Terms Of Service
- Description of Services
MyMigraineTeam (“MyMigraineTeam,” “MyMigraineTeam Mobile,” “us” or “Site”) is a free resource for the migraines community to share and connect with others and exchange insights about providers. It is a destination to:
- find other people like you in order to connect and share;
- read about the teams of providers assembled by people like you;
- read the personal stories of others to better understand the context in which those teams were assembled;
- share information about their own stories and teams and reviews of specific providers they may be looking for or have experience with; and
- communicate with others in the community to share tips and ask questions.
MyMigraineTeam is not a medical referral site and does not recommend or endorse any particular Provider or medical treatment. No information on MyMigraineTeam should be construed as medical and/or health advice. MyMigraineTeam is not a “covered entity” for purposes of determining applicability of the Health Insurance Portability and Accountability Act of 1996 and the rules promulgated there under (HIPAA) to the Site and the treatment of User Content (defined below) provided by you.
- Acceptance of Terms
MyMigraineTeam is provided to you by MyHealthTeam, Inc. (MyHealthTeam), and by using the Site you agree to the terms and conditions contained herein (“Terms of Service“). We may update this Terms of Service from time to time, and your continued use of the Site shall be deemed your acceptance of any such updated Terms of Service. This Terms of Service comprises the entire agreement between you and MyMigraineTeam and supersedes all prior agreements between the parties regarding the subject matter hereof. By using the Site, you understand and agree that the Site is intended for an adult audience and, as such, there may be some content on the Site that is inappropriate for minors.
On occasion, MyMigraineTeam will inform you of upcoming clinical trials or services in your area that may be relevant to your diagnosis. However, information that can identify you, such as your name or email address, will NEVER be shared with partners of any kind without your permission.
You have our guarantee that we will NEVER betray your personal health confidences. We believe in transparency, we let our members know exactly what we do or do not do with their information.
- Conditions of Use
As between you and MyMigraineTeam, all content on or made available through the Site shall be owned exclusively by MyHealthTeam and is protected by copyright under both United States and foreign laws. You may use the content appearing on the Site solely for your personal, non-commercial use. Any use of such content not expressly permitted by the Terms of Service is a breach of the Terms of Service, and may be a violation of copyright, trademark, and other laws. The content and features of the Site are subject to change from time to time or deletion without notice in our discretion. All rights not expressly granted herein are reserved to MyMigraineTeam and its licensors.
MyHealthTeam may immediately terminate your MyMigraineTeam account or limit your access to the Site without prior notice: (a) upon your breach or violation of the Terms of Service or other incorporated agreements or guidelines; (b) upon request by law enforcement or other government agencies; (c) upon request by you (through self-initiated account cancellation); (d) for unexpected technical issues or problems; (e) for extended periods of inactivity; or (f) for any reason or no reason in our discretion. MyMigraineTeam has no obligation to maintain, store, or transfer to you information or data that you have saved, posted on or uploaded to the Site.
- User Content
Posting User Content on MyMigraineTeam. We encourage you to share your experiences and information on the Site, including without limitation recommendations of Providers listed on the Site, your story, questions, posts and user profile information such as photos and personal experiences (collectively, “User Content”). By posting or submitting User Content to the Site, you warrant that you (i) are the sole author and creator of that content, (ii) have all necessary rights to provide such User Content to the Site and to transfer ownership of such User Content to MyMigraineTeam while it is available on this site. Content available on MyMigraineTeam may not be (re)distributed by any means without the express written approval of MyHealthTeam.
You hereby agree that if you choose to post a recommendation about a Provider on the Site, you will do so only based upon your actual first-hand experience with such Provider. We have the right, but not the obligation, to refuse to display or to remove any User Content posted by you on or to the Site for whatever reason or no reason at all.
You hereby waive any claim that MyMigraineTeam is somehow acting in an unfair or discriminatory manner by refusing to display (or by removing) any User Content.
You agree that you will not post or submit any User Content that MyMigraineTeam determines, in its discretion, contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech);
- References to illegal activity, professional malpractice or health code violations;
- Content which contains material or links to material that infringes upon a third party’s intellectual property or proprietary rights including, without limitation, copyright, patent, trademark, trade secrets, or rights of publicity or privacy;
- Content that intends to sell a product, website, fundraiser or seminar;
- Content that contains personal attacks or describes physical confrontations and/or sexual harassment;
- Personal information or messages including email addresses, URLs, phone numbers, photos and postal addresses of others (or both first and last name of individuals other than yourself unless their name is also part of the business name) that are not already publicly available;
- Messages or URLs that are advertising or commercial in nature, or are inappropriate based on the applicable subject matter;
- Language, photos, video or other media that violates the standards of good taste or the standards of the Site;
- Content that is deemed to be illegal, or to violate any federal, state, or local law or regulation or the rights of any other person or entity;
- Language intended to impersonate other users (including last names of other individuals) or offensive or inappropriate user names or signatures; or
- Content that is not in English, that is encrypted or that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or personal information.
- Any content selling or distributing pharmaceutical products on MyMigraineTeam.
You further agree to accept full liability and responsibility for all User Content submitted by you or on your behalf to the Site.
- Ownership of User Content
By submitting any User Content to the Site, you transfer ownership of such User Content to MyHealthTeam while it is available on this Site. MyHealthTeam is under no obligation to give credit or pay any consideration to you for any User Content you post on or to the Site, or any use by MyMigraineTeam of such User Content.
Content that has been shared on MyMigraineTeam may not be reproduced, (re)distributed or shared outside the Site without the written permission of MyHealthTeam.
- No Endorsement of Content or Businesses
You understand that by using the Site you may be exposed to content that is inaccurate, misleading, or otherwise objectionable. The Site may also contain hyperlinks to third party web sites outside of the Site. We have no control over, and make no representation or endorsement regarding the quality, certification, accuracy, timeliness, reliability, appropriateness or condition of any content posted on the Site or third party sites, including without limitation user reviews, quality of a Provider’s services and information obtained from Health Grades, Inc., a third party content provider to the Site. In addition, none of the content on the Site shall be considered the view or opinion of MyMigraineTeam, its parent, subsidiary or affiliated companies, or its employees, officers, directors, or shareholders. You understand and agree that under no circumstances will MyHealthTeam be liable for any loss or damage of any kind as a result of your use of the Site or your reliance upon any content posted on or otherwise made available through the Site. We also have no obligation to review the Site's content or to pre-screen any of the Providers.
The Site does not provide medical advice and the content available on the Site is not intended to be a substitute for professional medical advice, diagnosis, or treatment. The healthcare provider ratings and reviews are statements of opinion only and not statements of fact or recommendations to utilize any Provider’s services and do not constitute medical advice. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site. If you think you may have a medical emergency, call your doctor or 911 immediately. MyMigraineTeam does not recommend nor endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. You are solely responsible for determining whether the information provided is suitable for their purposes, and reliance on the information is at your sole risk. You should obtain additional information as may be necessary for you to make an informed decision. Neither MyMigraineTeam nor any third party content provider to the Site assumes any responsibility or liability for any advice, treatment, or services rendered by any Provider featured on the Site.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Terms of Service. This Terms of Service is solely between you and MyHealthTeam and is not intended to be for the benefit of any third party except as expressly provided herein. If there is a dispute between participants on this Site, or between users and any third party, you understand and agree that MyHealthTeam is under no obligation to become involved. You hereby release MyHealthTeam, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to disputes between you and one or more users, Providers, third parties and/or any services.
- Offline Conduct
Although MyMigraineTeam cannot monitor the conduct of its users off the Site, it is a violation of the Terms of Service to use any information obtained from the Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without his/her prior explicit consent.
We utilize secure servers to protect your Registration Information. You will be responsible for all activities that occur under your Registration Information. You agree to immediately notify us in writing of any unauthorized use of your account with us.
- Unauthorized Use of Site
You may not use any device, software or routine to interfere with the proper working of the Site. You may not intercept or expropriate any system data or information, or copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Site without the express written permission of MyHealthTeam. You may not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of the Site including without limitation to unsolicited email (i.e. "Spam"). You shall not use any method, including without limitation the use of robots, spiders, other automatic devices or manual processes, to monitor or copy our web pages or the content contained on the Site without the prior expressed written permission of MyHealthTeam.
- System Outages
We periodically schedule system downtime for maintenance and other purposes. Unplanned system outages also may occur. We are not responsible whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, mis-delivery, non-delivery of information caused by such system outages, or any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site.
MyMigraineTeam is provided "as is" and without any warranty or condition, express, implied or statutory. MyHealthTeam specifically disclaims any implied warranties of title, merchantability, and fitness for a particular purpose, accuracy of informational content and non-infringement. You assume full responsibility and risk for use of the Site and hyperlinked web sites. We make no warranty that the Site will meet your requirements or that the services provided on the Site will be uninterrupted, timely, secure or error free. We also make no warranties as to the results that may be obtained from the use of the Site or as to the accuracy or reliability of any information obtained through the Site or that any defects will be corrected. No advice or information, whether oral or written, obtained by you from MyMigraineTeam shall create any warranty not expressly made herein. This disclaimer is made to the fullest extent permitted by law. In addition, MyHealthTeam disclaims any and all liability for the acts, omissions, and conduct of any third party users, Providers, MyMigraineTeam users, advertisers, and/or sponsors on the Site, in connection with the Site or otherwise related to your use of the Site. MyHealthTeam is not responsible for the products, services, actions, or failure to act of any Provider or third party in connection with or referenced on the Site.
- Limitations of Liability
In no event shall MyMigraineTeam, MyHealthTeam, shareholders, affiliates, suppliers or their respective authorized representatives be liable for any indirect, consequential, incidental, special, punitive or exemplary damages, or for any loss of profits or revenue, including but not limited to loss of sales, profit, revenue, goodwill, or downtime, (however arising in tort, contract, or otherwise) regardless of such party's negligence or whether such party knew or should have known of the possibility of such damages, and in no event shall MyHealthTeam's total cumulative liability under this agreement exceed US$50. You understand and agree that the download and upload of any material through the Site is done at your discretion and risk and that you will be solely responsible for any loss or damage to your computer system or loss of data that may result in the download or upload of any material. MyHealthTeam neither assumes, nor does it authorize any person or entity to assume on its behalf, any liability in connection with the provision of the Site. The limitations of liability provided in these Terms of Service inure to the benefit of MyHealthTeam, shareholders, affiliates and to all of our respective officers, directors, employees, attorneys and agents and, in each case, liability is limited to the fullest extent permitted by law.
You agree to indemnify, defend and hold harmless MyMigraineTeam, MyHealthTeam, shareholders, subsidiaries, affiliates, officers, directors, employees, agents and advisors from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from your use of the Site, any User Content you provide, any violations by you of any applicable laws or regulations, and any breaches by you of the Terms of Service.
- Violations of Terms and Liquidated Damages
Please report any violations of these Terms of Service, by emailing to email@example.com. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
- Notices; DMCA Violations
Notices to users and MyMigraineTeam shall be by email or certified mail, return receipt requested. Notices to MyMigraineTeam shall be sent to firstname.lastname@example.org or, if by certified mail, to MyMigraineTeam, One Post Street, Suite 2250, San Francisco, CA 94104. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. - 512 (the "DMCA"), MyMigraineTeam has designated an agent to receive Notifications of Claimed Copyright Infringement ("Notification") on its Site, who can be reached as follows: MyMigraineTeam, One Post Street, Suite 2250, San Francisco, CA 94104, Attention: Legal Department – Copyright Agent or by email: email@example.com. If you have a good faith belief that your copyright, trademark and/or other intellectual property, accessed on or through the Site has been used in a manner that constitutes copyright infringement, you must provide all of the following information to MyMigraineTeam’s copyright agent: (a) your name mailing address, telephone number, and email address;(b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Site;(d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;(e) a statement by you, made in good faith and under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (f) an electronic or physical signature of the copyright owner or an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest.
- Governing Law and Choice of Forum
This Terms of Service shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules and matters affecting copyrights, trademarks and patents under U.S. federal law. In any action to enforce this Terms of Service, the prevailing party will be entitled to costs and attorneys' fees. Any suit relating to this Terms of Service or the Site shall be brought exclusively in the federal or state courts of Los Angeles, California and both parties consent to the jurisdiction thereof.
In the event that one or more portions of the Terms of Service shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision contained in the Terms of Service. The headings used throughout the Terms of Service are solely for the convenience of reference and are not to be used as an aid in the interpretation of the Terms of Service. If you have any questions about the Terms of Service, contact us at firstname.lastname@example.org.
This Terms of Service was last updated on November 3, 2015.