• Only report true information.
• You ARE allowed to report on the availability of medications you don’t have a prescription for, if you have good information to report.
• Be kind to all: This includes fellow community members, pharmacy staff, and our staff.
• Don’t violate any laws with MedHound.
• Pharmacies displayed in MedHound might not be accessible to you or compatible with your prescription or insurance network (if any). Figuring out if they are is your responsibility.
• Recognize that information you find on here may be inaccurate (e.g., out of date). MedHound can reduce, but not completely eliminate, the need to confirm availability for you of any hard-to-find medication.
• Don’t expect MedHound to work right now; it is just a prototype and DOES NOT WORK YET.

1. OVERVIEW

Tech Serving Society (“TSS” or “we”) provides certain Services via our mobile-friendly websites, including medhound.org and our sub-domains (“Website(s)”).

These terms of service (“Terms”) govern your access to and use of our Services. This is a legal agreement between you and TSS, so please read these Terms carefully.

By accessing and using the Services (including access to the Websites), you intend and expressly agree to be bound by all the terms and conditions of this agreement on behalf of yourself or any party you represent in connection with the access. You represent and warrant that you are of sufficient legal age in your place of residence to use or access the Services, and that you have the right, authority, and capacity to accept and agree to these Terms on behalf of yourself or the entity you represent. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OR DISAGREE WITH ANY OF THESE TERMS, PLEASE STOP USING THE SERVICES IMMEDIATELY.

2. ACCOUNTS

To use the Services, you must register for a user account (“Account”) and provide certain information about yourself as prompted by the applicable registration form. All required registration information you submit must be truthful and accurate, and you must maintain the accuracy of such information, including your correct email address, so we may send you notifications and other account-related communication.

You are responsible for maintaining the confidentiality of the Account login name and passphrase that you create. You may not share your Account or login credentials with anybody else, though you may invite others to create their own accounts. You agree to abide by currently-accepted best practices for maintaining account security, such as strong passphrases (e.g. that contain upper and lower case letters, numbers and symbols, and that are not recorded in places others can access). You are responsible for all uses of your account and login information, whether or not authorized by you. You agree to notify us as soon as you are aware of any unauthorized use of your Account, login information or passphrase, and in such event, you should immediately change your passphrase to prevent further unauthorized use. We are not liable for any loss or damage arising from your failure to comply with the above requirements.

3. TERM AND TERMINATION

These Terms remain in effect as long as you continue to use the Services, or until terminated in accordance with the provisions of these Terms. You may stop using TSS’s Services any time. TSS reserves the right to suspend or terminate your rights to access or use the Services at any time, with or without cause, and with or without notice (provided that we will attempt to give reasonable notice of any suspension or termination). For example, TSS may suspend or terminate your use if you are not complying with these Terms, or if you are using the Services in any way that would cause TSS legal liability or disrupt others’ use of the Services. TSS may also change or remove at any time any features currently offered as part of the Services, or the Services themselves.

Upon termination, your account and right to use the Services will automatically terminate. All provisions contained herein which by their nature or effect are required or intended to be observed after termination of these Terms will survive the termination and remain binding.

4. ACCESS TO SERVICES

A. Access. Subject to these Terms, TSS grants you a limited, non-transferable, non-exclusive right (without the right to sublicense) to access and use the Services by (i) using the Website in connection with, and solely for the purpose of, reporting information you are allowed to report publicly and reading such information which has been reported by others or which is otherwise made available by TSS and its commercial partners (the “Permitted Purposes”).

B. Updates. From time to time, TSS may develop bug fixes, patches, new functionality, updates, upgrades and other modifications to the Services and/or the Software (“Updates”). You acknowledge that some of these may cause some or all of the Services and/or Software previously available to you to become unavailable. These changes may be automatically installed without providing any additional notice or receiving any additional consent. By using the Software, you consent to any and all automatic Updates. If you do not want such Updates, please stop using the Services and terminate your Account. If you do not terminate a previously created Account and comply with requested authorizations, you will receive Updates automatically. Updates are subject to these Terms together with any additional terms that may be provided with such Updates. Your continued use of the Services following such Updates is your agreement to all such additional terms.

C. Content. Certain materials may be displayed or performed in association with the Services including, but not limited to the Website, text, data, CDs, DVDs, graphics, images, video, audio, photographs, articles, electronic art, communications programs, executable code, computer code and other materials (“Content”). Content also includes design, structure, selection, coordination, expression, “look and feel,” arrangement, layouts, pages, screens, and databases of such Content, contained in the Content, Services, and underlying technology, and any and all other copyright-protected work associated with the Services. The Content may be owned by TSS or by others, including other users of the Services or our third-party partners. Use of the Services does not confer ownership rights to the Content. Except as may be expressly granted by TSS, you may use the Content solely for your personal, non-commercial use in connection with the Services. Non-commercial use of the Content excludes the use of Content without prior written consent from TSS in connection with: (1) the development of any software program, including, but not limited to, training a machine learning or artificial intelligence (AI) system; (2) analyzing more data than is needed to find a prescription for an individual’s personal use or make individual reports, or (3) providing archived or cached data sets containing Content to another person or entity. We do not accept any responsibility or liability for any content posted by third parties on the Services, including content posted by you or other users. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit any Content or other proprietary rights not owned by you in any way that violates any third party right.

D. User Submissions. The Content may include information that you and other users provide us in the course of using the Services (collectively, “User Submissions”), which we may use to provide, maintain and improve the Services. You are solely responsible for all User Submissions that you upload, post, email, transmit, or otherwise disseminate in connection with the Services, or that you contribute in any manner to the Services. You represent and warrant that you have all rights necessary to do so and that no person(s) may claim their privacy or other rights have been violated as a result of any User Submissions by you. You hereby grant TSS a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sub-licensable and transferable right to access, display, reformat, modify, analyze, create derivative works of, excerpt, translate, distribute or otherwise use your User Submissions in connection with providing the Services. TSS reserves the right to remove any Content, including your User Submissions, from the Services at any time for any reason or for no reason at all. You agree to waive all claims and forever release TSS from any liability, such as resulting from medical privacy laws, for the gathering of such information by you.

TSS DISCLAIMS ANY LIABILITY WHATSOEVER FOR ANY MISSTATEMENTS AND/OR MISREPRESENTATIONS MADE BY ANY USERS OF THE WEBSITE AND THE APP, WHETHER POSTED ON THE WEBSITE OR THE APP OR INCLUDED IN A USER PROFILE. USERS HEREBY REPRESENT, UNDERSTAND AND AGREE TO HOLD TSS HARMLESS FOR ANY MISSTATEMENTS AND/OR MISREPRESENTATIONS MADE BY ANY USERS OF THE WEBSITE AND THE APP.

E. Third Party. The Services may be used in connection with other products and services, and may contain links and interfaces to, as well as content and data from, third-party websites, apps, products and services (“Other Services”). Any such links and interfaces are provided solely as a convenience to you. By accessing or using these Other Services, you are consenting to the creation of an interface with such Other Services, and agreeing that TSS may exchange information and control data with such Other Services regarding you and your use of the Services, including your personal information, in order to enable the Other Service interface and functionality, and its use by such Other Services. Once this information is shared with the Other Services, its use will be governed by the third party’s privacy policy and not by our Privacy Policy. Moreover, use of such Other Services is governed by separate terms and conditions provided by the providers of the applicable product or service. You should review the terms of use and privacy policies of such Other Services before enabling or using them. We do not exercise control over such Other Services. We are not responsible for the performance of the Other Services. You acknowledge and agree that TSS makes no representation or warranty about the safety of any Other Services. Accordingly, TSS is not responsible for your use of any Other Service or any harm or losses arising from or relating to your use of any Other Services.

F. System Requirements. Our Services are designed to work with devices that have: (i) a working network connection allowing reliable communication with the device you use to access the Services; (ii) a valid user account; and (iii) a modern Web browser. It is your responsibility to ensure that you have all required system elements and that they are compatible, up to date, and properly configured. You acknowledge that the Services may not work as described, especially when the compatibility requirements have not been met.

G. Open Source. Certain independent, third-party code may be included in the Service that are subject to the GNU General Public License or other open-source licenses (“Open-Source Software”). The Open-Source Software is licensed under the terms of the license that accompanies such Open-Source Software, and you are responsible for compliance with these Terms and any applicable Open-Source Notice terms on our Website.

H. Access Outside Certain Countries. Although the Website may be accessible worldwide, our Services are not designed for use in all countries, and some or all of the features of the Service may not work or be appropriate for use in a particular country. To the fullest extent permitted by law, TSS accepts no responsibility or liability for any damage or loss caused by your access or use of the Services in a country not specifically approved by us. You will be bound by these Terms wherever you access or use the Services.

I. Paid Services. Certain Services may be provided for a fee, even if no services require a fee at the time these Terms were last updated. You are responsible for paying all applicable fees in connection with the Services selected by you in accordance with these Terms and any applicable Terms of Sale on our Websites.

J. Support. This agreement does not entitle you to any guaranteed level, availability, or turnaround time of customer support services for the Services.

5. RESTRICTIONS

The Services are provided by TSS for your personal, non-commercial use only. You agree to use the Website and the Services only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment. You agree not to engage in any of the following (each, a “Prohibited Use”):

(a) Post, upload, publish, submit or transmit any Content via our Services that: (i) infringes, misappropriates or violates a third party’s intellectual property rights, or rights of publicity or privacy; (ii) violates any law, statute, ordinance or regulation, or encourages any conduct that would violate any applicable law or regulation; (iii) is harmful, fraudulent, false, misleading or deceptive; (iv) is threatening, abusive, harassing, tortious, defamatory, obscene, pornographic, vulgar, libelous, or otherwise objectionable; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual, company, or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; (vii) promotes illegal or harmful activities or substances, including off-label use of prescription medication without the personalized and specific advice of an appropriate medical professional; (viii) impersonates any person or entity, including without limitation any employee or representative of TSS; (ix) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program; (x) attempts, in any manner, to obtain the passphrase, account, or other security information from any other user; or (xi) is intended to perform any of the activities hereunder;

(b) Use, display, mirror, frame, reformat or redistribute the Services, or any individual element within the Services, TSS’s name, any TSS trademark, logo or other proprietary information, or the layout and design of any page, form, software or output, without TSS’s express written consent;

(c) License, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services or access the Services other than through the Website or other method authorized by TSS;

(d) Use the Services in any manner which degrades the user experience, reliability, speed, or operation of the Services, or any underlying hardware or software thereof;

(e) Access, tamper with, or use non-public areas of the Services, including TSS’s computer systems, servers, networks, or the technical delivery systems of TSS’s providers;

(f) Attempt to probe, scan, or test the vulnerability of any TSS Service, Licensed Software, system or network or breach any security or authentication measures, or to modify, make derivative works of, disassemble, reverse engineer, decompile or otherwise attempt to gain the source code for any Software or Service in any way for any purpose, including without limitation for error correction;

(g) Alter, adapt, modify, translate, make derivative works of, disassemble, reverse engineer, decompile, or disassemble source code for any TSS Service;

(h) Attempt to: (1) defeat, avoid, bypass, remove, deactivate or otherwise circumvent any software protection mechanisms in source code for any TSS Software or Service, including without limitation any such mechanism used to restrict or control the functionality of such code or (2) derive the underlying code, ideas, algorithms, structure or organization from such source code;

(i) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by TSS or any of TSS’s providers or any other third party (including another user) to protect the Services or Licensed Software;

(j) Access or attempt to access the Services by means other than through the Website or other interface that is provided by TSS;

(k) Access the Services in order to build a similar or competitive offering;

(l) Upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer or communication network, computer, handheld mobile device, data, the Services, the Software; or properties connected to the Service or Software;

(m) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation using the Services or in connection with the Services;

(n) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

(o) Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

(p) Use the Services to impersonate any person or send altered, deceptive or false identifying information, or misrepresent your affiliation with any person or entity;

(q) Use robots, spiders, scripts, service, software or any manual or automatic device, tool, or process designed to data mine or scrape the Content, data or information from the Services, or otherwise use, access, or collect the Content, data or information from the Services using automated means;

(r) Use the Content or the Services for the development of any software program, including, but not limited to, training a machine learning or artificial intelligence (AI) system without express written consent from TSS;

(s) Violate any applicable law or regulation; or

(t) Encourage or enable any other individual to do any of the foregoing.

TSS has the right, but not the obligation, to investigate potential violations of these Terms or conduct that affects the Services. TSS may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. Engaging in a Prohibited Use of may result in civil, criminal, and/or administrative penalties, fines, or sanctions against the user and those assisting the user.

To the fullest extent allowed by law, TSS is not responsible for damage or liability caused by use of the Software and Services for purposes other than for which the Software and Services are designed or intended, or use of the Services in violation of the Terms and/or written instructions provided by TSS.

6. LIMITATION OF SERVICES

(a) Availability. While we aim for our Services to be highly reliable and available, we do not guarantee that they will be reliable or available 100% of the time. The Services are subject to interruptions and failures for a variety of reasons beyond TSS’s control, including but not limited to Wi-Fi® network intermittency, broadband Internet service provider uptime, mobile Internet service provider uptime, reliability of mobile smartphone notifications (such as “push” notifications), and/or reliability of other third-party products and services to which our Services or Software may be integrated with. You acknowledge these limitations and agree that TSS is not responsible for any damages allegedly caused by the failure or delay of the Services. Furthermore, Services may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, or other circumstances. To the fullest extent permitted by law you agree that you will not be entitled to any refund, rebate, or damages for such suspensions. Notwithstanding anything to the contrary in this agreement, we may temporarily suspend access to the Services provided to you and any other third-party for security purposes, to prevent illegal or fraudulent activity, to comply with the requests of any legal agency or government entity, or if you violate this agreement.

(b) Privacy. Please review the Privacy Policy for information regarding the data that TSS may collect from users of the Software and Services, including any Content or User Submissions. TSS cares about the integrity and security of your personal information. However, TSS cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. To the fullest extent permitted by law you acknowledge that you provide your personal information at your own risk.

(c) No Medical Advice. Our Software or Services (with or without any third-party product or service) or the information provided by TSS is not intended to offer or be a substitute for medical advice, diagnosis, or treatment. You understand and acknowledge that our Software or Services will not dispatch emergency authorities in the event of an emergency. Nothing stated or posted on the Website is intended to be the practice of medicine and is provided for informational purposes only. If you have an emergency or a medical concern, it is your responsibility to seek medical assistance from a qualified provider.

(d) Content. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and to the fullest extent permitted by law you hereby release us from all liability for you having acquired or not acquired Content through the Services.

(e) Compliance with Law. Data protection and privacy laws where you live may impose certain responsibilities on you and your use of the Software and Services. You agree that you (and not TSS) are responsible for ensuring that you comply with any applicable laws when you use the Software and Services, including but not limited to (i) any laws relating to the recording or sharing of content obtained through the Services that includes third parties, or (ii) any laws requiring notice to or consent of third parties with respect to your use of TSS Services.

(f) Third-Party Website Links and Referrals. The Websites may contain links to other websites operated by third parties (“Third-Party Websites”) and referrals to third-party vendors (“Referred Vendors”). Such Third-Party Websites and Referred Vendors are not under our control, even if TSS may receive compensation for inclusion or use of such links. TSS provides these links and referrals solely for your convenience and does not make any representations with respect to such Third-Party Websites or Referred Vendors. Your use of these Third-Party Websites is at your own risk.

(g) Release Regarding Third Parties. TSS is not responsible for third parties or their products and services, including Other Services, Third-Party Websites and Referred Vendors. TSS hereby disclaims and to the fullest extent permitted by law you hereby discharge, waive and release TSS and its licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with such third parties and their products and services. YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 (AND SIMILAR PROVISIONS IN OTHER JURISDICTIONS) IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION.

7. OWNERSHIP AND INTELLECTUAL PROPERTY

You acknowledge that all intellectual property rights, including without limitation copyrights, patents, trademarks, and trade secrets, in the Licensed Software, and Services (including the Website) are owned by TSS or its affiliates and/or licensors. Your possession, access, and use of the Licensed Software, and Services do not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. TSS and its affiliates and licensors and suppliers reserve all rights not granted in these Terms. The Services and Licensed Software are licensed to you, not sold, under these Terms. Except as expressly set forth in these Terms, these Terms do not grant you any right, title, or interest in the Services or any Content.

You may not use Content you obtain from our Services in any public or commercial way, nor may you copy or incorporate any of the Content into any other work, including your own website without our prior written consent.

If you provide any communications or materials to TSS by mail, email, telephone, or otherwise, suggesting or recommending changes to the Services, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), we may use such Feedback irrespective of any other obligation or limitation governing such Feedback. TSS may use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although we are not required to use any Feedback. By uploading or otherwise providing any Feedback, you hereby grant TSS and its designees, the unlimited, irrevocable, perpetual right to reuse, redistribute, modify, and create derivative works from such items for any purpose and in any media without compensation or attribution, and you warrant that all “moral rights” in uploaded materials have been waived. You further grant TSS and our designees the right in our discretion to use any name or biographical information that you submit in connection with your Feedback.

8. INDEMNIFICATION

You agree to defend, indemnify, and hold TSS, its officers, directors, employees, affiliates, agents, licensors, and suppliers, harmless from and against any damages, claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, (i) your use of the Website or any other Services or Licensed Software, including without limitation your negligence and willful misconduct, (ii) your violation of law or third party right, (iii) any User Submissions or feedback you provide; (iv) your violation of these Terms; or (v) your use or reliance upon Other Services, Third-Party Websites or Referred Vendors. TSS reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify TSS and you agree to cooperate with TSS’s defense of such claims. You agree not to settle any such claim without TSS’s prior written consent. This indemnification and defense obligation will survive these Terms of Service and your use of the Services.

9. WARRANTY DISCLAIMERS

(a) THE SERVICES ARE PROVIDED FOR YOUR CONVENIENCE, “AS IS”, “WHERE IS” AND “AS AVAILABLE.” TSS AND OUR LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.

(b) TSS AND OUR LICENSORS AND SUPPLIERS MAKE NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE COMPATIBLE WITH YOUR HOME NETWORK, COMPUTER OR MOBILE DEVICE; (III) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (IV) WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TSS OR THOUGH THE SERVICES SHALL CREATE ANY WARRANTY.

(c) TSS MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES, AND TSS WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SERVICES. TSS MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING SUGGESTIONS OR RECOMMENDATIONS OF SERVICES OR PRODUCTS OFFERED OR PURCHASED THROUGH THE SERVICES.

(d) TSS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OR IN CONNECTION WITH THE PRODUCTS OR SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE (INCLUDING THOSE FROM OTHER SERVICES, THIRD PARTIES OR REFERRED VENDORS), AND TSS WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF SUCH PRODUCTS OR SERVICES.

10. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT SHALL TSS, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, PROFITS, REVENUE OR DIMINUTION IN VALUE) DAMAGES ARISING FROM OR RELATED TO THE SOFTWARE OR SERVICES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN WARNED, KNEW OR SHOULD HAVE KNOWN, OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, TSS’S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SOFTWARE OR SERVICES SHALL BE THE GREATER OF $100, OR THE AMOUNTS PAID BY YOU TO US OR OUR AUTHORIZED RESELLER FOR THE PAST TWELVE MONTHS OF THE SERVICES IN QUESTION. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. TO THE FULLEST EXTENT BY LAW, TSS WILL NOT BE LIABLE IN ANY WAY FOR ANY CONTENT OR YOUR RELIANCE THERETO, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED IN CONNECTION WITH USE OF OR EXPOSURE TO ANY CONTENT POSTED, EMAILED, ACCESSED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

11. DISPUTE RESOLUTION, AGREEMENT TO ARBITRATE AND GOVERNING LAW

YOU AND TSS HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY, TO ASSERT OR PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION, TO ASSERT OR PARTICIPATE IN A PRIVATE ATTORNEY GENERAL LAWSUIT OR PRIVATE ATTORNEY GENERAL ARBITRATION, AND TO ASSERT OR PARTICIPATE IN ANY JOINT OR CONSOLIDATED LAWSUIT OR JOINT OR CONSOLIDATED ARBITRATION OF ANY KIND.

(a) Dispute Resolution. The dispute resolution process consists of: (1) an informal negotiation with TSS’s customer service team; and, if the dispute remains unresolved, (2) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules (as modified by this section). The Consumer Arbitration Rules provide, among other things:

• Claims can be filed with AAA online at www.adr.org;
• Arbitrators must be neutral and no party may unilaterally select an arbitrator;
• Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party;
• The consumer can elect to participate live, by phone, video conference, or, for claims under $25,000, by the submission of documents;
• The arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual claim.

(b) Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and TSS each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. TSS will contact you at the email address you have provided; you can contact TSS’s customer service team by emailing contact@medhound.org. If after a good faith effort to negotiate one of us feels the dispute cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. To initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.

(c) Agreement to Arbitrate. You and TSS agree that any dispute, claim or controversy arising out of or relating to this Agreement, your relationship with TSS or your use of the Software or any TSS’s Services (collectively, “Disputes”) will be settled by binding arbitration (“Arbitration Agreement”) before a single arbitrator. If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, the arbitrator will decide that issue.

(d) Exceptions to Arbitration Agreement. You and TSS each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights and (ii) any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).

(e) Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (“AAA Rules”) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.

(f) Modification to AAA Rules - Arbitration Hearing/Location. To make the arbitration most convenient to you, TSS agrees that any required arbitration hearing may be conducted, at your option, (1) in any location to which you and TSS agree; (2) via phone or video conference; or (3) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.

(g) Modification of AAA Rules - Attorney’s Fees and Costs. TSS will be responsible for payment of the balance of any initial filing fee under the AAA Rules in excess of $200 for claims of $75,000 or less. You may be entitled to seek an award of attorney fees and expenses if you prevail in arbitration, to the extent provided under applicable law and the AAA rules.

(h) Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

(i) Jury Trial Waiver. You and TSS acknowledge and agree that by accepting these Terms we are each waiving the right to a trial by jury as to all arbitrable disputes.

(j) No Class Actions or Representative Proceedings. You and TSS acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all disputes between us. Further, unless you and TSS both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If this Subsection is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION ON PARTICIPATION IN CLASS ACTION LAWSUITS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.

(k) Severability. Except as provided herein, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.

(l) Changes. Notwithstanding anything to the contrary in this Agreement, if TSS changes this Section (“Dispute Resolution, Agreement to Arbitrate and Governing Law”) after the date you last accepted this Agreement (or accepted any subsequent changes to it), you may reject any such change by sending TSS written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and TSS in accordance with the provisions of this Section in effect on the date you last accepted these Terms (or accepted any subsequent changes to these Terms).

(m) Survival. Except as provided herein, this Section will survive any termination of this Agreement and will continue to apply even if you stop using the Software or Services.

(n) Choice of Law for U.S. residents. These Terms shall be governed by the laws of the State of Pennsylvania without regard to its conflict of laws principles. Subject to the Agreement to Arbitrate provision above, you and TSS each irrevocably consents to bring any action arising under or relating to these Terms in the federal or state courts in Pittsburgh, Pennsylvania. Each of us irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding and waives any and all objections to the exercise of jurisdiction over the parties by those courts and to venue in those courts.

(o) Choice of Law for Canada residents. These Terms governed by the laws of the Province of Ontario without regard to its conflicts of law principles and the applicable federal laws of Canada. Subject to the Agreement to Arbitrate provision above, you and TSS each irrevocably consents to bring any action arising under or relating to these Terms in the Courts of the Province of Ontario (and where a more specific designation applies, in the City of Toronto). Each of us irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding and waives any and all objections to the exercise of jurisdiction over the parties by those courts and to venue in those courts.

(p) If arbitration before AAA is unavailable or impossible for any valid reason, such arbitration will be conducted by, and according to the rules and regulations then in effect of JAMS (Judicial Arbitration and Mediation Services).

12. COPYRIGHT POLICY

TSS respects the intellectual property rights of others, and it is TSS’s policy to expeditiously process and review notices of claimed infringement of copyright or other applicable intellectual property laws.

If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification to contact@medhound.org pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) a description of the copyrighted work claimed to have been infringed; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an email address; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.

Promptly after receipt of a valid removal notification, TSS will remove or disable access to the allegedly infringing content in accordance with requirements of the DMCA. TSS will also notify the party that posted it of your claim that the material is infringing and will give that party an opportunity to send us a written counter-notification. If TSS receives a valid counter-notification, TSS will forward it to you and you must then notify TSS within 10 business days that you have filed an action seeking a court order to restrain the other party from engaging in the allegedly infringing activity. If TSS receives such notification from you, TSS will not restore the material. If TSS does not receive such notification from you, TSS may reinstate the material.

13. INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding intellectual property and/or the transmission of technical data exported from the United States or the country in which you reside.

14. GENERAL

(a) Modifications. TSS reserves the right to make changes to these Terms from time to time. Please ensure that you have read and agreed with TSS’s most recent Terms when you use the Services. TSS will take reasonable efforts to notify you when we make material revisions or modifications to these Terms by posting a notice or new version of these Terms on TSS’s Website or providing direct notice to you. Your continued use of the Services following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the revised Terms.

These Terms may be modified by you only by obtaining our written consent in an agreement signed by an officer of TSS, or as set forth herein.

(b) Protection of Confidentiality and Intellectual Property Rights. Notwithstanding the Agreement to Arbitrate herein, TSS may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.

(c) Entire Agreement/Severability. These Terms, together with the Community Rules and Privacy Policy, constitute the entire agreement between you and TSS regarding the use of the Services. Any failure by TSS to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

(d) No agency. Neither party is an agent or partner of the other party.

(e) Force Majeure. Except for the payment of fees due under these Terms, neither party shall be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, natural disasters, pandemics, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.

(f) Assignment. These Terms, and any associated rights or obligations, may not be assigned or otherwise transferred by you without TSS’s prior written consent. TSS may assign these Terms without restriction. These Terms are binding upon any permitted assignee.

(g) Notifications. TSS may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your Account, mobile notifications, hard copy, or posting of such notice on TSS’s Website. TSS is not responsible for any automatic filtering you or your network provider may apply to email notifications.

(h) Limits on Claims. To the fullest extent permitted by law, you agree that any claim or cause of action arising out of or related to these Terms or the use of the Services, must be filed within one (1) year after such claim or cause of action arose or be forever barred, regardless of any time limit set forth in any statute or law to the contrary.

(i) No Waiver. No provision of these Terms shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of or delay in exercising any right or remedy under these Terms shall operate as a waiver or estoppel of any right, remedy or condition.

(j) Contact. In the event of any questions or comments or to request further information, TSS may be contacted by email at contact@medhound.org.

(k) Copyright/Trademark Information. Copyright © 2024, Tech Serving Society. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Services are the property of TSS or of their respective holders. You are not permitted to use any of the Marks without prior written consent of TSS. TSS reserves the right to alter product and services offerings, specifications, and pricing at any time without notice, and is not responsible for typographical or graphical errors that may appear in this or in related documents.

A future version of our Privacy Policy will explain what personal information we collect, why we collect it, how we use it, the controls you have over your personal information, and the procedures that we have in place to protect your privacy.

Right now, MedHound is an early prototype. You should assume THERE IS NO PRIVACY in using the Service, as we may at any time activate or deactivate logging, including technical details (such as IP address and logged-in user information) along with search parameters (such as what medications are sought and where) and search response data. We may also share this log information with volunteers who are helping us build MedHound or diagnose any issues we encounter in it.

TSS will not knowingly collect any personally identifiable information from children under 13.