Terms & Conditions
THIS SITE DOES NOT PROVIDE MEDICAL ADVICE

TERMS & CONDITIONS OF USE:
The contents of the MyRapidMD Site, such as text, graphics, images, information obtained from MyRapidMD's licensors, and other material contained on the MyRapidMD 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. Never disregard professional medical advice or delay in seeking it because of something you have read on the MyRapidMD Site!

If you think you may have a medical emergency, call your doctor or 911 immediately. MyRapidMD does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by MyRapidMD, MyRapidMD employees, others appearing on the Site at the invitation of MyRapidMD, or other visitors to the 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.



CHILDREN'S PRIVACY:
We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.



USE OF CONTENT:
MyRapidMD authorizes you to view or download a single copy of the material on the MyRapidMD Site solely for your personal, noncommercial use if you include the following copyright notice: "Copyright (c) 2006, MyRapidMD, Corp.. 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 MyRapidMD Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.

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

If you violate any of these Terms and Conditions, 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 MYRAPIDMD AND ITS LICENSORS:
The use of the MyRapidMD Site and the Content is at your own risk.

When using the MyRapidMD Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of MyRapidMD and its suppliers. Accordingly, MyRapidMD 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 MyRapidMD Site.

The MyRapidMD Site and the content are provided on an "as is" basis. MYRAPIDMD, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, MyRapidMD, its licensors, and its suppliers make no representations or warranties about the following:

  1. The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the MyRapidMD Site or MyRapidMD.
  2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the MyRapidMD Site.

In no event shall MyRapidMD, its licensors, its suppliers, or any third parties mentioned on the MyRapidMD 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 MyRapidMD Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not MyRapidMD, its licensors, its suppliers, or any third parties mentioned on the MyRapidMD Site are advised of the possibility of such damages. MyRapidMD, its licensors, its suppliers, or any third parties mentioned on the MyRapidMD Site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. MyRapidMD, its licensors, its suppliers, or any third parties mentioned on the MyRapidMD Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Communities (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Communities must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.



USER SUBMISSIONS:
The personal information you submit to MyRapidMD is governed by the MyRapidMD Privacy Policy. To the extent there is an inconsistency between this Agreement and the MyRapidMD Privacy Policy, this Agreement shall govern.

You agree that you will not upload or transmit any communications or content of any type to the Public Communities (including message boards, postings, etc.) that infringe or violate any rights of any party. By submitting communications or content to the Public Communities, you agree that such submission is non-confidential for all purposes.

If you make any such submission You agree that you will not send or transmit to MyRapidMD by email, (including through the email addresses listed on the "Contact Us" link) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to MyRapidMD by email, you agree such submission is non-confidential for all purposes.

If you make any submission to a Public Communities or if you submit any business information, idea, concept or invention to MyRapidMD by email, you automatically grant - or warrant that the owner of such content or intellectual property has expressly granted - MyRapidMD a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. MyRapidMD may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Communities or to MyRapidMD by email. We try to answer every email in a timely manner, but are not always able to do so.



PASSWORDS:
MyRapidMD 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 MyRapidMD passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your MyRapidMD account and password; (3) promptly inform MyRapidMD of any need to deactivate a password. You grant MyRapidMD and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. MyRapidMD cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using MyRapidMD tools and services.



MYRAPIDMD SUBSCRIPTION SERVICES:
If you choose to subscribe to one of MyRapidMD's subscription services, such as the MyRapidMD Manager (collectively, the "Subscription Services"), the following additional terms and conditions will apply depending on which service you choose. You should be aware that the MyRapidMD Subscription Services are not intended or designed to attract children under the age of 18. These services do not collect any Personally Identifiable Information from any person we know to be a child under the age of 18.

INFORMATION: You are using the Subscription Services at your own risk and you, with or without your healthcare providers' assistance, are personally responsible for verifying its suitability for your needs.

SECURITY: MyRapidMD protects your information using 256 bit encryption, twice the industry standard. Our 24 hour automated call center is data generated, and only you and our call center servers have access to this information. MyRapidMD does not employ people to staff our call center therefore no strangers see your information when and if it is requested by someone using the toll free call center. Access to this information via the call center requires the input of a membership number and the following of certain procedures as instructed by the call center once access has been approved and granted. Please also see "Information you submit."

CHARGES AND BILLING: You are responsible for providing a valid credit card number at the time you register for a Subscription Service. You represent and warrant that you are an authorized user of such credit card, and you agree to pay all charges resulting from your Subscription Service account at the prices then in effect, including any unauthorized charges incurred prior to your notifying MyRapidMD of such charges. You agree that MyRapidMD may pass your credit card information and related Personally Identifiable Information to its designated service provider(s) for their use in charging you for appropriate services utilized through your Subscription Service. All Subscription Service charges are exclusive of sales or other taxes and you are responsible for payment of any applicable state, local and city taxes. MyRapidMD reserves the right to modify or terminate membership plans, change prices, or institute new charges for any Subscription Service at any time with at least thirty (30) days' notice.



MYRAPIDMD MANAGER:
INFORMATION YOU SUBMIT:When completing the Sign-Up section for your Emergency Services Profile you will type in certain Personal Health Information. This information will appear on your cellular telephone or other mobile device for immediate use by emergency medical services (EMS) professionals. This Personal Health Information can be accessed by anyone who picks up your device, and thus, thoughtful consideration should be made by you about what Personal Health Information you want to identify as Private by marking the Private Box next to that particular information in your ESP. You are responsible for keeping your mobile device safe and secure and out of the reach of others and any information inserted without marking as Private is done at your own risk that such information may be viewed on your mobile device. By completing your ESP, you acknowledge that any information you submit without marking as Private may appear on your cellular phone or other mobile device. MyRapidMD is not responsible for the disclosure of Personal Health Information that you submit without marking as Private on your ESP. Any Personal Health Information that you wish to remain private and not displayed on your cellular telephone or mobile device should be marked as Private by selecting the Private Box next to that information. Any Personal Health Information that you mark Private will be made available to the call center and by marking the Private Box you authorize MyRapidMD to make such disclosure. The Personal Health Information marked Private will be made available to any caller who calls our 24 hour automated call center and inputs a member ID number correctly. By inserting Personal Health Information and marking it Private, you acknowledge that any information you submit will be made available through our 24 hour automated call center and you accept such disclosure.

By these terms and conditions it is acknowledged that MyRapidMD and its partners, resellers and affiliated companies are [is] not responsible or liable for any emergency medical services, including but not limited to the timeliness of EMS personnel, whether or not EMS personnel will locate your mobile device and identify the MyRapidMD logo on your mobile device, whether or not the EMS personnel will utilize the information available through MyRapidMD on your mobile device, whether or not the EMS personnel utilize the call center and if they do, whether they accurately hear and use the information available from the call center in the assessment and treatment of the member. You are responsible and MyRapidMD is not liable for the accuracy, completeness and any changes to your Emergency Services Profile - ESP.

MEMBERSHIP TERM AND PRICING: With the exception of trial memberships and special offers, your membership term is determined by the level of membership you choose. Unless specified otherwise on the MyRapidMD site, each membership is automatically renewed following the initial term on a yearly or monthly basis until notice of cancellation is received by MyRapidMD. Each MyRapidMD member automatically receives a subscription to the MyRapidMD newsletters based on the profile submitted.

CANCELLATION: All subscribers to MyRapidMD can cancel their subscription at any time by contacting the company directly or going to www.myrapidmd.com and sending an email to cancel@myrapidmd.com. Upon cancellation you will no longer receive reminders to update your ESP; your user name & password allowing you access to members only areas of our website, including chat rooms, blogs and notice boards will be cancelled; if you have chosen to participate in the www.myrapidalert.com emergency notification service, your membership in this program will also be cancelled. Your information will be stored in our data bases for 18 months from the date of cancellation. Should you wish to re-join you will be able to retrieve this information within the 1 year period to expedite the re-joining process.

CONTACT US: Questions or comments regarding the MyRapidMD Manager web site, including any reports of non-functioning links, should be directed by email to contact@myrapidmd.com or by U.S. Mail to MyRapidMD Customer Service, 13428 Maxella Ave. #635 Marina Del Rey CA 90292 USA Attn: MyRapidMD Manager Member Services. We try to answer every email or letter in a timely manner but are not always able to do so.



MYRAPIDMD PUBLIC COMMUNITIES:
If you use an online public area, such as a chat room, bulletin board or community posting or other member communities ("Public Communities"), you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Communities. MyRapidMD and its licensors are not responsible for the consequences of any communications in the Public Communities. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.

In consideration of being allowed to use the Public Communities, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

  1. Using a Public Communities for any purpose in violation of local, state, national, or international laws;
  2. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
  3. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by MyRapidMD in its sole discretion;
  4. Posting advertisements or solicitations of business;
  5. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
  6. Posting chain letters or pyramid schemes;
  7. Impersonating another person;
  8. Distributing viruses or other harmful computer code;
  9. Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments; consent;
  10. Allowing any other person or entity to use your identification for posting or viewing comments
  11. Posting the same note more than once or "spamming"; or
  12. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Communities or the Site, or which, in the judgment of MyRapidMD, exposes MyRapidMD or any of its customers or suppliers to any liability or detriment of any type.

MyRapidMD reserves the right (but is not obligated) to do any or all of the following:

  1. Record the dialogue in public chat rooms.
  2. Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
  3. Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
  4. Terminate a user's access to any or all Public Communities and/or the MyRapidMD Site upon any breach of these Terms and Conditions.
  5. Monitor, edit, or disclose any communication in the Public Communities.
  6. Edit or delete any communication(s) posted on the MyRapidMD Site, regardless of whether such communication(s) violate these standards.

MyRapidMD or its licensors have no liability or responsibility to users of the MyRapidMD Site or any other person or entity for performance or nonperformance of the aforementioned activities.



ADVERTISEMENTS, SEARCHES AND LINKS TO OTHER SITES:
MyRapidMD may provide links to third-party web sites. MyRapidMD also may select certain sites as priority responses to search terms you enter and MyRapidMD may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. MyRapidMD does not recommend and does not endorse the content on any third-party websites. MyRapidMD is not responsible for the content of linked third-party sites, sites framed within the MyRapidMD Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. MyRapidMD does not endorse any product advertised on the MyRapidMD site unless expressly stated within the advertisement itself.



INDEMNITY:
You agree to defend, indemnify, and hold MyRapidMD, 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 and Conditions.



GENERAL:
MyRapidMD, Corp. is a Nevada corporation doing business in the United States of America. MyRapidMD makes no claim that the www.myrapidmd.com website and 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 MyRapidMD Site 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, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.



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

These Terms and Conditions are governed by the internal substantive laws of the State of Nevada, without respect to its conflict of laws principles. If any provision of these Terms and Conditions 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 and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.



NOTICE AND TAKE DOWN PROCEDURES; AND COPYRIGHT AGENT:
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting MyRapidMD.

  1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
  2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
  3. Your name, address, telephone number and (if available) e-mail address.
  4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
  5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
  6. A signature or the electronic equivalent from the copyright holder or authorized representative.

Scan and email all the above requested written material to privacy@myrapidmd.com.

If this is not possible then send a letter outlining the above requested information along with original signatures to:
MyRapidMD Corporation.
Privacy
13428 Maxella Ave. #635
Marina Del Rey, CA 90292

Please make sure to retain copies of all documents for your records.

In an effort to protect the rights of copyright owners, MyRapidMD maintains a policy for the termination, in appropriate circumstances, pursuant to its discretion, of subscribers and account holders of the Site who are repeat infringers.



COMPLETE AGREEMENT:
Except as expressly provided in a particular "legal notice" on the MyRapidMD Site, these Terms and Conditions and the MyRapidMD Privacy Policy and Agreement constitute the entire agreement between you and MyRapidMD with respect to the use of the MyRapidMD Site, and Content.

Thank you for your cooperation. We hope you find the MyRapidMD Site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be directed to contact@myrapidmd.com or via U.S. mail to MyRapidMD at 13428 Maxella Ave. #635, Marina Del Rey CA 90292 We try to answer every email or letter in a timely manner but are not always able to do so.