MYMEDVITA TERMS OF USE
Last updated: February 16, 2025
The MyMedVita™ mobile application (whether an iOS, Android or any other version thereof, each, an “App”) and www.mymedvita.com website (the “Site”) are owned and operated by MyMedVita Inc., a Delaware corporation (together with its successors and assigns, “MyMedVita”, “we”, “us” or “our”). The Site and each App, together with any of our related sites, services, tools or applications, are collectively referred to herein as the “Services”. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. By using the Services in any manner, you (the “user”, “you” or “your”) agree to these terms of use (as they may be amended from time to time, the “Terms”), including any additional terms and conditions and policies referenced herein or available by hyperlink. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT USE THE SERVICES. We reserve the right, at our discretion, to change, modify, add or remove portions of the Terms or any such additional terms and conditions or policies at any time, and we will post the Terms (or such additional terms and conditions or policies) as so modified on the Site and each App. Please check these Terms and any such additional terms and conditions or policies referenced herein periodically for changes. Your continued use of the Services following the posting of changes to the Terms or any such additional terms and conditions or policies referenced herein will mean you accept those changes.
THE MYMEDVITA SERVICES
The Services consist of a software platform that enables users to easily access, view and compare healthcare providers and healthcare pricing information. The Services may include features that allow users to input a healthcare procedure (identified by its “CPT-4” code and description), a zip code and/or city associated with such procedure and, at the option of the user, one or more healthcare insurance companies. The primary feature of the Services is to provide a list of healthcare providers in the specified search area who offer the specific procedure, along with associated information such as a negotiated price for such procedure with the provider’s location and phone number.
YOUR USE OF THE SERVICES; USER ACCOUNTS
The Services, including but not limited to all text, graphics, logos, icons, images, data, graphs, audio, videos, computer programs and other material and information contained on, or utilized in the provision of, the Services, are the property of MyMedVita or its licensors, as applicable, and are protected by copyrights, trademarks, trade secrets, patents or other proprietary rights. MyMedVita hereby grants you a limited, nonexclusive, non-transferable, personal license to use the Services only for (i) personal or informational purposes and (ii) for purposes of conducting transactions with MyMedVita or otherwise utilizing features of the Services for their intended purposes in accordance with these Terms. You may print and/or download and store portions of the Services for such purposes, so long as you retain all copyright and other proprietary notices contained within the Services. Except as expressly authorized by MyMedVita in writing, you may not use, copy, distribute, modify or create derivative works from, disclose, display, transmit, or post or any portion of the Services for any purpose, create internet “links” to the Site or any App or “frame” or “mirror” the Site or any App on any other server or wireless or Internet-based device. All rights not expressly granted herein are reserved to MyMedVita and/or its licensors.
To use certain features of the Services or participate in certain activities sponsored by MyMedVita, you will be required to create an account with us. Each user that creates such an account must: (1) personally provide true, accurate, current and complete information on the applicable registration form (collectively, the “Registration Data”) and (2) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete. If, after investigation, MyMedVita has reasonable grounds to suspect that any user’s information is untrue, inaccurate, not current or incomplete, MyMedVita may suspend or terminate any and all current or future use of the Services by that user including any paid subscription which could be subject to forfeit.
A user may receive passwords and account designations upon completing certain registration processes in connection with the Services and is wholly responsible for maintaining the confidentiality of such passwords or designations.
PAYING FOR THE SERVICES
Creating a MyMedVita user account is free. In addition, the Services may be designed in such a manner as to allow registered users to conduct a specified number of searches on the Services over a given period of time (or engage in similar introductory search activities) for free. The Services may also require the purchase of a paid subscription to the Services to engage in searches beyond any such free search limit or similar “free” subscription or introductory period. In order to purchase a paid subscription or other applicable products or services from MyMedVita, you must have an account on the Services, and you must provide a credit card or other form of payment through the Services. Prices for paid subscriptions and such other products or services are as posted on the Services from time to time or as otherwise identified by MyMedVita on the Site, in any App or otherwise. Prices for paid subscriptions or other applicable products and services are subject to change.
You are responsible for applicable sales tax, gross receipts tax and other applicable taxes, surcharges, tolls or fees associated with purchasing paid subscriptions or other products or services through the Services. Such taxes or other items may be posted on the Services or otherwise identified by MyMedVita at the time of purchase.
We may choose to temporarily change our prices for certain products or services for promotional events or similar reasons; such changes are effective when we post the temporary promotional events on the Services or on social media sites or marketing emails. We may, at our sole discretion, change some or all of our products or services at any time. In the event that we introduce a new service, the fees for that service are effective at the launch of the service.
Payments through the Services may be facilitated through one or more third-party payment processors, and you hereby consent to the disclosure of your payment information to any such third party. We may, at our sole discretion, with or without notice to you, choose to change any third-party payment processor with whom we have contracted for the purpose of processing payments on the Services, and our users may be required to adjust their account settings (or to agree to term and conditions of one or more of such payment processors) in connection with such action.
Unless otherwise stated, all prices for paid subscriptions or other products or services of MyMedVita are quoted in US Dollars (USD).
In certain situations, including but not limited to a voided or invalid transaction, we may issue a refund or reimbursement of applicable amounts to a user.
COMMUNICATIONS
You agree to receive communications from us, including via email, text message, telephone call, and push notification, and you agree that we may use automatic messaging systems or similar technology to create or transmit such communication. Communications from us may include without limitation communications of an administrative nature concerning your MyMedVita user account or your use of the Services, updates concerning new or existing features of the Services, communications concerning promotional events and news relating to MyMedVita or the healthcare pricing industry. Standard text message, data or other service charges assessed by your wireless carrier may apply to your receipt of any such communications.
USER CONTENT
The Services may include features pursuant to which you may upload, post, publish or submit feedback or other information about you or your use of the Services to MyMedVita or other users of the Services. All information, feedback, data, text, software, music, sound, photographs, graphics, video, messages or any other materials whatsoever, in each case which is publicly posted on the Services, privately transmitted to MyMedVita through the Services or via email, text, message or another means or publicly or privately posted or transmitted on or through any MyMedVita-related Facebook, Twitter or other social media site), is collectively referred to herein as “Content”. The submitting user retains ownership of Content submitted by such user. Notwithstanding the user’s ownership of the Content, the submitting user grants to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available) and create derivative works from such Content, in each case for the purposes of allowing us to (i) operate the Services in accordance with their functionality, (ii) improve the Services, (iii) develop new Services and (iv) any other reasonable purpose relating to the Services.
You consent to the use of your likeness (and the likeness of any minor of which you are the parent or legal guardian) to the extent that any such likeness appears in any Content you submit, and you have obtained the written consent, release and/or permission of every identifiable individual who appears in any Content you submit to use such individual’s likeness, in each case for purposes of using and otherwise exploiting the Content in the manner contemplated by these Terms.
We have not, and will not, review, monitor or edit any Content for accuracy, authenticity, timeliness, integrity or completeness. We shall have the right (but not the obligation) in our sole discretion to refuse or delete any Content that we consider to violate these Terms or to be illegal or otherwise inappropriate for the Services. We, in our sole and absolute discretion, may preserve Content and may also disclose, analyze or use Content if required to do so by law, judicial or governmental mandate or, to protect the rights, property, or personal safety of MyMedVita, users of the Services or the public.
RESTRICTIONS ON USE
In order to help us maximize the user experience of all users, and avoid, eliminate or minimize disruptive, disrespectful and nonproductive activity on the Services, we require you to follow these rules: (a) do not upload to, distribute through or otherwise publish through the Services any Content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable or that would constitute or encourage a criminal offense, violate the rights of any party or that would otherwise give rise to liability or violate any law; (b) do not use the Services in any manner that could be offensive, including but not limited to posting Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or that could be harmful to minors or that harasses or advocates harassment of another person; (c) only use the Services in a manner consistent with all laws and regulations and in accordance with these Terms; (d) do not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false IP addresses or headers, or otherwise conceal your identity for any purpose; (e) only submit Content for which you have the copyright or other specific permission to distribute electronically; (f) do not violate, plagiarize, or infringe on the rights of third parties, including without limitation copyright, trademark, trade secret, privacy, publicity or other proprietary rights; and (g) do not, without our express written approval, distribute or otherwise publish any Content containing any solicitation of funds, advertising, affiliate marketing offers, link referral codes, junk mail, “spam”, chain letters or pyramid schemes.
CHILDREN
The Services are not intended for use by children. If you are under the age of 18, please do not use the Services or submit any personal information through the Services.
TERMINATION
We may terminate a user’s ability to use the Services in our sole and absolute discretion and for any reason. We may terminate your use of the Services for reasons that include, but are not limited to, the following: (1) violation of these Terms; (2) abuse of resources on which the Services rely or attempt to gain unauthorized entry to the Services; or (3) as required by law, regulation, court or governing agency order. Our termination of any user’s access to the Services may be effected without notice and, on such termination, we may immediately prevent any further access to the Services by such user. We shall not be liable to any user or other third party for any termination of that user’s access to the Services. In the event of termination, we reserve the right to delete, or not delete, a user’s Content at our sole discretion.
LINKS
The Services may provide links to other websites maintained by third parties. MyMedVita exercises no control whatsoever over such other websites and is not responsible or liable for the availability, content, advertising, products, services or other materials on such websites. Your access and use of such linked websites, including information, material, products and services therein, is solely at your own risk.
RESPONSIBILITY FOR USE; WARRANTY DISCLAIMER; LIMITATIONS OF LIABILITY
Each user shall indemnify, defend and hold MyMedVita and its affiliates, successors and assigns and its and their respective members, managers, partners, stockholders, officers, directors, employees and agents harmless from any and all claims, demands, damages, costs, and liabilities including reasonable attorneys’ fees, made by any third party due to or arising out of that user’s acts or omissions, including without limitation any claim arising out of or relating to that user’s use of the Services or his or her violation of these Terms.
MyMedVita does not guarantee continuous, uninterrupted access to the Services, and operation of the Services may be interfered with by numerous factors outside of our control. When you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply, and MyMedVita shall have no liability whatsoever for such charges, rates or other fees.
EACH USER’S USE OF THE SERVICES ARE AT HIS OR HER SOLE RISK. THE SERVICES AND ALL INFORMATION PROVIDED TO USERS THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND MYMEDVITA ASSUMES NO RESPONSIBILITY FOR THE ACCURACY, TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY SUCH INFORMATION OR ANY CONTENT OR COMMUNICATIONS. MYMEDVITA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MYMEDVITA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM ANY USER’S USE OR INABILITY TO USE THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF THE SERVICES OR CONTENT ACCESSED THROUGH THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON THE SERVICES AND LINKS IN CONTENT ACCESSED THROUGH THE SERVICES).
Without limiting the foregoing, you expressly acknowledge and agree that the Services rely on certain publicly available information in order to present relevant healthcare pricing information (or other information) to users in connection with any search performed through the Services. MyMedVita has no control over the accuracy, timeliness or completeness of any such information. Although MyMedVita uses commercially reasonable efforts to update relevant pricing or other information from time to time to the extent that it becomes aware of any inaccuracy in any information displayed through the Services, MYMEDVITA EXPRESSLY MAKES NO REPRESENTATION AND WARRANTY WHATSOEVER REGARDING THE ACCURACY OF HEALTHCARE PRICING INFORMATION OR RELATED INFORMATION OBTAINED BY A USER THROUGH ANY SEARCH ON THE SERVICES. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
PRIVACY
MyMedVita agrees to treat your private personally identifiable information in accordance with the terms of our then-current privacy policy, which is incorporated herein by reference, and which is available for review at https://mymedvita.com/privacy-policy.
TRADEMARK INFORMATION
The “MyMedVita” name and the MyMedVita logo are registered or unregistered trademarks or service marks of MyMedVita. All other marks, names, and logos displayed or mentioned on the Services are the property of MyMedVita or, as applicable, the person displaying or using such mark, name or logo. Your use of the “MyMedVita” mark or other marks, names and logos set forth on the Services without prior written consent of the applicable owner is strictly prohibited.
GENERAL INFORMATION
The Terms constitute the entire agreement between each user and MyMedVita and govern each user’s use of the Services, superseding any prior agreements. The Terms and the relationship between each user and MyMedVita shall be governed by the laws of the State of Minnesota without regard to its conflict of law provisions, and each party shall submit to the personal and exclusive jurisdiction of the courts located within Hennepin County, Minnesota. The Services are controlled and operated by MyMedVita from its offices within the State of Minnesota, United States of America. MyMedVita makes no representation that materials in the Services are appropriate or available for use in other locations. Those who choose to access this Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between MyMedVita and any user.
SURVIVAL
The provisions above listed under the headings “USER CONTENT”, “TERMINATION”, “LINKS”, “RESPONSIBILITY FOR USE; WARRANTY DISCLAIMER; LIMITATIONS OF LIABILITY”, “PRIVACY”, “TRADEMARK INFORMATION” and “GENERAL INFORMATION” shall survive any termination or expiration of these Terms with respect to you.
HISTORICAL MODIFICATIONS
These Terms were most recently updated as of the date first set forth above. If you would like to view prior versions of our terms and conditions, if any, so that you can view changes, additions and deletions, or if you have any other questions about these Terms, please contact us through the “Contact” page of the Site or other applicable portions of the Services.
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