Welcome to Medication Safety Foundation (“M.S.F.”, “Foundation”, “Us”, “We”.). The purpose of this site is to help users (“you”) organize and maintain medication schedules by incorporating medicines’ images in a calendar-based scheduling program which may be shared by you with your family, caregivers and healthcare professionals (proxies).
We want to improve your ability to follow a complex medication schedule well, to better inform your proxies of the schedule, and allow you and your proxies the ability to update it in any setting where there is internet access. The program allows you to pick the images of the pills or tablets you take, when these are available on the program’s image database.
We hope that this program will help raise awareness, vigilance and knowledge about the complex medication regimens of patients and help limit the risk of harm. The Foundation’s focus is on making your medication schedule, and in particular the images of those medications, available to you and your proxies, online and on paper, to make the process of taking your medications safer for you, your family, care givers and health care professionals. But the information entered by you and your proxies must be accurate, and updated when needed. When you delegate or allow others (proxies) to manage your medications for your personal reasons or needs, the data is still entered at the risk of the user.
Data that you input or select related to your medication is not reviewed for accurracy. Entering the correct medication, selecting the correct image, dose, instructions and other medication related information is the user’s responsibility.
Entering incorrect medication, images, dosage or instructions may result in harmful or fatal consequences. M.S.F. Does not monitor, check, or correct your entries. The foundation does not monitor or prevent you from entering medicines to which you are or may be allergic. The foundation does not note or identify for you potentially harmful, adverse or other interactions among your medicines. Awareness of your allergies, the potential interactions of your medications, and other medication related harms are the responsibility of you and your prescribing health professionals.
1. Using M.S.F.:
Subject to your compliance with these Terms, M.S.F. hereby grants you permission to use M.S.F. Services, provided that:
(i) you will not attempt to reverse engineer, alter or modify any part of M.S.F. Services;
(ii) you will only use M.S.F. Services for your personal use and you are not permitted to resell or charge others for use of or access to M.S.F.;
(iv) you will not copy or distribute any part of the Site in any medium without M.S.F.’s prior written consent;
(v) you will not collect any personally identifiable information from M.S.F. Services;
(vi) you will not use any automated system, including without limitation, “spiders,” "robots," etc. that access M.S.F. nor will you harvest user content unless you receive prior written approval from M.S.F..
1. Your Account
In order to use certain features of the Services, you may have to register and create an account with M.S.F. (your "Account"). You are responsible for maintaining the confidentiality of any passwords associated with your Account, monitoring all activity under the Account, and you assume full responsibility for all activities that occur under your Account (except as to security breaches caused by M.S.F.). M.S.F. reserves the right to suspend or terminate your Account at any time and shall incur no liability for such suspension or termination.
You can cancel your account at any time by logging into your account and selecting the “Account” link and following the instructions. Your proxies will be notified of your cancellation. Your personal and medication information cannot be recovered once your account is canceled.
If your account is inactive for at least six months, the Foundation may deactivate or terminate your account. The Foundation may notify you by email if it decides to deactivate or terminate your account
If you suspect that the security of your account has been compromised, you shall immediately notify M.S.F. at email@example.com and change your password.
2. Intellectual Property Rights.
We are committed to protecting intellectual property rights. If you believe any material displayed on our Site infringes on your intellectual property, please send us a notice requesting that the material be removed to Support@medicationsafetyfoundation.org. The design of M.S.F. and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to M.S.F., subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. M.S.F. reserves all rights not expressly granted in and to M.S.F..
You will not remove, alter or obscure any copyright, trademark, or other proprietary rights notices incorporated in or accompanying the Services. You may not use or display any such trademarks, service marks, logos, trade names, or designs owned by M.S.F. or its third party licensors without the appropriate owner's prior written consent.
3. Intellectual Property Infringement and Filing a Complaint.
M.S.F. forbids any form of intellectual property infringement and will remove all content and Submissions if properly notified that such content or Submission infringes on another's intellectual property rights.
4. License to Use Services:
A variety of information, instructions, comments, posts, text, graphics, software, photographs, videos, data, and other materials ("Content") is available through the Services. Some of the Content is provided by M.S.F. or its affiliates such as a third party compiler.
M.S.F. grants you a nonexclusive, nontransferable, revocable, limited license to view, download, copy and print Content retrieved from the Services only for your personal, noncommercial use, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in connection with the Content. You may not use any Content available via the Services in any other manner or for any other purpose without the prior written permission of M.S.F.. All rights not expressly granted in these Terms are expressly reserved for M.S.F..
While M.S.F. strives to keep the Content accurate, complete, and up-to-date, M.S.F. cannot and does not guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by M.S.F. or its affiliates or by Users.
The content available via the services is provided with the understanding that neither M.S.F. Nor its affiliates or users are engaged in rendering medical, counseling, legal, or other professional services or advice. Such content is intended solely as a tool to help organize medication schedules. It is not intended as medical or healthcare advice, or to be used for medical diagnosis or treatment, for any individual problem. It is also not intended as a substitute for professional advice and services from a qualified healthcare provider familiar with your unique facts. Always seek the advice of your physician or other qualified healthcare provider regarding any medical condition and before starting any new treatment or making any changes to your medication schedule.
There may be periods of time when the program is not available for use for reasons such as maintenance, server problems, programming issues and others. The Foundation will give you advance notice when possible of such outages in an announcement on the M.S.F. website.
5. User Representation and Warranties.
In connection with your use of M.S.F. you affirm, represent, and warrant that:
(i) That you are either more than 16 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service. You further represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a” terrorist-supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
(ii) you own the necessary licenses, rights, consents, and permissions to use and authorize M.S.F. to use all proprietary rights, including privacy and publicity rights, in and to any and all Submissions in the manner contemplated by M.S.F. Services and these Terms;
(iii) if using the name or likeness of another, that you have the written consent, release, and/or permission of each and every identifiable individual person in the Submission to use the name or likeness of each and every such identifiable individual person in the manner contemplated by M.S.F. and these Terms of Service;
(iv) you hereby grant M.S.F. a worldwide, non-exclusive, royalty-free, transferable sublicense to use, reproduce, distribute, prepare derivative works of, display, and perform the Submissions in connection with M.S.F. and M.S.F.'s successor's business, including without limitation for promoting and redistributing part or all of M.S.F. (and derivative works thereof) in any formats or channel;
(v) you will not submit material that is false, a misrepresentation, an impersonation, unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
(vi) you will not post advertisements or solicitations of business; and
(vii) you will not interfere with or disrupt the integrity or performance of M.S.F. including sending or storing material containing software viruses, worms or other harmful computer code, files, scripts, agents or programs or the data contained therein, nor will you attempt to gain unauthorized access to M.S.F. or its related systems or networks.
6. Use Of M.S.F. Outside Of The U.S.
M.S.F. is controlled and operated from the United States and is subject to its laws. If you choose to access M.S.F. outside of the United States, you do so at your own risk and are responsible for complying with all applicable laws, rules and regulations.
7. Third Party Sites.
Our Site might direct you to sites owned by third parties ("Third Party Sites"). We have no control over and are not responsible for:
(i) the content and operation of such Third Party Sites; or
You agree that your use of Third Party Sites is at your own risk, is subject to the terms and conditions of those sites and that M.S.F. does not endorse and will not be responsible or liable any loss or damages incurred in connection with Third Party Sites.
If there is a dispute between you and any such third party, you understand and agree that M.S.F. shall be under no obligation to become involved. In the event that you have a dispute with any such third party, you hereby release M.S.F., its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Services. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
8. Idea Submissions.
M.S.F. is constantly improving because of customer ideas and suggestions. We encourage your ideas and suggestions but you agree that by submitting ideas or suggestions you irrevocably assign any intellectual property rights in such ideas and suggestions to us. If you intend to retain any intellectual property rights in your ideas and suggestions, please do not submit them to us without our prior written approval as an additional legal agreement may be required for us to evaluate your idea or suggestion. You can inquire regarding such approval by e-mailing us at Support@medicationsafetyfoundation.org.
9. Warranty Disclaimer.
You agree that the use of the services is entirely at your own risk. The services are provided on an "as is" and "as available" basis. M.S.F. Expressly disclaims all warranties of any kind, whether express or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose, and non-infringement. M.S.F. Does not make any warranty that the services will meet your requirements, or that access to the services will be uninterrupted, timely, secure, or error-free, or that defects, if any, will be corrected. M.S.F. Makes no warranties as to the results that may be obtained from the use of the services or as to the accuracy, quality, or reliability of any information obtained through the services. M.S.F. Disclaims any warranties for other services or goods received through or advertised on the services, or accessed through any links on the services. M.S.F. Disclaims any warranties for viruses or other harmful components in connection with the services.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
10. Limitation Of Liability.
Your sole and exclusive remedy for dissatisfaction with our site is to stop using M.S.F.. To the fullest extent permissible by applicable law, M.S.F. Shall not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages (including, without limitation, damages for loss of business, profits whether based on warranty, contract, tort or any other legal theory, even if the M.S.F. Parties have been advised of the possibility of such damages, arising out of or relating in any way to our provision of (or failure to provide) products or services, or from unauthorized access to or alteration of your submissions or data, even if a remedy set forth herein is found to have failed its essential purpose.
You specifically acknowledge that M.S.F. Shall not be liable for user submissions and that the risk of harm or damage from the foregoing rests entirely with you. M.S.F. Expressly disclaims any and all liability in connection with submissions from users or from third parties.
You hereby release and hold harmless M.S.F. With respect to any and all injury, disability, death, or loss or damage to person or property, whether caused by mistake, negligence or otherwise.
You and M.S.F. Agree that any cause of action arising out of or related to M.S.F. Must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
You agree to waive, and hereby do waive any legal or equitable rights or remedies you have or may have against M.S.F. With respect thereto, and agree to indemnify and hold M.S.F., its officers, directors, employees, agents affiliates and licensors harmless to the fullest extent allowed by law regarding all matters related to your use of M.S.F.
Furthermore, you agree to defend, indemnify and hold harmless the M.S.F. Parties from
and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and
expenses including but not limited to attorney’s fees arising from:
(i) your violation of these Terms;
(ii) your use of and access to M.S.F. including your violation of any third party right, including without limitation any copyright, property, or privacy rights; and
(iii) any claim that one of your User Submissions caused damage to a third party.
M.S.F. does not sell, loan or otherwise use specific patient-based information for marketing, barter, sales, or other commercial purposes by pharmaceutical, health care agencies or others with an interest in marketing to patients with medical problems who use the program. There is no advertising in the Foundation’s products. The Foundation does not sell user health information, and does not share it with other individuals or services unless a user explicitly authorizes us to do so, or in the limited circumstances described in this policy.
You agree to submit to the exclusive jurisdiction of any state or federal court located in the County of Alameda, California, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
You agree that:
(i) the Terms of Service shall be governed by the internal substantive laws of the State of California without respect to its conflict of laws principles.
If any provision of these Terms, or the application thereof to any person, place or circumstance, is held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, such provision will be enforced to the maximum extent possible, or, if incapable of such enforcement, will be deemed to be deleted from these Terms, and the remainder of these Terms will remain in full force and effect.
No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default, nor will any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have operate as a waiver of any right or remedy.
Any heading, caption or section title contained in these Terms is use only as a matter of convenience and in no way defines or explains any section or provision hereof.
M.S.F. reserves the right to amend or modify these Terms of Service at any time, and it is your responsibility to review these Terms of Service for any changes. If you do not agree to the revised Terms, your only recourse is to discontinue the use of M.S.F.. Your continued use of M.S.F. following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by M.S.F. without restriction.
19. Entire Agreement
Questions? Please Contact Us
We greatly value your business. If you have any questions or concerns about these Terms, please do not hesitate to contact us at Support@medicationsafetyfoundation.org.
Effective Date: December 2014