Terms of Use

Official Terms and Conditions of Use

Welcome to the Magnus Health LLC (“Magnus”) website (“Site”). These Terms and Conditions of Use (“Terms of Use”) and the Customer Privacy Policy govern your use of the Site and the Magnus Health Student Medical Record (the “SMR”), a subscription-based, restricted access, online personal health information manager made available through the Site which allows subscribers to electronically store, organize and access their personal health record. Your use of this Site or the SMR, regardless of whether you subscribe to the SMR, constitutes your agreement to follow and be bound by these Terms of Use and the Customer Privacy Policy.

1. Consult Your Physician for Medical Advice. Although the Site and SMR may include various articles and information relating to topics in the field of health care, this information is intended to be used for general informational purposes only. It should not be used as a substitute for medical advice or other professional advice. You should not rely on it for medical or health decisions. Always consult with your physician or another qualified health care provider for medical diagnosis or treatment of any medical conditions or concerns you may have. You should never delay seeking medical (or other professional) advice or disregard any advice you receive because of anything you read on the Site or SMR. If you think you may have a medical emergency, call 911 immediately.

2. Protection of User ID and Password. In order to subscribe to the SMR, you will need to register and be assigned a User ID and password. You should keep them confidential. Magnus encourages you not to share your User ID or password with anyone other than (i) your healthcare providers, and (ii) trusted family members and advisors who may need access to your healthcare information in an emergency. You are responsible for all usage or activity on the SMR through the use of your User ID and password. If you believe someone has gained unauthorized access to your User ID and password for any reason (including without limitation due to theft or inadvertent disclosure), you should change your User ID and password immediately or contact Magnus at (877) 461-6831.

3. Information You Provide. You represent that any information you provide to Magnus during the set-up of your SMR account or in connection with your use of the SMR is accurate, to the best of your knowledge. You must not impersonate another person or create false account information or health records for yourself or others. You agree to promptly update any account information when such information changes.

4. Authorized Use. You may access and use the Site and SMR only for its intended purpose. You must comply with any restrictions that may be posted or implemented, including without limitation restrictions on downloading, printing, copying, modifying, publishing, posting, transmitting or distributing documents or other content on the Site or SMR.

5. Links to Other Sites. The Site and SMR contain links to other web sites that are not operated by Magnus. These links are provided to you only as a convenience. Such linked sites are not under the control of Magnus and Magnus is not responsible for their content, or any actions taken by the operators of such other sites. The inclusion of any link on the Site or SMR does not constitute or imply an endorsement or recommendation by Magnus of that entity or its products and services.

6. Equipment. You are responsible for securing, at your own cost, all computer equipment, Internet access, software, and other items or services necessary to access and use the Site and SMR.

7. Intellectual Property. “Magnus Health,” and “Magnus Health Technology” are trademarks and service marks of Magnus. The Site and SMR, and any content made available by Magnus through the Site and SMR (other than your own personal data), is protected by copyright or other intellectual property rights of Magnus or third parties. You do not, by virtue of downloading any content from the Site or SMR, obtain title to, or any other ownership interest in, that content. Notifications of claimed copyright infringement with respect to any articles made available on the Site or SMR should be sent to: service@magnushealth.com. Please include in such notice your contact information and identify the work claimed to be infringing and infringed.

8. Reserved Rights. Magnus reserves the right, in its sole discretion, to: (i) suspend user privileges and block your access or use of the Site or SMR (in whole or in part) temporarily, indefinitely, or permanently at any time, with or without prior notice; (ii) change any aspect of the Site or SMR at any time, including without limitation the availability of any feature or content, and to impose limits on certain features and content, at any time, with or without prior notice; and (iii) monitor, review and use all communications and other use of the Site and SMR, together with information relating to such communications and use, such as identification of sources and recipients of content and usage frequency.

9. Compliance with Laws and Standards. You must comply with all applicable laws in connection with your use of the Site and SMR. You may not use the Site or SMR to: (a) publish or transmit obscene, profane, pornographic, or vulgar materials; (b) knowingly distribute false information about a person or organization; (c) distribute advertising or other unsolicited materials to any third parties; or (d) harass, intimidate or threaten others.

10. Viruses. You must use reasonable efforts to ensure that no viruses or other harmful code are introduced into the Site or SMR through your equipment or software. In the event a virus or other harmful code is found to have been introduced into the Site or SMR through your equipment or software, you agree to assist Magnus as requested to mitigate any damage and restore the Site or SMR to its prior condition.

11. Security. Magnus uses security measures to protect against unauthorized access to the Site and SMR. However, no security measures are perfect and you agree that Magnus is not responsible for any failure of such security measures to prevent unauthorized access to the Site or SMR. You agree to observe all security features on the Site and SMR and not to disable or circumvent any security features or devices.

12. Changes to the Terms of Use. Magnus may change these Terms of Use at any time by posting the new Terms of Use the next time you access the Site or SMR. If you do not agree to be bound by the changes, you should not use the Site or SMR again. You will be deemed to have agreed to be bound by any changes to these Terms of Use if you use the Site or SMR on or after the effective date of the change.

13. DISCLAIMER OF WARRANTIES. The articles, data and other information on the Site and SMR may include errors and omissions. Any opinions, recommendations, views or other statements in the content should not be relied on as facts. The Site and SMR also may be unavailable from time to time. Therefore, Magnus cannot be liable for your reliance on the Site, SMR, or information made available through the Site or SMR for any reason. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MAGNUS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES WITH RESPECT TO (A) THE PERFORMANCE, FUNCTIONALITY, RELIABILITY, CONTINUOUS AVAILABILITY, SECURITY, OR OPERATION OF THE SITE OR SMR, (B) THE ACCURACY, CURRENCY, COMPLETENESS, VALIDITY OR RELIABILITY OF DOCUMENTS, INFORMATION OR OTHER CONTENT ON THE SITE OR SMR, OR (C) THE ABSENCE OF VIRUSES OR OTHER HARMFUL CODE ON THE SITE OR SMR.

14. LIMITATIONS OF LIABILITY. IN NO EVENT SHALL MAGNUS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, INDIRECT OR OTHER DAMAGES ARISING FROM YOUR USE OF (OR INABILITY TO USE) THE SITE OR SMR OR THE CONTENT CONTAINED THEREIN (WHETHER BY CONTRACT, TORT OR OTHERWISE), EVEN IF MAGNUS HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. MAGNUS SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $1,000. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH THE SITE OR SMR IS TO STOP USING THE SITE AND SMR. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SITE OR SMR MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE THE EVENT GIVING RISE TO SUCH ACTION OCCURRED.

15. ASSUMPTION OF RISK; WAIVER. YOU ASSUME ALL RESPONSIBILITY AND RISK OF DAMAGE, INJURY, OR OTHER LOSS RESULTING FROM THE USE OF THE SITE OR SMR, OR THE INFORMATION CONTAINED THEREIN. YOU HEREBY WAIVE, RELEASE AND FOREVER DISCHARGE MAGNUS AND ITS AFFILIATES, AND THEIR RESPECTIVE BUSINESS PARTNERS, EMPLOYEES AND AGENTS FROM ANY CLAIMS, LIABILITIES OR OTHER OBLIGATIONS RESULTING FROM YOUR USE OF THE SITE OR SMR.

16. Indemnification. You agree to indemnify and hold Magnus and its vendors, affiliates, and their respective business partners, employees and agents harmless from any third party claims, damages or other liability resulting from your violation of these Terms of Use or your negligence or intentional misconduct in connection with accessing or using the Site or SMR.

17. Privacy Policy. The Magnus Customer Privacy Policy is available at magnushealth.com/privacy-policy/. It explains how Magnus may use and transfer information collected in connection with the Site or SMR.

18. Severability. If any provision in these Terms of Use is held to be invalid, illegal or unenforceable for any reason, the remaining provisions shall remain effective to the fullest extent permitted by applicable law.

19. Governing Law; Jurisdiction. These Terms of Use are governed by the laws of the State of North Carolina, excluding its conflicts of law principles. You irrevocably submit to, and waive any objection to, the jurisdiction and venue of the United States District Court for the Eastern District of North Carolina or the state courts of North Carolina located in Wake County, North Carolina, with respect of any claim arising from or relating to these Terms of Use or your use of the Site or SMR.

20. Support; Questions; Comments. To report any technical problems with the Site or SMR (such as links that do not connect or downtime), please send an e-mail to service@magnushealth.com or call (877) 461-6831.