1. Consult Your Physician for Medical Advice. Although the Site and Service may assist in managing medical information and may include articles and information in the field of health care, nothing in the Service or Site should be used as a substitute for medical advice or other professional advice. Any information and tools on the Site or Service are for informational purposes only and are not intended to provide a diagnosis or take the place of consultation or advice from a health care professional.
You should not rely solely on the Service or Sites 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 in connection with the Site or Service. 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 Service, 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 Service 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 setup of your Service account or in connection with your use of the Service is accurate, to the best of your knowledge. You may not register for an account on behalf of or in the name of an individual other than yourself. You agree to promptly update any account information when such information changes.
4. Authorized Use. You may access and use the Site and Service 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 Service.
5. Links to Other Sites. The Site and Service 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 and resources. The inclusion of any link on the Site or Service does not constitute or imply an endorsement or recommendation by Magnus of any information, products or services associated with the link.
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 Service.
7. Intellectual Property. The Site, the Service and all associated content, software (in both source code and object code format), materials, images, graphics, logos, video, audio, graphical elements, look and feel, structure, organization, design, algorithms, templates, data models, logic flow and screens, together with any and all Magnus names and brands, and all copyrights, trademarks, trade secrets, patents and other intellectual property rights associated with any of the foregoing are and shall remain the sole property of Magnus or applicable third party licensors. Nothing in this Agreement transfers any of such rights to you. Notifications of claimed copyright infringement with respect to any articles made available on the Site or Service 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.
You may not rent, lease, lend, sell, distribute or sublicense the Service. You may not decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of Magnus’ rights and the rights of its licensors. If you breach this restriction, you may be subject to prosecution and damages.
8. Reserved Rights. Magnus reserves the right, in its sole discretion, to: (i) suspend or terminate your user privileges and block your access or use of the Site or Service (in whole or in part) at any time, with or without prior notice, if you breach these Terms of Use; (ii) change any aspect of the Site or Service 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 Service, 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 User Restrictions. You agree to comply with all applicable laws in connection with your use of the Site and Service. You may not use the Site or Service 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. You further agree not to: (e) upload files or other materials or information that may contain viruses, malware, spyware, Trojan horses, worms, time bombs, corrupted files, or any other contaminating or destructive software (“Virus”); (f) disable, “hack” or otherwise interfere with the proper functioning of, or to restrict or inhibit another user from accessing or using the Site or Service; (g) impersonate someone else or to create a false identity to mislead others; or (h) use any automated process or service (such as a bot, a spider, periodic caching of information, or metasearching) to access or use the Service. In the event a Virus is found to have been introduced into the Site or Service through your equipment or software, you agree to assist Magnus as requested to mitigate any damage and restore the Site or Service to its prior condition.
10. Security. Magnus will use reasonable security measures to protect against unauthorized access to the Site and Service. 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 Service. You agree to observe all security features on the Site and Service and not to disable or circumvent any security features or devices.
11. DISCLAIMER OF WARRANTIES. The Site and Service may include errors and omissions, and may be unavailable from time to time. Therefore, Magnus cannot be liable for your reliance on the Site, Service, including without limitation information made available through the Site or Service 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 OR NONINFRINGEMENT, AND ANY WARRANTIES WITH RESPECT TO (A) THE PERFORMANCE, FUNCTIONALITY, RELIABILITY, CONTINUOUS AVAILABILITY, SECURITY, OR OPERATION OF THE SITE OR SERVICE, (B) THE ACCURACY, CURRENCY, COMPLETENESS, VALIDITY OR RELIABILITY OF DOCUMENTS, INFORMATION OR OTHER CONTENT ON THE SITE OR SERVICE, OR (C) THE ABSENCE OF VIRUSES OR OTHER HARMFUL CODE ON THE SITE OR SERVICE.
12. LIMITATIONS OF LIABILITY. IN NO EVENT SHALL MAGNUS OR ANY MAGNUS EMPLOYEE, MANAGER, MEMBER, OFFICER, DIRECTOR OR AGENT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, INDIRECT OR OTHER DAMAGES ARISING FROM YOUR USE OF (OR INABILITY TO USE) THE SITE OR SERVICE 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, DIRECT DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $1,000 IN THE AGGREGATE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH THE SITE OR SERVICE IS TO STOP USING THE SITE AND SERVICE. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE THE EVENT GIVING RISE TO SUCH ACTION OCCURRED.
13. ASSUMPTION OF RISK; WAIVER. YOU ASSUME ALL RESPONSIBILITY AND RISK OF DAMAGE, INJURY, OR OTHER LOSS RESULTING FROM THE USE OF THE SITE OR SERVICE, INCLUDING WITHOUT LIMITATION 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 SERVICE. USERS WHO ARE CALIFORNIA RESIDENTS HEREBY WAIVE ANY RIGHTS UNDER CALIFORNIA CIVIL CODE SEC. 1542; USERS WHO ARE RESIDENTS OF OTHER STATES AND NATIONS SIMILARLY WAIVE ON THEIR BEHALF, THAT OF THEIR INSTITUTION (AND THAT OF ANY OTHERS WHO MAY CLAIM BY OR THROUGH ANY OF THE FOREGOING) ANY AND ALL SIMILAR RIGHTS UNDER APPLICABLE OR ANALOGOUS LAWS, STATUTES, REGULATIONS OR OTHER BINDING LEGAL AUTHORITIES.
14. Indemnification. You agree to indemnify and hold Magnus and its employees, officers, directors, members, managers, vendors, affiliates, and agents harmless from any claims, suits, damages, costs, expenses (including attorneys’ fees) and other losses and liability resulting from your breach of these Terms of Use or your negligence or intentional misconduct in connection with your access or use of the Site or Service.
15. Privacy Policy. The Magnus Customer Privacy Policy is available at magnushealth.com/privacy-policy/ and is incorporated herein by reference. It explains how Magnus may use and transfer information collected in connection with the Site or Service.
16. 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.
17. 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 Service.
18. Assignment. You shall not assign this Agreement or assign any of your rights or delegate any of your obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without Magnus’ prior written consent. Any such purported assignment or delegation without Magnus’ prior written consent will be null and void and of no force or effect.
19. Relationship of the Parties. It is expressly understood that each party to this Agreement is an independent contractor, and that nothing herein shall be construed as creating a partnership, joint venture, agency, or employment relationship between you and Magnus. You shall not have any right, power or authority, express or implied, to bind Magnus. Nothing in this Agreement is intended, nor shall be deemed, to confer any obligation to, or to confer any rights or any benefits on, any non-party.
20. Additional Terms. These Terms of Use constitute the entire agreement between Magnus and you with respect to the subject matter hereof, and all prior agreements, representations, statements and undertakings, whether oral or written, are hereby superseded and cancelled. Neither this Agreement nor any rights or obligations hereunder may be modified by you without prior written consent of Magnus. Any failure by Magnus to act with respect to a breach by you or others does not waive Magnus’ right to act with respect to subsequent or similar breaches.
21. Cookie Policy. This website stores cookies on your computer. These cookies are used to collect information about how you interact with our website and allow us to remember you. We use this information in order to improve and customize your browsing experience and for analytics and metrics about our visitors on this website and our other domains.
21. Support; Questions; Comments. To report any technical problems with the Site or Service (including downtime), or if you have any questions about these Terms of Use, please send an e-mail to service@magnushealth.com or call (877) 461-6831.
