Medication Empowerment Terms of Use

These Terms of Use (or “Terms”) are the terms upon which Pat Deegan, PhD. & Associates, LLC (“PDA”) offers you access to the Medication Empowerment web application service (“Medication Empowerment”).  PLEASE READ THESE TERMS CAREFULLY AND MAKE SURE YOU UNDERSTAND THEM.  BY INDICATING YOUR ACCEPTANCE OF THESE TERMS, OR BY USING THE MEDICATION EMPOWERMENT WEB APPLICATION SERVICE, YOU ARE AGREEING TO BE BOUND BY AND COMPLY WITH THESE TERMS.  These Terms include the Medication Empowerment Privacy Policy in Section V below.

1. Prohibited uses of Medication Empowerment
2. Membership Plans

Use of an individual membership is limited to an individual member participant and their family members.  Use of a program membership is limited to the multiple participants, clinicians and peer supporters within a single identified program.  An enterprise membership entitles use by an unlimited number of participants, programs, clinicians, peer supporters and other staff across the member organization.  Use may be subject to further restrictions as set forth in a subscription or other agreement between PDA and the member.  Any use of Medication Empowerment not authorized within the applicable membership plan (e.g. sharing an individual membership with other participants) is a breach of these Terms.

1. Infringement of copyrights and other proprietary material

Medication Empowerment contains copyrighted material and other proprietary information, which may include text, software, photographs, video, graphics, images, music and sound (collectively “Proprietary Material”). You agree that you will not use Medication Empowerment to infringe upon or misappropriate the rights of any party to their Proprietary Material. You agree not to copy, reproduce, modify, publish, transmit, participate in the transfer or sale of, reverse engineer, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Material, or permit any third party to do so, except as expressly permitted by these Terms.

Your Medication Empowerment membership gives you a limited license to use Medication Empowerment materials, including Proprietary Materials, for educational, training and/or therapeutic purposes for personal use or within your program or organization, as applicable, and such license does not entitle you (i) to edit or modify any of the materials or to incorporate them into any other work or (ii) to transfer, sell, license or otherwise make available any of the materials to a third party, either for free or for payment, without PDA’s prior written consent.  That means:

• You may not upload Medication Empowerment licensed content to public video sharing sites such as YouTube or Vimeo.
• You may not upload Medication Empowerment content to social media accounts or your personal website or organization’s website.
• You may not resell Medication Empowerment content.
• You may not share or give Medication Empowerment licensed content to others who are not Medication Empowerment members, except that members who are medical professionals, care providers, counselors or therapy group leaders may copy and share materials with staff, patients and group members for training, educational and therapeutic purposes. If you wish to share materials with anyone else, ask them to purchase a membership for Medication Empowerment.
• You may not alter Medication Empowerment licensed content. For instance, you may not translate the content, add or remove words from a document, edit a video or incorporate a video into another work.

Your Medication Empowerment membership does not give you a license to, or any other rights in, the Proprietary Materials of PDA or any third party, except for the limited rights of use specifically set forth in these Terms.  All rights not expressly granted to you in these Terms are reserved by PDA and its licensors.

1. Interference and unauthorized access

You agree that you will not: (a) attempt to circumvent user authentication or the security of any account; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of Medication Empowerment; or (c) take any action that imposes an unreasonable or disproportionately large load on Medication Empowerment’s infrastructure.  If you in any way violate any system or interfere with network security you may incur criminal or civil liability.  PDA will cooperate fully with investigations of violations of systems or network security, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

1. Prohibition against disclosure of protected information

You acknowledge and agree that your membership does not permit you to disclose, upload, share, furnish, or otherwise provide any information to Medication Empowerment in violation of applicable laws, rules, and regulations, including without limitation information protected under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) or federal law protecting substance abuse treatment records.

1. Disclaimers about Medication Empowerment

PDA IS NOT A HEALTH CARE PROVIDER AND IS NOT PROVIDING MEDICAL ADVICE, MENTAL HEALTH COUNSELING, OR ANY OTHER ADVICE OF ANY KIND. MEDICATION EMPOWERMENT AND ITS CONTENT IS NOT MEANT TO SUBSTITUTE FOR THE ADVICE OR COUNSELING OF PHYSICIANS AND OTHER PROFESSIONAL HEALTH ADVISORS, AND SHOULD NOT BE USED TO DIAGNOSE OR SELECT TREATMENT FOR ANY HEALTH CONDITION OR FOR ADVICE ABOUT THE USE OF MEDICATIONS.  MEDICATION EMPOWERMENT CONTENT IS TO BE USED FOR EDUCATIONAL PURPOSES ONLY.  ANY INFORMATION OF ANY KIND, INCLUDING MEDICAL INFORMATION, THAT YOU OBTAIN BY USE OF MEDICATION EMPOWERMENT, AND ANY PRODUCTS AND CONTENT AVAILABLE ON OR THROUGH MEDICATION EMPOWERMENT OR THE PDA WEBSITE, ARE USED AT YOUR OWN RISK.

MEDICATION EMPOWERMENT IS OFFERED AS AN EDUCATIONAL RESOURCE TO MEMBERS AND PDA DOES NOT ACT ON BEHALF OF ANY MEMBER BY VIRTUE OF MAKING MEDICATION EMPOWERMENT AVAILABLE FOR USE. PDA DOES NOT RECEIVE, CREATE, MAINTAIN OR TRANSMIT ANY INFORMATION ON BEHALF OF A MEMBER, AND UNDER NO CIRCUMSTANCE SHALL PDA BE DEEMED TO BE ACTING AS A “BUSINESS ASSOCIATE” OF A MEDICATION EMPOWERMENT MEMBER AS THAT TERM IS DEFINED BY HIPAA.

MEDICATION EMPOWERMENT AND ITS CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND PDA 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, NON-INFRINGEMENT, ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF INFORMATION.

PDA DOES NOT WARRANT OR GUARANTEE THAT (1) MEDICATION EMPOWERMENT IS COMPATIBLE WITH ANY SOFTWARE, INCLUDING WITHOUT LIMITATION INTERNET BROWSER SOFTWARE; (2) MEDICATION EMPOWERMENT WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; (3) ALL CONTENT WILL BE ACCURATE, COMPLETE OR UP TO DATE; (4) ANY INFORMATION OR OTHER CONTENT CONTAINED WITHIN MEDICATION EMPOWERMENT WILL NOT CONTAIN DEFAMATORY OR OFFENSIVE STATEMENTS; OR (5) THE MEDICATION EMPOWERMENT WEB APPLICATION SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, EACH MEMBER WHICH HOLDS AN ENTERPRISE MEMBERSHIP IS SOLELY RESPONSIBLE FOR OBTAINING ALL NECESSARY CONSENT(S), AUTHORIZATION(S), OR OTHER PERMISSION(S) UNDER APPLICABLE LAWS OR REGULATIONS FOR THE ADDITION OF NEW PROGRAMS UNDER SUCH MEMBER’S ENTERPRISE MEMBERSHIP IN MEDICATION EMPOWERMENT, AND PDA EXPRESSLY DISCLAIMS ANY LIABILITY WHATSOEVER FOR AN ENTERPRISE MEMBER’S FAILURE TO OBTAIN ANY SUCH CONSENT, AUTHORIZATION, OR OTHER PERMISSION.

Medication Empowerment may from time to time contain links to other websites. Unless otherwise noted, PDA is not affiliated with such websites, and if you use these links, you will leave the Medication Empowerment web application service and PDA’s website. PDA is not responsible for the policies, privacy practices or the content of such websites.

III. Your liability to PDA if you breach these terms and limits on PDA’s liability to you

1. Your indemnification of PDA

By indicating your acceptance of the Terms, and/or by using Medication Empowerment, you agree to indemnify, defend and hold harmless PDA and its officers, managers, employees, successors, licensees, assigns, agents, and advisors (collectively the “PDA Parties”) from and against any and all claims, damages, demands, losses, liabilities, costs and expenses, including, but not limited to, reasonable attorneys’ fees and expenses, arising out of or related to (i) your breach of these Terms; (ii) your use or misuse of Medication Empowerment; and (iii) your violation of any law or the rights of another party.

1. Limitation of PDA’s liability to you

REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, IN NO EVENT WILL THE PDA PARTIES BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER WITH RESPECT TO YOUR USE OF MEDICATION EMPOWERMENT, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER OR LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, THE PDA PARTIES WILL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE, AND IN NO EVENT WILL THE DAMAGES OR LIABILITY EXCEED USD$500.

1. General terms
2. Privacy Policy

Your use of Medication Empowerment is subject to the Medication Empowerment Privacy Policy in Section V below. You acknowledge that through your use of Medication Empowerment you are consenting to the collection and use of certain information as described in the Privacy Policy.

1. Termination of your right to use Medication Empowerment by PDA

PDA reserves the right to refuse access to Medication Empowerment for any reason. Also, PDA may issue a warning, temporarily suspend, indefinitely suspend or terminate your membership if: (a) you breach any of these Terms; (b) PDA is unable to verify or authenticate your log-in information; or (c) PDA believes that your actions may cause legal liability to any person or entity. This is in addition to any other remedies PDA may have. 

1. Cancellation of your membership by you

You may cancel your membership at any time, and your access to Medication Empowerment will end at the renewal date for your membership. We do not issue refunds for memberships cancelled before their renewal date.

If your membership is paid using a credit card, go to Billing Information to cancel your account.  If your membership is paid via invoice, please contact us at [email protected]

1. Changes to Medication Empowerment and suspension of access

PDA may, at any time and for any reason, (i) change Medication Empowerment or any part of it, including any content, or (ii) restrict the use of Medication Empowerment or any part of it, including limiting the time of its availability, the amount of use permitted, or the persons who are permitted to use it.  PDA may, at any time and for any reason, cancel or suspend access to Medication Empowerment or any part of it, including as a result of viruses, bugs, or other causes beyond its control that corrupt the administration, security or proper function of Medication Empowerment.

1. Arbitration

Any dispute or claim arising out of or relating to these Terms or your use of Medication Empowerment will be settled by arbitration administered by the American Arbitration Association in accordance with its rules. Any arbitration will occur in the Commonwealth of Massachusetts unless otherwise agreed by the parties. Judgment upon the award rendered by the arbitrator may be entered in any court in the Commonwealth of Massachusetts having jurisdiction.

1. Governing law and venue

These Terms and their validity, construction and performance will be governed exclusively by the laws of the Commonwealth of Massachusetts, without regard to its choice of law provisions, and, subject to the Arbitration section above, any action relating to these Terms will be brought in the state and federal courts located in the Commonwealth of Massachusetts. You irrevocably agree to accept the exclusive personal jurisdiction of such courts and waive any objections to such venues, including for the purposes of enforcing the Arbitration section above.

1. Enforceability; Survival

The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision. All terms and conditions of these Terms which by their nature are meant to survive the termination of your use of Medication Empowerment will survive such termination.

1. Changes to these terms

PDA may change certain provisions contained in these Terms from time to time and will notify you of any such changes. Your use of Medication Empowerment following notification of any such changes will constitute your acceptance of such changes. Only an authorized representative of PDA has the authority to propose, or to bind PDA to, changes to these Terms.

Questions or any other communications regarding these Terms should be directed to PDA’s Compliance Officer either by (i) sending an email to [[email protected]] or (ii) writing to Pat Deegan PhD. & Associates, LLC, P.O. Box 208, Byfield, MA 01922 USA, Attn: Compliance Officer.

1. Medication Empowerment Privacy Policy

At PDA, your privacy is very important to us.  These are the principles that guide our use of your personal information:

1. We only ask you for information that we truly need.
2. We never sell your information.
3. We don’t share your personal information with anyone except to provide you with the services of the web application or our website, to comply with the law, or to protect our rights.
4. We don’t store your personal information unless required for billing purposes, the ongoing operation of Medication Empowerment, to comply with the law or to protect our rights.

What We Collect

Membership

When you purchase a membership to Medication Empowerment we ask for information such as your email address, billing address, phone number and credit card information.  Credit card information is only used in processing your transaction.  We make use of a third-party payment processing merchant to process your payments.  We do not store your credit card information on our website or elsewhere.

User behavior information

PDA collects information of the sort that web browsers and servers typically make available, such as browser type, operating system information, mobile device information, referring site (including the search queries that brought you to Medication Empowerment), and how users are using Medication Empowerment (pages accessed, time of visit).  Our purpose in collecting this information is to better understand how visitors and members use the web application service and our website so that we can improve the service and website to make it more valuable and useful – for example to understand what topics are most popular. We also use this data to generate anonymized statistics reports for organizations who are trying to encourage use of Medication Empowerment so that they can measure how effective their use of Medication Empowerment is.

Feedback and customer support

We encourage you to provide feedback on the Medication Empowerment web application service and PDA’s website to help us improve the member experience, and if you choose to submit feedback we will collect your comments submitted through the service or website or by mail or other methods.  We may also retain records of any customer support services we provide to you.     

What we do with the information we collect

We may use your information in the following ways:

1. To authenticate access to certain features of the Medication Empowerment web application service or PDA’s website.
2. To send you updates about new additions to Medication Empowerment. You may opt out of receiving such notifications.
3. To process payments.
4. To analyze the performance of the Medication Empowerment web application service.
5. To contact you if your actions violate the Medication Empowerment Terms of Use.
6. To fix errors and analyze trends so we can improve Medication Empowerment.
7. To study how users interact with Medication Empowerment.
8. To provide customer support and feedback when you initiate a request for it.
9. To market our products and services to you. We may occasionally send you emails to tell you about new features, solicit feedback or just to keep you up to date with what is going on. If you no longer wish to receive such communications from us, you may unsubscribe using the link provided in all of our communications.

However, our use of your information is limited as follows: PDA does not receive, create, maintain or transmit any information on behalf of a member except as specifically set forth under this Privacy Policy, and in no event shall PDA be deemed to act as a “business associate” of a member, as that term is defined under the Health Insurance Portability and Accountability Act of 1996, in connection with a Medication Empowerment membership.

Cookies

We use persistent cookies to support a smooth user experience.  This cookie remains on your computer after you close your browser and may be used by your browser on subsequent visits to the Medication Empowerment web application service or PDA’s website.  We also use cookies to better understand how you interact with the Medication Empowerment web application service and PDA’s website, in order to improve them.

How we protect the information we collect

We are committed to protecting the privacy and confidentiality of your personal information.  We have security measures, including administrative, physical and electronic measures, to protect against the loss, exposure, misuse or alteration of information that we have collected from you.  These measures include SSL data encryption to transmit your personal information as well as technical architectures and systems to prevent unauthorized third parties from accessing your personal information.

What happens if these terms change?

We reserve the right to change, improve or update this Privacy Policy at our sole discretion.  If changes to this policy constitute a material change, we will notify you by email if you have provided it to us.  What constitutes a “material change” will be determined by us, in good faith, and using common sense and reasonable judgment.  You may also check this page for any changes to this Privacy Policy.