MigrainePal Terms of Service
1. Acceptance of Terms
1.1 These Terms of Service (TOS) are effective from Monday 9 December 2013.
1.2 The TOS will govern your access to, and use of, the MigrainePal services, products and any applications (including mobile applications) that are made available by MigrainePal (collectively the Service).
1.3 Any advice or information provided by or accessed through the use of the Service is provided by MigrainePal and not by any director or employee of MigrainePal.
1.4 To be eligible to access or use the Service:
(a) You must be at least 18 years of age.
(b) You must have the requisite capacity to enter into a legally binding agreement.
(c) You agree to provide true, accurate, current and complete information about yourself.
1.6 By accessing or using the Service, however accessed, you agreed to be bound by these TOS (the Agreement). If you do not agree to be bound by these TOS, do not access or use the Service.
2.1 The Service has been developed to help individuals improve their migraine condition.
2.2 In agreeing to these terms, you understand that the information provided by MigrainePal is for educational purposes only and is not intended as a substitute for medical treatment by a healthcare professional. MigrainePal does not provide medical advice. Do not stop taking your medication or change your treatment plan without consulting your doctor first. MigrainePal does not guarantee that use of the Service will result in any improvement to the health, nutrition or exercise results of its users.
2.3 You agree to indemnify and hold harmless MigrainePal, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.
3. Use of information and member conduct
3.1 If you register with MigrainePal, you will receive a password and access to an individual account. In accepting this Agreement, you understand that:
(a) You are responsible for maintaining the security of your account.
(b) You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive Content.
(c) You are responsible for all activities that occur under the account and any other actions taken in connection with the account.
(d) You must immediately notify MigrainePal of any unauthorized uses of your account or any other breaches of security.
(e) MigrainePal will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
(f) MigrainePal is for personal use only. You agree to not copy, reproduce, republish, sell or otherwise profit from the information found on the Service for non-personal use or redistribute the information for non-personal use.
(g) You must not upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(h) You must not upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(i) You must not upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
(j) You must not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
(k) You must not upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and
(l) You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your MigrainePal ID), use of the Service, or access to the Service.
4. Disclaimer of Warranties
4.1 Your use of the Service is at your own risk. MigrainePal makes no representations or endorsements about the suitability for any purpose of products, services, and information available through this site.
4.2 MigrainePal will not be liable in contract or tort, and will be excluded from strict liability, for any:
(a) Direct, indirect, incidental, special or consequential damages arising out of or in any way connected with the use of the Service.
(b) Delay or inability to use the Service.
(c) Hypertext or graphic links to third parties.
(d) Breach of security associated with the transmission of sensitive information through the web site or any linked site or for any information, products, and services obtained through the website.
4.3 We do not guarantee the timeliness, validity, completeness or accuracy of the content. We do not warrant that the functions, materials or content in the site will be uninterrupted or error-free. Additionally, we do not warrant that site will remain free of virus or other harmful components.
5. Limitation of Liability
5.1 In no event will MigrainePal, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for:
(a) any special, incidental or consequential damages;
(b) the cost of procurement or substitute products or services;
(c) any interruption of use or loss or corruption of data;
(d) any failure or delay due to matters beyond our reasonable control; and
(e) any amounts that exceed the fees paid by you to MigrainePal under this Agreement during the 12 month period prior to the cause of action.
7. Change to Service
7.1 MigrainePal reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes.
7.2 Your continued use of or access to the Service following the posting of any changes to this TOS constitutes acceptance of those changes. MigrainePal may also, in the future, offer new services and/or features through the MigrainePal website or application (including, the release of new tools and resources). Such new features and/or services will be subject to these TOS.
8.1 MigrainePal may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately.
8.2 If you wish to terminate this Agreement or your MigrainePal account, you may send a request to terminate your account, which will place your account in a queue to be removed within 30 days. All provisions of this Agreement which by their nature shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.