My Health Care Companion User Agreement and Privacy Policy

User Agreement

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES AVAILABLE FROM MY HEALTH CARE COMPANION. BY USING THE SERVICES OR OTHERWISE ACCESSING THE SERVICE SITES, YOU ACCEPT AND AGREE THAT THE TERMS AND CONDITIONS OF THIS AGREEMENT APPLY TO YOU. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT USE THE SERVICE OR ACCESS MY HEALTH CARE COMPANION PORTIONS OF THE SERVICE SITES. MY HEALTH CARE COMPANION’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY MY HEALTH CARE COMPANION, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

My Health Care Companion™ owns and operates the websites, mobile applications and other services available at www.myhealthcarecompanion.com, through the iPhone and other mobile application sites and stores, and all linked pages (the “Service Sites”), which makes them available to you (”Subscriber”) under the following terms and conditions:

1. ACCESS TO THE SERVICES. Subject to the terms and conditions of this Agreement, My Health Care Companion may offer to provide certain services, as described more fully on the My Health Care Companion Sites, and which are selected by Subscriber through the process provided on the Service Sites (”Services”), solely for Subscriber’s own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services My Health Care Companion performs for Subscriber, as well as the offering of any content on or through the Service Sites. My Health Care Companion may change, suspend or discontinue the Services or operation of its portion of the Service Sites at any time, including the availability of any feature, database, or content. My Health Care Companion may also impose limits on certain features and services or restrict Subscriber’s access to parts or all of the Services without notice or liability. My Health Care Companion reserves the right, at its discretion, to modify this Subscriber Agreement at any time by posting a notice on the applicable Service Sites, or by sending Subscriber a notice via email or postal mail. Subscriber shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by Subscriber following such notification constitutes Subscriber’s acceptance of the terms and conditions of this Subscriber Agreement as modified.

Subscriber certifies to My Health Care Companion that if Subscriber is an individual (i.e., not a corporation) Subscriber is at least 18 years of age. Subscriber also certifies that it is legally permitted to use the Services and access the Service Sites, and takes full responsibility for the selection and use of the Services and access of the Service Sites. This Agreement is void where prohibited by law, and the right to access the Service Sites is revoked in such jurisdictions.

Subscriber shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Service Sites or otherwise use the Services, including, without limitation, modems, hardware, software, cell phones, SMS and other messaging fees, and mobile, long distance or local telephone service. Subscriber shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.

1. MY HEALTH CARE COMPANION SITES CONTENT. All materials displayed or performed on or through the Service Sites (including, but not limited to rankings, text, graphics, articles, photographs, images, illustrations, audio clips and video clips, also known as the “Content”) are protected by copyright. Subscriber shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.

The My Health Care Companion portions of the Service Sites and all of the Services are protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Subscriber may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this Section of the Subscriber Agreement), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.

Subscriber may access the Content for personal use only, provided that Subscriber maintains all copyright and other notices contained in such Content. Subscriber shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from My Health Care Companion, or from the copyright holder identified in such Content’s copyright notice. If you believe that any Content on the Service Sites or Services infringes rights that you own or have the right to assert, please follow our copyright and claims policy, located in the footer of the My Health Care Companion homepage at www.myhealthcarecompanion.com.

Subscriber acknowledges and agrees that if Subscriber uses any of the Services to contribute Content to the Service Sites, such Content shall become My Health Care Companion property and Subscriber hereby assigns all rights, title and interests in and to such contributions to My Health Care Companion. Subscriber warrants, represents and agrees that it will not contribute any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party. My Health Care Companion reserves the right to remove any Content from the Service Sites or the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if My Health Care Companion is concerned that Subscriber may have breached the immediately preceding sentence), or for no reason at all.

1. RESTRICTIONS. Subscriber is responsible for all of its activity in connection with the Services and accessing the Service Sites. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of Subscriber’s right to Services or to access the My Health Care Companion portions of the Service Sites. Subscriber may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any My Health Care Companion user.

Use of the My Health Care Companion portions of the Service Sites or the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. Subscriber will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Service Sites, or any processes that run or are activated while the Subscriber is not logged in.

1. REGISTRATION AND SECURITY. As a condition to using certain Services, Subscriber may be required to register with My Health Care Companion and select a password and Subscriber name (”My Health Care Companion User ID”). Subscriber shall provide My Health Care Companion with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of Subscriber’s account. Subscriber may not (i) select or use as a My Health Care Companion User ID a name of another person with the intent to impersonate that person; or (ii) use as a My Health Care Companion User ID a name subject to any rights of a person other than Subscriber without appropriate authorization. My Health Care Companion reserves the right to refuse registration of, or cancel a My Health Care Companion User ID in its discretion. Subscriber shall be responsible for maintaining the confidentiality of Subscriber’s My Health Care Companion password. Upon termination of the Subscriber’s account, Subscriber’s right to use the features of the Services and GoodGuide portions of the Service Sites available only to registered users will immediately cease.

1. WARRANTY DISCLAIMER. Subscriber accesses and uses the Services and Content on the Service Sites at its own risk. IN PARTICULAR, THE SERVICE SITES AND SERVICES ARE NOT INTENDED TO BE USED FOR MEDICAL OR DIAGNOSTIC PURPOSES UNDER ANY CIRCUMSTANCES. PLEASE CONSULT YOUR MEDICAL AND OTHER PROFESSIONALS AS NEEDED.

The Server Sites may contain, or direct Subscriber to websites, applications, content or other media containing, information that some people may find offensive or inappropriate. My Health Care Companion makes no representations concerning any content contained in or accessed through the Service Sites or the Services, and My Health Care Companion will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service Sites or the Services. While accessing the My Health Care Companion portions of the Service Sites or the Services, you may provide My Health Care Companion with information about yourself. My Health Care Companion will treat that information in accordance with its Privacy Policy, that can be found below.

THE SERVICES, CONTENT, SERVICE SITES AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

1. LIMITATION OF LIABILITY. IN NO EVENT SHALL MY HEALTH CARE COMPANION BE LIABLE WITH RESPECT TO THE SERVICE SITES OR THE SERVICES (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES PAID BY SUBSCRIBER THEREFOR; OR (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.

1. TERMINATION. Either party may terminate the Services at any time by notifying the other party by any means. My Health Care Companion may also terminate or suspend any and all Services and access to the My Health Care Companion portions of the Service Sites immediately, without prior notice or liability, if Subscriber breaches any of the terms or conditions of this Agreement. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

1. MISCELLANEOUS. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by Subscriber except with My Health Care Companion’s prior written consent. This Agreement shall be governed by and construed in accordance with the laws of the state of Delaware without regard to the conflict of laws provisions thereof. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Subscriber does not have any authority of any kind to bind My Health Care Companion in any respect whatsoever.

Privacy Policy

GMy Health Care Companion knows that you care about how your personal information is used and shared so we take many steps to protect your privacy. This document sets forth these protections, your use of the websites, mobile applications and other services available at www.myhealthcarecompanion.com, through the iPhone and other mobile application sites and stores, and all linked pages (collectively “Service Sites”), lets us know that you acknowledge reading these practices and policies (the “Privacy Policy”) and accept them. Please do not use the Service Sites if you do not want the Privacy Policy to apply to you.

What Does This Privacy Policy Cover?

This Privacy Policy covers My Health Care Companion’s treatment of information that My Health Care Companion may gather when you access or use the Service Sites. This Privacy Policy does not apply to sites owned, operated or controlled by third parties. Information that you provide to such third parties and their sites will be subject to the privacy policies of such sites.

What Information Does My Health Care Companion Collect?

We divide the information that we collect into two categories for the purpose of this Privacy Policy. The first type is personally identifiable information (”PII”) – information that can identify you, the use of the Service Sites, as an individual. Examples of PII are names, addresses, telephone numbers and email addresses. The other category is “everything else” – that is, information that is not PII, and cannot identify you as an individual. Examples of this category would be the types of rankings you request (as long as they are not tied to you as an individual), the companies or products you show an interest in, and any statistical or aggregate information.

We use both types of information that we collect from users, on or through the Service Sites. This allows us to personalize and improve the Service Sites and the services we offer to you. My Health Care Companion is the sole owner of all information collected on or through the My Health Care Companion portions of the Service Sites. The following gives a little more background on both categories of information:

Information You Provide to Us. We receive and store any information you supply to us, on or through Service Sites, such as the searches you want performed, or the products or companies you would like evaluated. To use the Service Sites and out sevices you may need to register, and will need to give us PII such as your name and email address as part of the registration process. You can choose not to provide us with information, but then you will not be able to use or take advantage of some of the features or services on or through the Services Sites. The information, including PII, that you provide is used for such purposes as responding to your requests for certain products and services, customizing the advertising and content you see, and communicating with you about specials and new products. If you provide PII to us through one of our services, we may use it for these purposes in connection with other My Health Care Companion services or Service Sites; for example, if you provide your email address to us in connection with a My Health Care Companion mobile application you are giving us permission to use that email address in connection with responding to your requests, advising you about other services, and so forth. Information that is not PII is also used as aggregate data, in the manner described below.

Information Collected Automatically.We receive and store certain types of information whenever you interact with the Service Sites. My Health Care Companion automatically receives and records information on our server logs from your browser including your IP address, cookie information, and the page or portion of the Service Sites that you requested. This information may be used to offer you a personalized experience on or through the Service Sites, including, without limitation, to advise you on related Service Sites and services of ours that you may want to access.

My Health Care Companion also automatically collects usage information, such as the numbers and frequency of visitors to our site and its components. My Health Care Companion only uses automatically collected information in aggregate form, that is, as a statistical measure, and not in a manner that would identify you personally. This type of aggregate data enables My Health Care Companion to figure out how users are accessing and using the Service Sites so that we can improve them and focus our efforts on the more popular features. As part of this use of information, we may provide aggregate information to our partners about how our customers, collectively, use the Service Sites. We share this type of statistical data so that our partners also understand how often people use their services and the Service Sites, so that they, too, can improve their offerings.

Will My Health Care Companion Share the Information it Collects?

Aggregate Information. As noted above, My Health Care Companion may share aggregate information with others to help improve the Service Sites, our Services, and third party services and products.

Contractors. My Health Care Companion may contract with other companies and people (e.g., for data analysis, financial and other specialties) to perform tasks on our behalf. We need (and you are authorizing us) to share your information, including PII, with them for the limited purpose of allowing us to fulfill your requests using the Service Sites. We bind these contractors to agreements that prohibit them from using or disclosing any information they receive from My Health Care Companion for any purposes except the ones they are hired to provide to us.

Legal Compliance. My Health Care Companion reserves the right to disclose your PII when we believe in good faith that release is necessary to (1) comply with the law; (2) enforce or apply our conditions of use and other agreements; (3) or protect the rights, property or safety of My Health Care Companion, our employees, our users, or others.

Business Transfers. If a third party acquires My Health Care Companion or most of its assets, or in the unlikely event that My Health Care Companion goes out of business through bankruptcy or otherwise, information would be one of the assets that is transferred or acquired to a third party. You acknowledge that such transfers may occur, and that any acquirer of My Health Care Companion may continue to use all information, including PII, as long as it does so only as set forth in this Privacy Policy.

How Secure is My Information?

To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, My Health Care Companion maintains appropriate physical, electronic, and managerial procedures to safeguard and secure all information that we collect online. Should we collect PII about you through registration, we will protect that PII with a password and logon process. You must, however, ensure that your password is not disclosed to others and it is your responsibility to select an appropriate password and change it regularly.

Can I Access or Change My Information?

As noted, you may be required to register to use the Service Sites and My Health Care Companion services available on or through them, which will require that you provide us with your name and possibly other PII. You may, of course, choose not to provide such PII but in that case you will not be able to access or use all of the features of the Service Sites and our services. For registered users, you will have the opportunity to access and edit all of your PII associated with your registration.

Automatically gathered and aggregate information cannot be changed or accessed by individuals. As noted, such information does not link to any PII about you.

How Do You Use Cookies and Similar Tools?

My Health Care Companion may use cookies, pixels, widgets and other tools to track session data and allow us to personalize your experience on or through the Service Sites. We do not use cookies, or other tools, to collect or reveal PII to My Health Care Companion, and we do not combine cookie information with other PII. Most browsers have an option for turning off the cookie feature, or erasing existing cookies. If you elect to turn off cookies, My Health Care Companion will not be able to store cookies on your system or collect information from them. However, you will not be able to use the personalized features of the Service Sites and our services that depend on cookies and the information they contain.

Some of our advertisers may use cookies on the Service Sites, as may the owners of those Service Sites that are not controlled by My Health Care Companion (including, without limitation, mobile application websites operated by third parties). We have no access or control over these cookies. This Privacy Policy covers the use of cookies by My Health Care Companion only and does not cover the use of cookies by any advertisers.

Links to Other Sites

Service Sites contain links to other websites, including (but not limited to) the citations to the providers of the databases that we use to rank and evaluate companies and products. These other sites are not owned or controlled by My Health Care Companion. We are not responsible for the privacy practices or content of such other sites.

What if You Change the Privacy Policy?

This Privacy Policy is a living document. My Health Care Companion may amend the Privacy Policy as we add new features to the My Health Care Companion portions of the Service Sites, our services, or as the law or circumstances change. Accordingly, we need to reserve the right to modify this Privacy Policy at any time. If we make material changes to the Privacy Policy we will post those changes here, on the My Health Care Companion homepage, and other places we deem appropriate so that you are aware of the changes. Use of particular information or PII will remain subject to whatever version of the Privacy Policy was in effect at the time it was collected.

Questions or Concerns

If you have any questions, concerns or suggestions regarding this Privacy Policy, the Service Sites, our services or My Health Care Companion in general please contact us at info(at)myhealthcarecompanion.com