Terms & Conditions
TPR Media LLC (d.b.a. UbiCare) provides clients and their target populations (customers, patients, families, employees, etc.), hereafter referred to as “Users” with information and technology-enabled communication products (the "Product"). Use of the Product is governed by the Terms and Conditions of this Agreement. Please read this Agreement carefully before accessing or using the Product. Throughout this Agreement, TPR Media LLC (d.b.a. UbiCare), is referred to as “we” or “us.”
> General Terms and Conditions
Your access and use of this site and the Product bind you to this Agreement. If you do not agree to the Terms and Conditions of Use for this site, you may not use the site or the Product.
We may modify this Agreement at any time. Any modifications made to this Agreement will be effective immediately upon posting on the site. By accessing or using this site and the Product, you agree to be bound by all of the terms and conditions of the Agreement as posted on the site at the time of your access or use. This access or use authorizes participation in the Product. You agree to review the Agreement posted on the site each time you use the Product so that you are aware of any modifications made to this Agreement.
The product and any information contained on or provided through the product is provided on an "as is" basis. That means that the information contained on or provided through the product is intended for general consumer understanding and education. Any access to this site is voluntary. We will regard all access as voluntary and at the sole risk of the User.
This site and the Product are for consumer education use only. Nothing contained in this site is or the Product, or should be considered or used, as a substitute for medical advice, diagnosis or treatment.
We advise Users to always seek the advice of a physician or other qualified healthcare provider with any questions regarding personal health or medical conditions. Never disregard, avoid or delay obtaining medical advice from your doctor or other qualified healthcare provider because of something you have read on this site or through the Product. If you have, or suspect that you have, a medical problem or condition, please contact a qualified healthcare professional immediately. If you are in the United States and are experiencing a medical emergency, dial 911 or call for emergency medical help immediately.
We do not operate, control, supply, endorse, warrant or guarantee any information, products, sites or merchandise that is not clearly identified as information, products, site, or merchandise supplied by us. We also do not warrant or guarantee that files available for downloading through the Product will be free of infections or viruses, worms, Trojan horses, or other code that contains contaminating or destructive properties.
We cannot and do not guarantee or warrant against errors, omissions, delays, interruptions or losses, including loss of data. Users of this site and the Product are responsible for maintaining a means external to our Product for the reconstruction of any lost data.
We reserve the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, this site, or any part thereof, with or without notice.
> Warranties and Limitation of Liability
We do not make any express or implied warranties, representations or endorsements of any kind whatsoever (including without limitation, warranties of title or non-infringement, or any warranties of merchantability or fitness for a particular purpose) with regard to the product, or with respect to any information, product, site merchandise or other material provided on or through the Product. We do not warrant or guarantee the accuracy, completeness, correctness, timeliness or usefulness of any information, products, sites merchandise or other material provided through the product or on the internet generally. We make no warranty or guarantee that the product will be uninterrupted, timely, secure or error-free.
We are not liable to any User or anyone else for any decision made or action taken based on reliance upon the information contained in or provided through the product.
> Users’ Agreement
In some cases, by registering to use this site or the Product, Users will create a personal profile account. Users agree to maintain the security of all User identification, password and other confidential information relating to the use of their account.
Users will not upload or transmit any communications or content of any type that infringes upon or violates any rights of any party.
Users will not use this site or the Product for any purpose in violation of local, state, national or international laws.
Users will not use this site or the Product as a means to distribute advertising or other unsolicited material to any third party.
Users will not post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by us in our sole discretion.
Users will not impersonate another person or create any false account information or health record for themselves or others.
Users will not hold us, or any of our affiliates, subsidiaries or sponsors liable for damages including (but not limited to) loss of wages, revenue, or business because of any Products related to or provided by this site. The sole and exclusive remedy for dissatisfaction with the Products of this site will be to stop using the Product.
Users will indemnify us and any of our parent or subsidiary companies or organizations, sponsors and any of our or their successors, assigns or licensees, together with any of their respective officers, directors and employees, against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys’ fees and costs) arising out of a claim by a third party relating to use of the Product, or any breach or violation of this Agreement or any other term or condition contained in the Product.
Users agree to comply with all User responsibilities and obligations as stated in these Terms and Conditions of Use.
> Users' Representations
All Users of this site or the Product represent and warrant that they are at least 18 years of age and that they possess the legal right and ability to agree to these Terms and Conditions of Use and to use this site in accordance with these Terms and Conditions of Use.
> Product Disclosure
In accepting the Terms and Conditions of Use for this site and the Product, the User authorizes participation in the Product with these explicit disclosures:
- Clients using the Product(s) pay an annual fee to offer the Product(s) to their target population (customers, patients, families, employees, etc.), with content provided by TPR Media LLC (d.b.a. UbiCare). Our Clients may alter that content if they so choose. Clients who alter said content are solely responsible of the impact of the changes they make.
- In some cases, TPR Media LLC (d.b.a. UbiCare) may also receive payment from Corporate Sponsors to help keep Client costs for the Product down and ensure the Product is provided free to Users.
- No personal User information is ever provided to any third party, including Business Partners, under any circumstance through our Product except through User-initiated contact. The only way for Corporate Sponsors to access a User’s information is if the User explicitly and knowingly provides this information by his or her own choice.
- In some of our sites or Products, Users may be exposed to Sponsors' logos and special offers within the context of the Product or site. Agreeing to the Terms and Conditions of Use authorizes exposure to this Sponsor-related logo and if Users click hyperlinks to find out more they will leave the Client’s program and go to our page wherein they could choose to seek more information from the Sponsor. To access Sponsor-owned webpages, Users must click through to Sponsor websites through hyperlinks provided on our site, such as the RealMail Sponsor page.
- Content provided by TPR Media LLC (d.b.a. UbiCare) is in no way influenced by either the size of a Corporate Sponsor or the amount of money a Corporate Sponsor pays. This is clearly stipulated in the contract between TPR Media LLC (d.b.a. UbiCare) and all Corporate Sponsors.
- All content provided to Clients, has been reviewed by TPR Media LLC (d.b.a. UbiCare) staff, editors and, when relevant, qualified science editors. Clients are able to customize, edit or overwrite this content, and many do.
- TPR Media LLC (d.b.a. UbiCare) will keep all agreements and authorizations on file for six years.
> Conflict Resolution
If any of the provisions of this Agreement are held to be not enforceable by a court or other tribunal of competent jurisdiction, then such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
This Agreement constitutes the entire agreement between you and us relating to the access and use of the site and the Product. This Agreement may not be modified, in whole or in part, except as described elsewhere in this Agreement. Anything contained on the Product inconsistent with or conflicting with the terms of this Agreement is superseded by the terms of this Agreement.
> Termination of Products
If you violate these Terms and Conditions of Use, your use of this site and the Product will be terminated. We may notify you that you have breached the Agreement and your account is being terminated. We may, in our sole discretion, terminate your access to this site and/or the Product, or any portion thereof, or discontinue providing the site and/or the Product, or any portion thereof. These actions are in addition to and not in lieu or limitation of any other right or remedy we may have available at law. Further, we shall not be liable to you or any third party for any such termination or discontinuance.
We do not guarantee continuous, uninterrupted, or secure access to our sites or the Product, and operation of this site may be interfered with by numerous factors outside of our control. You agree that these Terms and Conditions of Use and all incorporated agreements between us and you may be automatically assigned by us, in our sole discretion, to a third party in the event of a merger, acquisition or liquidation.
Our failure to act with respect to a breach by you or others of these Terms and Conditions of Use does not waive our right to act with respect to subsequent or similar breaches. These Terms and Conditions of Use set forth the entire understanding and agreement between us and any site User with respect to the site, its uses, and Products.
> Copyright and Trademarks
The mark “RealMail” is a trademark and product mark of TPR Media LLC (d.b.a. UbiCare). The materials on the site and used in the Product are copyrighted by us and/or other applicable rights holders. Any reproduction of these materials, either electronic or in hard copy, or any other form is strictly prohibited without our prior written permission and the permission of the applicable rights holder(s).
We collect and use activity statistics in order to understand the ways in which our sites and Products are being utilized. We also provide this data, stripped of all personal identifiers, to the individual Clients that use the Product. Activity-related data is stored anonymously and it is only used in the form of aggregated statistics. This aggregated, anonymous data may also be shared with Corporate Sponsors or Business Partners. Activity related data cannot be used to target you with solicitations of any kind. You have full, online access to any and all information that you provide to us for purposes of viewing and changing it.
We collect only information that is required in order to provide you with the Product. We design our platforms so that you must make express, informed choices to use the Products when asked to provide personal information. If you do choose to provide us with personal information, we will hold that information in the strictest confidence. Your email address and personal information will not be used for any other purpose without your explicit consent, and you may opt out at any time.
> Contact Information
If you have any questions about our sites or the Product, please contact us at: firstname.lastname@example.org.