you provide in any way, including in future modifications of the Website, multimedia works, advertising and promotional materials, or development of Products and Services. You agree not to submit any Feedback that you do not have rights in, such as copyrighted material belonging to a third a party. You hereby grant us a perpetual, worldwide, fully transferable, irrevocable, royalty-free license to use, reproduce, modify, create derivative works from, distribute, and display the Feedback and any derivations in any manner and for any purpose, and you hereby waive all of your moral rights in your Feedback in favor of us, our Suppliers, and our affiliates.
Third-Party Products and Services. In connection with your use of the Website, you may be made aware of products, services, websites, physical venues, geographical sites, offers or promotions, clinical trials or other research from third parties (“Third-Party Properties”). Unless expressly stated to the contrary, such references do not constitute an affiliation with or endorsement by Power of Patients of any such Third-Party Properties. You acknowledge that Power of Patients is providing any references to such Third-Party Properties to you solely as a convenience to you. You are solely responsible for reviewing and understanding the terms and conditions governing any such third-party offerings. You agree that the third party, and not Power of Patients, shall be solely responsible for all such Third-Party Properties and that Power of Patients is not responsible for any injury, harm, damages, or negative experience you may encounter by accessing, visiting, or using such Third-Party Properties. If you access, visit, or use any Third-Party Properties referred to on our Website, you do so at your own risk.
Availability of the Website. It is not possible to operate our Website with 100% guaranteed uptime. Power of Patients will make reasonable efforts to keep our Website operational. However, certain technical difficulties, routine site maintenance and upgrades, and other events may, from time to time, result in interruptions to or outages of our Website. You agree that Power of Patients shall not be liable to you or to any third party for any direct or indirect consequence of any modification, suspension, discontinuance of, or interruption to our Website.
Community Forums. We may include a community forum or other social features to permit members to share Content (as defined in the Power of Patients User or Subscriber Agreement) and information. We do not monitor and are not responsible for the content in these community forums. Please use respect when you interact with other users. Additional terms may apply.
Disclaimer of Warranties. YOUR USE OF THE SITE, INCLUDING ANY PRODUCTS AND SERVICES, AND CONTENT CONTAINED THEREIN, IS ENTIRELY AT YOUR OWN RISK. THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE," AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, OUR AFFILIATES, LICENSORS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS, AND SUPPLIERS DISCLAIM ALL GUARANTEES AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SITE AND RELATED MATERIALS INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, AND NON-INFRINGEMENT. WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY CONTENT ON THE SITE, REGARDLESS OF WHO ORIGINATES THAT CONTENT. WE DO NOT WARRANT THAT THE SITE IS SECURE OR FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION OR THAT THE SITE WILL MEET YOUR REQUIREMENTS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON ANY SITE CONTENT. WE ARE NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY CONTENT POSTED ON OR LINKED FROM THE SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN CONTENT, OR FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT.
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR FOR DAMAGES RELATING TO TELECOMMUNICATION FAILURES OR LOSS, CORRUPTION, FAILURE OF SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE, OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF WE OR OUR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN ADDITION, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF POWER OF PATIENTS AND ITS SUPPLIERS FOR ANY AND ALL CLAIMS ARISING HEREUNDER SHALL BE THE AMOUNT YOU PAID TO POWER OF PATIENTS FOR PRODUCTS AND SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN POWER OF PATIENTS AND YOU. POWER OF PATIENTS WOULD NOT HAVE PROVIDED THE SERVICE WITHOUT SUCH LIMITATIONS.
Termination and Amendment. Your privilege to use or access the Website, as well as any Products and Services, may be terminated immediately and without notice if you fail to comply with any term or condition of the Website Terms. Upon such termination, you must immediately cease accessing or using the Website and agree not to re-register or otherwise make use of the Website. Furthermore, you acknowledge that we reserve the right to take action — technical, legal or otherwise — to block, nullify, or deny your ability to access the Website. You understand that we may exercise this right in our sole discretion.
We reserve the right, in our sole discretion, at any time and from time to time to change, modify, or discontinue, either temporarily or permanently, the Website (or any part thereof). We shall not be liable to you or other third-parties for any such modification, suspension, or discontinuance except as expressly provided herein.
You agree to defend, indemnify, and hold us and our affiliates and Suppliers harmless from any and all claims, liabilities, costs, and expenses, including reasonable attorneys' fees, arising in any way from your use of the Website or the placement or transmission of any message, information, software, or other materials through the Website by you or users of your account, or related to any violation of these Website Terms by you or users of your account.
COPPA Compliance. In compliance with the Children’s Online Privacy Protection Act (“COPPA”) the Company does not knowingly allow access to the Website, Service or Content to persons under age 13. If you are under age 13, you are not authorized to post any personal information about yourself to the Website or provide any personal information about yourself to Company. If we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that the Company might have any information from a child under age 13, please contact us at the address set forth herein.
Intellectual Property Infringement Complaints. If you believe a work protected by a U.S. copyright you own has been posted on the Website without authorization, you may notify our copyright agent, and provide the following information:
A. a physical or electronic signature of the person authorized to act on behalf of the copyright owner;
B. identification of the copyrighted work or works claimed to have been infringed;
C. a detailed description of the material you claim is infringing, together with information sufficient to enable us to locate it, including the URL or other description of where the infringing material appears;
D. your name, mailing address, telephone number, and e-mail address;
E. a statement by you that you believe in good faith that the copyrighted material identified is being used in a manner that is not authorized by the copyright owner, its agent, or the law; and
F. a statement by you that the above information is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright allegedly infringed.
To notify Power of Patients of a claimed copyright infringement, please contact:
Power of Patients, LLC
Miscellaneous. These Website Terms are a complete statement of the agreement between you and us and our Suppliers and set forth the entire liability of us and our Suppliers and your exclusive remedy with respect to your access and use of the Website. In the event of a conflict between these Website Terms of Service and the Privacy Statement, the Privacy Statement shall prevail as to matters specifically stated therein. Our Suppliers, agents, distributors, dealers, and employees are not authorized to make any representations, commitments, or warranties different from stated here. Access to and use of our Website are unauthorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation this provision. If any provision of these Website Terms is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible, and the remaining provisions will continue in full force and effect. No failure or delay in enforcing any provision, exercising any option, or requiring performance shall be construed to be a waiver of that or any other right in connection with the Agreement. You may not assign, by operation of law or otherwise, any rights or delegate any duties under the Agreement to any third party without prior written consent by Power of Patients. Any purported assignment lacking such consent will be void at its inception. Power of Patients may assign all or part of its rights and/or delegate all or part of its duties under the Agreement to any party, at any time, and in its sole discretion, upon notice of assignment by posting such notice on our Website.
Operation of the Website from the United States of America. By accessing and using the Website, you acknowledge and agree that Power of Patients controls and operates the Website from the United States of America and that the Website, and the information contained on the Website, is intended for use by End Users located in the United States of America. Other countries may have laws and regulatory requirements that differ from those in the United State of America. Unless expressly stated to the contrary, Power of Patients makes no representation that the Website, or the information contained on the Website, is appropriate or will be available for use in other locations. Unless otherwise explicitly stated, all material and content found on or accessible through the Website is solely directed to individuals, companies, or other entities located in the United States of America. Power of Patients reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any feature, product, or service made on or through the Website is void where prohibited. If you access or use the Website from outside the United States of America, you are entirely responsible for compliance with applicable local laws and other applicable laws. You may not use any portion of the Website in violation of applicable export laws and regulations.
Applicable Law and Venue. Unless contrary to local law, the Website Terms will be governed by Commonwealth of Massachusetts law as applied to agreements entered into and to be performed entirely within Commonwealth Massachusetts, without regard to its choice of law or conflicts of law principles that would require application of law of a different jurisdiction, and applicable federal law. You and Power of Patients agree and consent that jurisdiction, proper venue, and the most convenient forum for all claims, actions, and proceedings of any kind relating to our Website or the Agreement will be exclusively in the federal or state courts of the Commonwealth of Massachusetts. These Website Terms do not limit any rights that we may have under trade secret, copyright, patent or other laws.
A. Complaints. In the event of a dispute relating to your access to and use of the Website or this Agreement, you and Power of Patients agree to seek an amicable agreement and to communicate with each other all necessary information to this end
B. Internal Dispute Resolution and Mediation. If any dispute or claim arises between the you and Power of Patients in connection with this Agreement, you and Power of Patients agree to discuss and seek to resolve such dispute or claim in good faith through internal dispute resolution. If you and Power of Patients are unsuccessful in resolving any such dispute or claim, either party may seek to submit the dispute or claim to arbitration by sending notice of the same to the other party.
C. Arbitration. If the parties’ good faith attempts to resolve a dispute or claim by internal dispute resolution, such dispute or claim shall be resolved through final, binding arbitration under the substantive and procedural requirements of the Federal Arbitration Act. The arbitration shall be conducted by a single, neutral arbitrator chosen by the parties, and conducted in a location mutually agreed to by the parties or, if the parties cannot agree, chosen by the arbitrator. The arbitration shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association. Should any party refuse or neglect to choose an arbitrator or otherwise sincerely and in good faith participate in the arbitration process, then the arbitrator is empowered to proceed with one side alone. The parties agree that the arbitrator, and not a court, shall have exclusive jurisdiction over the interpretation, validity, and scope of this arbitration agreement. Except as expressly provided otherwise below, no party shall file or maintain any lawsuit in any court against the other, and the parties agree that any suit filed in violation of this arbitration agreement shall be dismissed by the court in favor of an arbitration conducted pursuant to this agreement. Each party shall bear its own expenses and the parties shall equally share the arbitration filing fee, arbitrator’s compensation, facilities fees, and other administrative fees. However, if the claim or defense of any party is upheld by the arbitrator in all material respects, then the prevailing party shall be promptly reimbursed by the other party for its reasonable attorneys’ fees and disbursements, the reasonable costs of its experts and witnesses, and all other fees, costs, and expenses of the arbitration. Any award of the arbitrator shall be in writing and shall state the reasons for the award. Any remedy available from a court under the law shall be available in the arbitration. Judgment upon an award may be entered in any court having competent jurisdiction. Any judgment therein may be enforced in any court having jurisdiction. The parties, their representatives and participants and the arbitrator shall hold the existence, content and result of the arbitration in confidence, except to the limited extent necessary to enforce a final settlement agreement or to obtain or enforce a judgment on an arbitration decision and award. If any provision of this arbitration agreement is adjudged to be void or otherwise unenforceable, in whole or in part, such adjudication shall not affect the validity of the remainder of the agreement. If this arbitration agreement is declared unenforceable and cannot be administered, interpreted, or modified to be enforceable, the parties agree any such dispute shall be commenced and maintained exclusively in the state or federal courts in the Commonwealth of Pennsylvania and the parties each consent to the personal jurisdiction of said courts. Any dispute or claim shall be brought solely in the party’s individual capacity, and not as a representative, private attorney general or class member in any purported class action, representative proceeding, mass action or consolidated action.
WAIVER OF JURY TRIAL. THE PARTIES UNDERSTAND THAT BY ENTERING INTO THIS ARBITRATION AGREEMENT, ALL PARTIES ARE GIVING UP THEIR RIGHT TO A JURY TRIAL AND, IF APPLICABLE, ANY RIGHTS THEY MAY HAVE TO BRING ANY CLAIMS ON A CLASS, REPRESENTATIVE, CONSOLIDATED OR MASS ACTION BASIS.
Equitable Remedies and Immediate Relief. It is specifically agreed that a breach of the provisions of this Agreement concerning the use and/or non-disclosure of proprietary or confidential information may result in irreparable injury for which there is no adequate remedy at law. Accordingly, and without prejudice to a party’s remedies available at law, a party who claims such a breach will be entitled to seek specific performance, injunctive relief, or other equitable remedies without proof of actual damages or the posting of a bond. Nothing herein shall any party from seeking immediate injunctive relief pursuant to the Emergency Measures of Protection procedures in the AAA Commercial Rules if, in its judgment, such relief is necessary to protect its interests prior to utilizing or completing this dispute resolution process. Such remedy shall be in addition to all other remedies, including money damages, available to such party at law or in equity.
Unsolicited Materials and End User’s Grant of Limited Licensed. In operating our Website, Power of Patients does not solicit, nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Website, our mail and e-mail addresses, or in any other way. Any information or material submitted or sent to Power of Patients (including, but not limited to, comments, questions, feedback, data, suggestions, ideas and the like) will be deemed to be not confidential or secret. By submitting or sending information or other material to Power of Patients, you represent and warrant that the information is original to you and that no other party has any rights to the material. By communicating with Power of Patients, including submitting or sending content to us, you grant Power of Patients the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non exclusive, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in such content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating the content, in whole or in part, into any new Power of Patients feature, product, or service. You will remain responsible for the accuracy, copyright compliance, legality, decency, and all other aspects of such submitted material.
Power of Patients
Revised: November 1, 2023