Terms of Use

Please read these terms of use carefully before using this site.

These Terms of Use apply to the Mobile Health Marketplace website (“the MHM website”), owned and operated by Mobile Health Marketplace, LLC. (“MHM”).

This agreement contains warranty disclaimers and other provisions that limit MHM’s liability to you. Please read these terms of use carefully and in their entirety, as using, accessing and/or browsing this site constitutes acceptance of these terms of use. If you do not agree to be bound to each and every term and condition set forth herein, please exit this site immediately and do not use, access and/or browse this site.

Mobile Health Marketplace, LLC. (“MHM”) may revise and update these Terms of Use at any time. Your continued usage of the MHM web site (“MHM Site,” or the “Site,”) will mean you accept those changes.

This Site Does Not Provide Medical Advice

 The contents of the MHM Site, such as text and information obtained from MHM’s licensors, and other material contained on the MHM Site (“Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.

MHM does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on this Site. Reliance on any information provided by MHM, MHM employees, others appearing on this Site at the invitation of MHM, or other visitors to this Site is solely at your own risk.

The Site may contain health or medical related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site.

Use of Content

MHM authorizes you to view and copy the material on the MHM Site solely for your personal, noncommercial use if you include the following copyright notice: “©2013, MHM, LLC. All rights reserved” and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the MHM Site may be included elsewhere within the Site and are incorporated into these Terms of Use by reference.

The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with MHM, its licensors, developers and/or advertisers. Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of MHM. All rights not expressly granted herein are reserved to MHM and its licensors.

If you violate any of these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

 Liability of MHM and Its Licensors

 The use of the MHM Site and the Content is at your own risk.

When using the MHM Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of MHM and its suppliers. Accordingly, MHM assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the MHM Site.

The MHM Site and the Content are provided on an “as is” basis. MHM, its licensors, and its suppliers, to the fullest extent permitted by law, disclaim all warranties, express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, fitness for particular purpose and non-infringement of third parties’ rights. Without limiting the foregoing, MHM, its licensors, and its suppliers make no representations or warranties about the following:

1. The accuracy, reliability, completeness, current-ness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the MHM Site or MHM.

2. The satisfaction of any government regulations requiring disclosure of information or the approval or compliance of any applications or software tools with regard to the Content contained on the MHM Site.

In no event shall MHM, its licensors, its suppliers, or any third parties mentioned on the MHM Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the MHM Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not MHM, its licensors, its suppliers, or any third parties mentioned on the MHM Site are advised of the possibility of such damages.

MHM shall only be liable only to the extent of actual damages incurred by you, not to exceed U.S. $500. MHM or any third parties mentioned on the MHM Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.

User Submissions

To the extent there is an inconsistency between this Agreement and the MHM Privacy Policy, this Agreement shall govern.

The Site contains functionality (including blogs, reviews, etc.) that allows users to upload or transmit content to the Site (collectively “Public Areas”). You agree that you will not upload or transmit any communications or content of any type to the Public Areas that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.  If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas. If you make any submission to a Public Area you automatically grant and/or warrant that the owner of such content or intellectual property has expressly granted-MHM the right to use this information royalty-free at the MHM Site.

You agree to only post or upload media (like photos, videos or audio) that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person.

MHM reserves the right to review all submissions including media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion.

MHM Public Areas (“Public Areas”)

If you use a Public Area, such as blogs, etc., you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. MHM and its licensors are not responsible for the consequences of any communications in the Public Areas.

Links to Other Sites, Searches, Directory Listings and Advertisements

The Site contains links to third party web sites. These links are provided solely as a convenience to you and not as a guarantee, warranty, or recommendation by MHM of the services, information, content and/or data on such third party web sites or as an indication of any affiliation, sponsorship or endorsement of such third party web sites.

MHM also may select certain sites as priority responses to search terms you enter and MHM may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. MHM does not recommend and does not endorse the content on any third-party web sites. Your use of third-party web sites is at your own risk and subject to the terms and conditions of use for such sites. MHM does not endorse any product, service, or treatment advertised or listed on the MHM Site.

MHM considers applications submitted by publishers for listing on our Site, but MHM is not obligated to list any application. Listing by MHM of an application on the Site (directory) is not a direct or implied endorsement of any application. MHM uses reasonable efforts to provide a summary of each application based upon information gathered from public sources (e.g. application website, iTunes Store, etc.) and reasonable efforts are made to be accurate and current on such applications. However, MHM does not guarantee the accuracy of this information and users must independently investigate and determine the use for any application. In the event that publishers request that MHM correct any errors in a factual summary, MHM will do so as within a reasonable time from such notice.

MHM accepts advertising on our website and has the sole discretion for determining the types of advertising that will be accepted and displayed by MHM.  MHM reserves the right to reject, cancel or remove at any time any Advertising from the site for any reason and will provide prompt notice to the advertiser upon rejection, cancellation or termination of any advertising, together with an explanation following the rejection, cancellation or removal.  MHM also reserves the right to determine the appropriate placement of the Advertising on the MHM site.

Although products may appear on our site, under no circumstances shall MHM’s acceptance of any advertising be considered an endorsement of the product(s) and/or service(s) advertised or for the company that manufactures, distributes or promotes such product(s) or services(s).

Indemnity

You agree to defend, indemnify, and hold MHM, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

Age Restriction

This Site is intended for persons eighteen (18) years or older. Persons under the age of eighteen (18) should not access, use and/or browse this Site.

 General

MHM is based in Santa Cruz, California, in the United States of America. MHM makes no claims that MHM, or the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the MHM Network from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, Indemnity, Jurisdiction, and those terms which by their nature shall survive expiration or termination.

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with MHM, or in any way relating to your use of the MHM Site, resides in the courts of the State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including any claim involving MHM or its affiliates, subsidiaries, employees, contractors, officers, directors, internet providers, and/or content providers.

These Terms of Use are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Complete Agreement

Except as expressly provided in a particular “legal notice” on the MHM Site, these Terms of Use and the MHM Privacy Policy constitute the entire agreement between you and MHM with respect to the use of the MHM Site, and Content.

Questions or comments regarding this Site, including any reports of non-functioning links, should be submitted by email to:

Mike Allen – President, Mobile Health Marketplace LLC
mallen@mobilehealthmarketplace.com

Last Updated: August 26, 2013

© 2013 MHM, LLC. All rights reserved.

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Disclaimer: Mobile Health Marketplace ("MHM") does not endorse or affirm the validity of the medical content contained in the medical or healthcare technology or applications we list, review or mention. Such medical content is provided "as is." Almost all mobile healthcare or medical applications are not regulated or reviewed by medical bodies, and as such the validity of their content should be determined by the end user, MHM does not take this responsibility. When making medical decisions use your own clinical judgment or consult with a qualified medical professional.

MHM is an independent online publication that provides a directory of mobile health applications. For each listing in the directory, we summarize data available from public sources and provide links to information about the listed app. At our Tech Talk Blog, we also provide reviews and opinions based on MHM's experiences.

© 2013 Mobile Health Marketplace, LLC. All rights reserved.

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