TERMS AND CONDITIONS OF USE


PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SURVEY.

MedSleuth, Inc. (together with its directors, officers, employees, stockholders, contractors, attorneys and agents, "MedSleuth") may revise and update these Terms and Conditions at any time. Your continued usage of the BREEZETM website ("BREEZETM Survey," or the "Survey,") will mean you accept those changes.

Acceptance and User Representations

In order to use the Survey, you must first agree to the Terms and Conditions. You may not use the Survey if you do not accept the Terms and Conditions.

You can accept the Terms and Conditions by:

(A) clicking to accept or agree to the Terms and Conditions, where this option is made available to you by MedSleuth in the Survey; or

(B) by actually using the Survey. In this case, you understand and agree that MedSleuth will treat your use of the Survey as acceptance of the Terms and Conditions from that point onwards.

You may not use the Survey and may not accept the Terms and Conditions if (a) you are not able to form a binding contract with MedSleuth (for example, due to your age, mental capacity or other legal incapacity), or (b) you are a person barred from using the Survey under the laws of your jurisdiction. By accepting the Terms and Conditions you affirmatively represent (i) that you meet the requirements set forth in the preceding sentence, (ii) that you have carefully read, fully understand and agree to all of the provisions in these Terms and Conditions, and (iii) that you are otherwise permitted to use the Survey in all respects. If you have any questions or concerns about these Terms and Conditions then you should not use the Survey until you have discussed your questions or concerns directly with MedSleuth or your medical provider.

Language of the Terms

Where MedSleuth has provided you with a translation of the English language version of the Terms and Conditions, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms and Conditions will govern your relationship with MedSleuth.
If there is any contradiction between what the English language version of the Terms and Conditions says and what a translation says, then the English language version shall take precedence.

The Survey does not provide medical advice

The contents of the BREEZETM Survey, such as text, graphics, images, information, and other material contained in the BREEZETM Survey ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the BREEZETM Survey!
Reliance on any information provided on the BREEZETM Survey or by MedSleuth employees or agents is solely at your own risk.

Liability of MedSleuth and its licensors

The use of the BREEZETM Survey and the Content is at your own risk.
When using the BREEZETM Survey, information will be transmitted over a medium that may be beyond the control and jurisdiction of MedSleuth and its suppliers. Accordingly, MedSleuth assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the BREEZETM Survey.
The BREEZETM Survey and the content are provided on an "as is" basis. MEDSLEUTH, ITS LICENSORS, ITS LICENSEES, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, MedSleuth, its licensors, its licensees and its suppliers make no representations or warranties about the following:

The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the BREEZETM Survey or MedSleuth.

The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained within the BREEZETM Survey.

IN NO EVENT SHALL MEDSLEUTH (INCLUDING MEDSLEUTH'S DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, CONTRACTORS, ATTORNEYS AND AGENTS), ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE BREEZETM SURVEY BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE MEDSLEUTH'S PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, THE BREEZETM SURVEY OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MEDSLEUTH (INCLUDING MEDSLEUTH'S DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, CONTRACTORS, ATTORNEYS AND AGENTS), ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE BREEZETM SURVEY ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MEDSLEUTH (INCLUDING MEDSLEUTH'S DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, CONTRACTORS, ATTORNEYS AND AGENTS), ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE BREEZETM SURVEY SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $1000. MEDSLEUTH (INCLUDING MEDSLEUTH'S DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, CONTRACTORS, ATTORNEYS AND AGENTS), ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE BREEZETM SURVEY ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF MEDSLEUTH'S PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, THE SURVEY OR CONTENT. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF MEDSLEUTH'S PRODUCTS OR SERVICES, INCLUDING WITHOUT LIMITATION, THE SURVEY OR ANY CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. REMEDIES UNDER THESE TERMS AND CONDITIONS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS AND CONDITIONS.


Indemnity

You agree to defend, indemnify, and hold MedSleuth, its officers, directors, employees, contractors, attorneys, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, directly or indirectly resulting from, or alleged to result from,(i) your violation of these Terms and Conditions, and/or (ii) any claims you bring against MedSleuth, its officers, directors, employees, contractors, attorneys, agents, licensors, and suppliers which are related to, arise out of, or are otherwise directly or indirectly connected to your use or misuse of MedSleuth's products and services, including, without limitation, the BREEZETM Survey and the Content.


Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with MedSleuth, or in any way relating to your use of the BREEZETM Survey, resides in the courts of the State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including any claim involving MedSleuth or its affiliates, subsidiaries, employees, contractors, officers, directors, attorneys, telecommunication providers, and content providers.
These Terms and Conditions are 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 and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. In such case, these Terms and Conditions will be deemed amended to the extent necessary to make these Terms and Conditions enforceable, valid and, to the maximum extent possible consistent with applicable law, consistent with the original intentions of the parties; and the remaining terms and provisions shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.


Privacy policy

1. Aggregate data

MedSleuth may combine, in a non-identifiable format, the information you provide with information from other users to create aggregate data that may be disclosed to third parties. Aggregate data does not contain any information that could be used to contact or identify you. For example, MedSleuth may use information gathered to create a composite profile of all the users of a particular medical therapy and the associated medical conditions. MedSleuth will not otherwise disclose your information to any third party without your prior permission, except as otherwise permitted by this Privacy Policy.

2. Disclosure of your information

Except as described in this Privacy Policy or as specifically agreed to by you, MedSleuth will not disclose any information it gathers from you on our website. We may only release your information to third parties: (1) who are managing your healthcare and with whom you have agreed for such information to be shared; (2) to comply with valid legal requirements such as a law, regulation, search warrant, subpoena or court order; or (3) in special cases, such as in response to a physical threat to you or others, to protect property or defend or assert legal rights. In the event that we are legally compelled to disclose all or part of your information to a third party, we will attempt to notify you unless doing so would violate the law or court order.

Complete agreement

These Terms and Conditions, the MedSleuth Privacy Policy and the Disclaimer which appears on each page of the BREEZETM Survey constitute the entire agreement between you and MedSleuth with respect to the subject matter thereof including the use of the BREEZETM Survey, and Content.
Thank you for your cooperation. We hope you find the BREEZETM Survey helpful and convenient to use!