Terms of Use
MadeMed Terms of Use
These Terms of Use govern your use of our online interfaces and properties (e.g., websites and mobile applications) owned and controlled by MadeMed Inc. ("MadeMed," “we,” “us,” or “our”) including, but not limited to, the https://www.mademed.com website (the "Site") as well as the services and products ("Products") available to users through the Site.
Inspired Health Services, LLC and its affiliated entities (collectively defined as "Health Services") provide the professional medical services through Health Services physicians (individually the "Provider" and collectively the "Providers").
MadeMed provides the non-clinical Site services ("Services"). The terms "you" and "your" mean you and any other person accessing your MadeMed account.
By using or accessing the Site, registering with the Site, and/or by clicking “I Agree,” you acknowledge that you have read, understand, and agree to all terms and conditions contained within these Terms of Use.
Your compliance with these Terms of Use is a condition to your use of the Site.
If you do not agree to be bound by the Terms of Use, promptly exit the Site.
Please also consult our Privacy Policy, which can be found here [https://mademed.com/privacy] for a description of our privacy practices and our Returns Policy, which can be found here [https://mademed.com/returns/] for a description regarding how Product returns are handled.
Binding Arbitration These Terms of Use provide that all disputes between you and MadeMed that in any way relate to these Terms of Use or your use of the Site will be resolved by BINDING ARBITRATION.
ACCORDINGLY, YOU GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use.
Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action.
Please review the Section below titled Dispute Resolution: Arbitration Agreement for details regarding your agreement to arbitrate any disputes with MadeMed.
Changes to these Terms of Use
We may modify these Terms of Use from time to time at our sole discretion.
We will provide notice by updating this posting.
You are expected to carefully review and periodically check these Terms of Use so you are aware of any changes.
Any changes to these Terms of Use will be in effect as of the “Last Updated” date referenced at the top of these Terms of Use.
Your continued use of the Site constitutes your binding acceptance of these Terms of Use, including any changes or modifications that we may make.
If any part of these Terms of Use or any future changes to these Terms of Use are not acceptable to you, you must not use or access the Site.
Privacy Practices
You agree that information provided by you in connection with the Services is governed by the Privacy Policy available here [https://mademed.com/privacy].
Services Provided - No Medical Care or Advice by MadeMed
We offer an online communication platform for Providers and their patients to connect via the Site through the use of synchronous and asynchronous telecommunications technologies.
The Site facilitates communication between patients and Providers.
MadeMed does not provide medical advice or care. Inspired Health Services, LLC delivers clinical services via the MadeMed platform to their patients.
Providers are independently contracted or employed by Inspired Health Services, LLC Providers are not contracted or employed by MadeMed.
The Providers, and not MadeMed, are responsible for the quality and appropriateness of the care they render to you.
The Providers are independent of MadeMed and are merely using the Site as a way to communicate with you.
Any information or advice received from a Provider comes from them alone, and not from MadeMed. Your interactions with the Providers via the Site are not intended to take the place of your relationship with your regular health care practitioners or primary care physician.
Neither MadeMed, nor any of its subsidiaries or affiliates, nor any third party who may promote the Site or Service or provide a link to the Service, shall be liable for any professional advice obtained from a Provider via the Site or Service, nor any information obtained on the Site. MadeMed does not recommend or endorse any specific Providers, tests, physicians, medications, products, or procedures.
You acknowledge that your reliance on any Providers or information delivered by the Providers via the Site or Service is solely at your own risk and you assume full responsibility for all risks associated herewith.
MadeMed does not make any representations or warranties about the training or skill of any Providers who deliver services via the Site or Service.
You will be provided with available Providers based solely on the information you submit to the Site.
You are ultimately responsible for choosing your particular Provider.
The content of the Site and the Services, including but not limited to text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute medical advice, diagnosis, treatment, or recommendations of any kind by MadeMed.
You should always seek the advice of your qualified health care professionals with any questions or concerns you have regarding individual needs and medical conditions.
All information provided by MadeMed, or in connection with any communications supported by MadeMed, is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law.
While MadeMed facilitates your selection of, and communications with, Providers, MadeMed does not provide medical services and the doctor-patient relationship is between you and the Inspired Health Services, LLC Provider you select.
Not for Emergencies: If you are experiencing a medical emergency, you should dial 911 immediately. DIAL 911 NOW
Risks of Telehealth Services
By using the Services, you acknowledge the potential risks associated with telehealth services. These include, but are not limited to, the following: information transmitted may not be sufficient (e.g., poor resolution of images) to allow for appropriate medical or health care decision-making by the Provider; delays in evaluation or treatment could occur due to failures of electronic equipment; a lack of access to your medical records may result in adverse drug reactions or allergic reactions or other judgment errors; although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail, causing a breach of privacy to your health information.
Prescription Policy
Neither MadeMed nor Inspired Health Services, LLC endorses any specific medication, pharmacy, or pharmacologic product.
If a Provider prescribes a medication, he/she will limit the supply based upon state regulations and will only prescribe a medication as determined in his/her own discretion and professional judgment.
There is no guarantee a prescription will be written.
Providers do not prescribe DEA controlled substances or scheduled medications, or certain other drugs which may be harmful because of their potential for abuse.
Providers reserve the right to deny care for actual or potential misuse of the Services.
You agree that any prescriptions that you acquire from a Provider will be solely for your personal use.
You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription.
MadeMed and Inspired Health Services, LLC fully honor patient freedom of choice and, if you receive a prescription for medication, you always have the option to instruct Inspired Health Services, LLC to transmit the prescription to the pharmacy of your choice.
Not an Insurance Product
Neither MadeMed nor Inspired Health Services, LLC are insurers.
The Services are not insurance products, and the amounts you pay to MadeMed or Inspired Health Services, LLC are not insurance premiums.
Availability of Services
MadeMed and Inspired Health Services, LLC operate subject to state and federal law, and the Services may not be available in your state.
You represent that you are not a person barred from enrolling for or receiving the Services under the laws of the United States or other applicable jurisdictions in which you may be located.
Access to and use of the Site or Services is limited exclusively to users located in states within the United States where Services are available.
Services are not available to users located outside the United States.
Accessing the Site or Services from jurisdictions where content is illegal, or where we do not offer Services, is prohibited.
Ordering and Purchasing Products
Order Acceptance and Shipment
Your placement of an order does not necessarily ensure that your order will be accepted.
We may require additional information regarding your order if you have not provided all the information required to be completed.
Once a properly completed order and authorization of your form of payment is received, we will process your order and arrange for shipment.
If, for some reason, it is determined that your Product(s) cannot be shipped within thirty (30) days following receipt of a properly completed order, we will cancel your order and advise you of such action.
We do not accept orders from dealers, wholesalers, or other customers who intend to resell items offered on our Site.
Typographical Errors and Incorrect Pricing
If a Product or Service is listed at an incorrect price due to typographical error or error in pricing information received from a third party, we shall have the right to refuse or cancel any orders placed for the Product(s) and/or Service(s) listed at the incorrect price.
We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card is charged.
If your credit or debit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit or debit card account in the amount of the charge.
Risk of Loss
All Products purchased from our Site are delivered to shipment carriers.
The risk of loss and title for such Products pass to you when they are delivered to the carrier.
You may return Products in accordance with our Returns Policy available at here [https://mademed.com/returns] posted on our Site.
Eligibility, Site Access, Security, and Restrictions; Passwords
THE SITE IS OFFERED AND AVAILABLE TO USERS WHO ARE 18 YEARS OF AGE OR OLDER. YOU MAY NOT USE, ACCESS, OR REQUEST SERVICES FROM THE SITE IF YOU (A) DO NOT AGREE TO THESE TERMS OF USE, (B) ARE NOT AT LEAST 18 YEARS OF AGE, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE SITE OR ANY OF THE SITE'S CONTENTS OR SERVICES BY APPLICABLE LAW.
BY USING THE SITE OR OBTAINING SERVICES FROM THE SITE, YOU REPRESENT AND WARRANT THAT YOU MEET ALL OF THE FOREGOING ELIGIBILITY REQUIREMENTS AND YOU AFFIRM THAT YOU ACCEPT AND ARE BOUND BY THESE TERMS.
IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS, YOU MUST NOT ACCESS OR USE THE SITE.
We reserve the right to modify or discontinue this Site with or without notice to you.
We shall not be liable to you or any third party should we exercise our right to modify or discontinue the Site.
We do not guarantee continuous, uninterrupted, or secure access to our Site.
The operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control or through acts of God.
Access to certain portions of the Site or some of the resources it offers may require a user name and password.
Only registered users may access password-protected pages.
You may be asked to provide certain registration details or other information.
It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.
You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password, or other security information.
You are solely responsible for all activities that occur under your account.
You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.
We have the right to disable your access to the Site at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law; (d) taking any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure; (e) introducing any spyware, viruses, Trojan horses, worms, keystroke loggers, rootkits, logic bombs, or other material which is malicious or technologically harmful to the Site (or the servers, networks, and databases which are connected to the Site); (f) using the Site to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software; (g) engaging in any activity that interferes with or disrupts the Site (or the servers, networks, and databases which are connected to the Site); (h) forging headers or otherwise manipulating identifiers in order to disguise the origin of any content transmitted through the Site or develop restricted or password-only access pages, or hidden pages or images; or (i) contacting other site users through unsolicited e-mail, telephone calls, mailings, or any other method of communication.
You agree you will not impersonate or attempt to impersonate us, our employees, another user, or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
Violations of system or network security may result in civil or criminal liability. MadeMed will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
7. Electronic Communications
When you use the Site or Services, or send emails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically.
You consent to receive communications from us electronically.
You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.
MadeMed and Inspired Health Services, LLC may contact you by telephone, mail, or email to verify your account information.
MadeMed and Inspired Health Services, LLC may request further information from you, and you agree to provide such further information to ensure that you have not fraudulently created your Account.
If you do not provide this information in the manner requested within 14 days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the Site and the Services until you provide the information to us as requested.
Consent to Receive Calls and Text Messages
By providing your mobile number, you are agreeing to be contacted by or on behalf of MadeMed or Inspired Health Services, LLC at the mobile number you have provided, including calls and text messages, to receive informational, Product or Service related (e.g., progress tracking, refill reminders, checkup reminders, etc.) and marketing communications relating to the Site and Services. Message and data rates may apply.
We may confirm your opt out by text message.
If you subscribe to multiple types of text messages from us, we may unsubscribe you from the service that most recently sent you a message and/or respond to your STOP message by texting you a request to identify services you wish to stop.
Keep in mind that if you stop receiving text messages from us you may not receive important and helpful information and reminders about your progress and treatment.
Intellectual Property
These Terms of Use permit you to use the Site exclusively for your personal, non-commercial use only.
The Site and all information and content contained therein are protected by contract law and various intellectual property laws, including United States and international copyright and trademark laws.
All pages within the Site and any materials on the Site, including, without limitation, those available for download, are the property of MadeMed or its licensors or suppliers, as applicable.
All rights not expressly granted to you in these Terms of Use are reserved and retained by MadeMed, its licensors, suppliers, publishers, rights holders, or other content providers.
The Site, Services, and Products or any part of the Site, Services, and Products may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purposes without the express written consent of MadeMed.
You may not frame or utilize framing techniques to enclose, or deep link to, any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MadeMed without express written consent.
You may not use any Meta tag or any other "hidden text" using MadeMed's name or trademark without the express written consent of MadeMed.
You must not reproduce, duplicate, copy, sell, resell, publish, distribute, modify, create derivative works of, publicly perform, publish, republish, store, use, or transmit, in whole or in part, any of the material on our Site, any materials accessed through, or made available for use or download through the Site except as approved in writing by MadeMed.
Subject to the restrictions set forth in these Terms of Use, and except for content specifically and expressly made available for redistribution, you may print or download information from the Site only for your personal and other non-commercial use, and not for further reproduction, publication, or distribution, provided you keep intact all copyright and other proprietary notices.
Copyright Infringement
We disclaim any responsibility or liability for copyrighted materials posted on the Site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
MadeMed respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond promptly to notices of alleged infringement that are reported to MadeMed.
Notices of Alleged Infringement for Content Made Available on the Site.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice ("Notice") complying with the following requirements:
Identify the copyrighted works that you claim have been infringed.
Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
Provide your mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice:
"I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to us at the email address listed in the “Contact Information” provided at the end of these Terms of Use.
User Information
If you submit, upload, post, or transmit any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images, or other materials to us or our Site (“User Information”), you agree not to provide any User Information that
(a) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, or
(b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity.
You represent and warrant to MadeMed and Inspired Health Services, LLC that you have the legal right and authorization to provide all User Information to MadeMed and Inspired Health Services, LLC as required by MadeMed and Inspired Health Services, LLC
You also agree not to edit or otherwise modify any content on the Site that is not owned by you.
Informational Content
The information presented on or through the Site is made available solely for informational purposes.
We use reasonable efforts to update the information on the Site.
However, the contents of the Site are subject to change without notice.
We make no representations or warranties as to the accuracy, reliability, completeness, or usefulness of any information on the Site.
Any reliance you place on such information is strictly at your own risk.
We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
The Site may include content provided by third parties.
All statements and/or opinions expressed in these materials, and all content other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials.
These materials do not reflect our opinion.
We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Please contact us at the “Contact Information” provided at the end of these Terms of Use if you have questions about the information presented on the Site.
Third-Party Sites and Content
This Site may contain links to other Internet sites that our business partners and other third parties own or operate.
Your use of each of those sites is subject to the terms and conditions, if any, that each of those sites have posted.
We have no control over third-party sites and we are not responsible for any changes to or content on them.
Our inclusion of any content is not an endorsement of that material or link or the companies that own or operate the material or linked sites.
If you decide to access any of the third-party sites linked to this Site, you do so entirely at your own risk.
Linking to the Site and Social Media Features
You may link to the Site’s homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Site may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on this Site;
Send e-mails or other communications with certain content, or links to certain content, on this Site;
Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with.
Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you;
Cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking, or in-line linking, on any other site;
Link to any part of the Site other than the homepage;
Otherwise take any action with respect to the materials on the Site that is inconsistent with any other provision of these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease.
We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Risk Allocation
No Warranties
YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY ADVICE OR SERVICES OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE/NON-INFRINGEMENT, QUALITY OF INFORMATION, QUIET ENJOYMENT, OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER MADEMED NOR INSPIRED HEALTH SERVICES, LLC, NOR ANY PERSON ASSOCIATED WITH EITHER MADEMED OR INSPIRED HEALTH SERVICES, LLC, MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, TIMELINESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. NEITHER MADEMED NOR INSPIRED HEALTH SERVICES, LLC, MAKES ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE.
MADEMED AND INSPIRED HEALTH SERVICES, LLC, DISCLAIM ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, COMPLETENESS, LEGALITY, RELIABILITY, OPERABILITY, OR AVAILABILITY OF INFORMATION OR CONTENT. MADEMED AND INSPIRED HEALTH SERVICES, LLC, DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR CONTENT FROM THE SITE. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES THAT RESULT FROM THE DOWNLOAD OF ANY SUCH CONTENT. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.
WITHOUT LIMITING THE FOREGOING, MADEMED, INSPIRED HEALTH SERVICES, LLC, OR ANYONE ASSOCIATED WITH MADEMED OR INSPIRED HEALTH SERVICES, LLC, REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY ADVICE OR SERVICES OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY ADVICE OR SERVICES OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. WARRANTIES RELATING TO PRODUCTS OFFERED, SOLD, AND DISTRIBUTED BY MADEMED MAY BE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED BY MADEMED OR THIRD PARTIES WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS.
Limitation of Liability
MADEMED SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF INSPIRED HEALTH SERVICES, LLC, OR THE PROVIDERS. IN NO EVENT WILL MADEMED, ITS SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO THE SITE, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY/WRONGFUL DEATH, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE OR IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF MADEMED TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $500 (FIVE HUNDRED DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH LIMITATIONS OF LIABILITY.
Limitations Period
Any claim related to these Terms of Use or the Site may not be brought unless made within the one-year period beginning on the date when the claim first could be filed.
If it is not filed within such time, then that claim is permanently barred.
Indemnification
You agree to defend, indemnify, and hold harmless MadeMed and its successors and assigns and all of their respective officers, directors, agents, employees, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, obligations, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (i) your use of the Site and any information obtained from the Site; (ii) your breach of this Agreement, including, but not limited to, any use of the Site’s content or services other than as expressly authorized in these Terms of Use; (iii) your violation of any third party right, including, without limitation, any copyright, property right, or privacy right; or (iv) any claim that content provided by you caused damage or loss to a third party. This defense and indemnification obligation will survive your use of the Site and any termination of this Agreement.
Dispute Resolution; Arbitration Agreement
We will try to work in good faith to resolve any issue you have with the Site, including Products and Services ordered or purchased through the Site, if you bring that issue to the attention of our customer service department.
However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.
You and MadeMed agree that any dispute, claim, or controversy arising out of or relating in any way to these Terms of Use or your use of the Site, including Products and Services ordered or purchased through the Site, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court.
Arbitration uses a neutral arbitrator instead of a judge or jury and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court; however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court.
You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and MadeMed are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and MadeMed.
If you desire to assert a claim against MadeMed, and you therefore elect to seek arbitration, you must first send to MadeMed, by certified mail, a written notice of your claim ("Notice").
The Notice to MadeMed should be addressed to the physical address listed in the "Contact Information" section at the bottom of these Terms of Use ("Notice Address").
If MadeMed desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you.
A Notice, whether sent by you or by MadeMed, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If MadeMed and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or MadeMed may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by MadeMed or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after MadeMed receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $10,000. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Use, including this arbitration agreement. Unless MadeMed and you agree otherwise, any arbitration hearings will take place in Dallas, Texas.
If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as expressly set forth in this arbitration agreement, the payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.
YOU AND MADEMED AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Further, unless both you and MadeMed agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
If this Agreement to Arbitrate provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for Dallas, Texas.
Governing Law
These Terms of Use and all matters arising from them are governed by and construed in accordance with the laws of the State of Texas, exclusive of its choice of law rules.
No Waivers
No waiver by us of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition, and any failure by us to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
Assignment
You will not assign any of your rights or delegate any of your obligations under these Terms of Use without our prior written consent.
Any purported assignment or delegation in violation of this prohibition on assignment is null and void.
No assignment or delegation relieves you of any of your obligations under these Terms of Use.
Third Party Beneficiaries
Unless expressly stated in the Terms of Use to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you, MadeMed, Inspired Health Services, LLC, and its affiliates.
Nothing in the Terms of Use is intended to relieve or discharge the obligation or liability of any third persons to you, MadeMed, Inspired Health Services, LLC, and its affiliates, nor shall any provision give any third parties any right of subrogation or action over against you, MadeMed, Inspired Health Services, LLC, and its affiliates.
Force Majeure
We will not be deemed to be in breach of these terms or liable for any breach of these terms or our privacy policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, or other disaster.
Notices
We may provide any notice to you under these Terms of Use by: (i) sending a message to the e-mail address you provide, or (ii) by posting to the Site. Notices sent by e-mail will be effective when we send the e-mail, and notices we provide by posting will be effective upon posting.
To give us notice under these Terms of Use, you must contact us as follows: (i) by sending a message to the “Contact Information” Section provided at the end of these Terms of Use; or (ii) by personal delivery, overnight courier, or registered or certified mail to us at the “Contact Information” Section provided at the end of these Terms of Use. We may update the email address or mailing address for notices to us by posting a notice on the Site.
Notices provided by personal delivery will be effective immediately.
Notices provided by e-mail or overnight courier will be effective one business day after they are sent.
Notices provided by registered or certified mail will be effective three business days after they are sent.
Entire Agreement
These Terms of Use, together with any documents expressly referred to in them, including our Privacy Policy, constitute the entire agreement between you and us with respect to the Site, and supersede all previous written or oral agreements.
Reformation and Interpretation
If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms of Use shall continue in effect.
Mobile Message Service Terms and Conditions
The MadeMed mobile message service (the "Service") is operated by MadeMed Inc. (“MadeMed”, “we”, or “us”).
Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”).
We may modify or cancel the Service or any of its features without notice.
To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to MadeMed’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of MadeMed through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list.
Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.).
Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with MadeMed. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies.
Message and data rates may apply.
Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time.
Text the single keyword command STOP to +18444860055 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message.
No further messages will be sent to your mobile device, unless initiated by you.
If you have subscribed to other MadeMed mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to +18444860055 or email hello@mademed.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.
Subscription Policy
All of our prescriptions are subscriptions to help you stay on track with your medication. You will be charged the full amount for your prescription every 30 or 90 days, depending on your refill schedule, until you pause or cancel your subscription. You can pause or cancel your subscription at any time by emailing hello@mademed.com.
Testing Kit Laboratory Services and Shipping
MadeMed offers health and wellness solutions, including laboratory services, through our partners and affiliates. These tests are intended for wellness monitoring, information, and educational purposes, not for diagnosing or treating diseases. None of our tests are designed to be a substitute for seeking professional medical advice, help, diagnosis, or treatment. Your purchase of this product confirms your agreement to these terms. We do not ship testing kits to P.O. boxes via FedEx, and it will revert to USPS 1-3 day if a P.O. box is entered.
Automated Information
When you visit our Site, we automatically collect information from your browser or your mobile device, which includes the date and time of your visit, your Internet Protocol (IP) address or unique device identifier, domain server, your browser type, cookies and data about which pages you visit in order to allow us to operate and provide the Site and our services. This information is used to understand how you interact with the Site and to provide you with advertising and a more personalized experience. To learn more about our collection of technical data, please see the Cookies and Similar Technologies section of this Policy below.
Email Interconnectivity
If you receive email communications from us, we may use certain tools to capture data related to if/when you open our message and if/when you click on any links or banners it contains. Other information collected through this email tracking feature includes: your email address, the date and time of your “click” on the email, a message number, the name of the list from which the message was sent, a tracking URL number, and a destination page. We use this information to enhance our marketing efforts. We do not sell or distribute this information to third parties.
Feedback / Support / InquiriesIf you provide us with feedback or contact us for support or to ask us questions, we will collect your name, address, telephone number, email address, and other information needed to respond to your feedback, or request for support, or to answer your question.
Mailing List
When you sign up for one of our mailing lists, we collect your contact information, including your email address. We will not include you on any mailing list unless you sign up for the mailing list(s). You may request removal from our mailing list(s) and we will remove you from the mailing list(s) within five days of our receipt of your request.
Your Communications
When you communicate with us, we may retain your communications in order to process and respond to them, as well as to improve our services. We may use your email address to communicate with you about our services or send you periodic emails. If at any time you would like to unsubscribe from receiving future emails, you may unsubscribe at the bottom of each email.
Financial and Payment Information
If you choose to purchase goods or services from us, we may collect your name, address, telephone number, bank account number, bank routing information, and other data necessary to process payments, including credit card numbers, security codes, expiration dates, and other related billing information. By submitting your payment card information, you expressly consent to the sharing of your information with third-party payment processers and other third-party services (including but not limited to vendors who provide fraud detection services to us and other third parties).
Third Party Information
In addition to the information that we collect from you directly, we may also receive information about you from other sources, including third parties, business partners, our affiliates, or publicly-available sources.
Cookies and similar technologies
A “cookie” is a small file created by a web server that can be stored on a user’s device for use either during a particular browsing session (a “session” cookie) or a future browsing session (a “persistent” cookie). This file may include information about your internet protocol (IP) addresses, browser type, internet service provider (ISP), URLs of any referring or exited webpages, operating system, and/or date and time stamps.
We may use cookies to enable certain website functions, develop web browsing analytics, store and track your preferences, and enable the delivery of advertising and marketing, when applicable. For example, we may track the number of “hits” or visits to the Site, the most popular times of day and sections visited, and the range of devices and browsers most commonly used to view the Site.
FIRST-PARTY COOKIES
Your placement of an order does not necessarily ensure that your order will be accepted. We may require additional information regarding your order if you have not provided all the information required to be completed. Once a properly completed order and authorization of your form of payment is received, we will process your order and arrange for shipment. If, for some reason, it is determined that your Product(s) cannot be shipped within thirty (30) days following receipt of a properly completed order, we will cancel your order and advise you of such action. We do not accept orders from dealers, wholesalers or other customers who intend to resell items offered on our Site.
TYPOGRAPHICAL ERRORS AND INCORRECT PRICING
First-party cookies are set by the website you are visiting, and they can only be read by that site. Certain features of our Site may use session, permanent, and flash cookies.
“Session” cookies are temporarily stored on your hard drive and only last until they expire at the end of your browsing session or after a set time period. “Permanent” cookies remain stored on a user’s hard drive until they expire or are deleted by a user. Local stored objects (or “flash” cookies) are used to collect and store information about your preferences and navigation to, from, and on a website. Flash cookies are not managed by the same browser settings as browser cookies.
To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website at: macromedia.com/support/documentation/en/flashplayer/help/help09.html
THIRD PARTY COOKIES
You also may encounter third party cookies on the Site. Third Party Cookies are cookies that are stored on your web browser by a party other than us and may gather browsing activity (such as information you have entered or choices you have made) across numerous websites that you visit and across numerous browsing sessions. These cookies also help us to improve how the Site and services function and perform, to customize your interaction with the Site, and to provide more relevant messaging and marketing communications to you. We may be currently using third party cookies to track and analyze usage. If you wish to delete Third Party Cookies, you should adjust your browser settings as described in the “CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION” section of this Policy.
We may use a Twitter Tweet widget (Twitter Button and Twitter Syndication) at the Site. As a result, our website makes requests to Twitter’s servers for you to be able to tweet our webpages using your Twitter account. These requests may make your IP address, browser type, operating system, hardware type, internet service provider, pages visited, location, your mobile carrier, and device information (including device and application IDs) visible to Twitter, who may use it in accordance with their data privacy policy: https://twitter.com/en/privacy#update.
The Site may also use features provided by YouTube. As a result, when you visit a page with content embedded from or linked to YouTube, you are presented with cookies from YouTube. To view YouTube’s privacy policy, visit https://policies.google.com/privacy?hl=en.
The Site may use the ShareThis and/or AddThis social media cookies to allow you to share content from our Websites across your social networks such as Facebook, LinkedIn, Twitter and others. If you browse the internet while signed into a social network, that network may have the ability to collect information about the websites you are visiting, including ours. To view ShareThis' privacy policy, visit https://www.sharethis.com/privacy/. To view Addthis' privacy policy, visit http://www.addthis.com/privacy/privacy-policy.
We feature Facebook Connect, which gives you the option to post information about your activities to your profile page to share with others within your network by using a single sign-in service to authenticate your identity. You may learn more about Facebook Connect by visiting https://www.facebook.com/policy.php, where you can also find instructions for opting out of receiving advertisements.
We may use LinkedIn Widgets on the Site to allow you to share content from our Site on your LinkedIn account. LinkedIn’s privacy policy is available at https://www.linkedin.com/legal/privacy-policy.
We may use other third party cookies in addition to those expressly listed above. If you would like more detailed information about first party and third party cookies in use on or related to this Site, please contact us.
WHAT SIMILAR TECHNOLOGIES ARE IN USE AND WHY DO WE USE THEM?
Like most websites, as you navigate through and interact with the Site, we may passively collect information about your browsing activities using cookies and other automatic data collection technologies, such as Internet tags, web beacons (clear gifs., pixel tags, and single-pixel gifs), and navigational data collection (log files, server logs, etc.) in order to improve website functionality and analytics.
Web beacons: These are tiny graphics (sometimes called “clear GIFs” or “web pixels”) with unique identifiers that are used to understand browsing activity. In contrast to cookies, which are stored on a user’s computer hard drive, web beacons are rendered invisible on web pages when you open a page.
Social Widgets: These are buttons or icons provided by third-party social media providers that allow you to interact with social media services when you view a web page or mobile app screen. These social widgets may collect browsing data, which may be received by the third party that provided the widget and are controlled by third parties.
UTM Codes: These are strings that can appear in a URL (the “Uniform Resource Locator,” which is typically the http or https address entered to go to a web page) when a user moves from one web page or website to another, where the string can represent information about browsing, such as which advertisement, page, or publisher sent the user to the receiving website.
The aggregate data collected by these passive technologies typically does not target any personally identifying information, but personal information we store about you may be linked to information stored in and obtained from cookies in order to improve our marketing, analytics, or website functionality.
GOOGLE ANALYTICS AND SIMILAR TECHNOLOGIES
We may use Google Analytics and similar technologies to collect and process statistical data about the number of people using the Site and to better understand how they find and use our webpages. This does not necessarily include personally identifiable information. Any data collected is used in accordance with our Policy and Google’s privacy policy. You may learn more about Google Analytics and the performance and ad tracking cookies used by Google by visiting https://www.google.com/policies/privacy/partners/ or https://policies.google.com/technologies/ads?hl=en as well as Google's restrictions on data use by visiting the Google Privacy Policy at: https://www.google.com/policies/privacy. To opt-out of Google Analytics, visit https://tools.google.com/dlpage/gaoptout and install the opt-out browser add-on feature. For more details, visit the "Google Analytics opt-out browser add-on" page (located at https://support.google.com/analytics/answer/181881?hl=en). Google Analytics has certified compliance with the EU-US Privacy Shield Framework set forth by the U.S. Department of Commerce.
OTHER THIRD PARTY TECHNOLOGIES
Some third parties may use automated data collection technologies to collect information about you when you when you browse the Internet. The information they collect about your online browsing activities over time and across different websites and other online services may be associated with your personal information and used to provide you with targeted content. We do not control these third parties’ technologies or how they may be used. If you have any questions about targeted content, you should contact the responsible party directly or consult their privacy policies.
CHOICES ABOUT COOKIES
We provide you with choices regarding the personal information you provide to us, and we have created ways to give you control over our use of your information. Most web browsers are set by default to accept cookies. If you do not wish to receive cookies, you may set your browser to refuse all or some types of cookies or to alert you when cookies are being sent by website tracking technologies and advertising. Note that, if you decline the use of cookies, you may not have access to the full benefits of the Site.
How we use your information
We collect and use the types of personal information listed above in an effort to improve your experience on the Site, to provide services to you, and to communicate with you about the information you have requested. We may also use personal information to help us develop and improve the Site and our services. Additionally, we may use your personal information in the following ways:
To provide you with the products or services you have requested and to manage our relationship with you, including administering your account, processing payments, accounting, auditing, billing and collection and taking other steps necessary to the performance of our business relationship with you;
To present and improve the Site’s content and functionality;
To personalize your experience (your information helps us to better respond to your individual needs);
To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs);
To respond to your inquiries;
To determine user interests, needs, and preferences;
To provide notice of changes to the Site or the services and products we offer or provide through it;
To deliver services and products to you and honor our Terms of Use with you;
To conduct research and analysis;
To develop new products and services;
To manage and maintain the security of the Site and our services;
To administer a contest, promotion, survey or other site feature (we may periodically run a contest, sweepstakes, or survey relating to the Site. When we run a contest or sweepstakes relating to the Site, it will be accompanied by a set of rules. The rules for each contest/sweepstakes will specify how the information gathered from you for entry will be used and disclosed);
To market our services and products to you but only if you have given us permission to do so;
To send periodic emails or text messages including information and updates pertaining to your order. We will also use your contact information to respond to your requests or inquiries;
To help keep track of items you put into your shopping cart including when you have abandoned your cart and this information is used to determine when to send cart reminder messages via SMS.
Sharing and disclosing of your personal information
We may share your information in the following contexts:
CategoryDisclosure contexts
Subsidiaries and Acquisitions
We may share your personal information with our corporate subsidiaries and affiliates and with their respective officers, directors, employees, accountants, attorneys and agents. In addition, we may disclose your personal information in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our company assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about the Site’s users is among the assets transferred. For example, if another company acquires us, we will share your personal information with that company.
Disclosures With or Without Your Consent
We may share your personal information with other unaffiliated third parties who are not described elsewhere in this Policy and may do so without your additional consent, unless legally required to obtain separate consent. We may disclose your personal information in response to subpoenas, warrants, court orders or other legal process, or to comply with relevant laws. We may also share your personal information in order to establish or exercise our legal rights, to defend against a legal claim, to investigate, prevent, or take action regarding possible illegal activities, suspected fraud, safety of person or property or a violation of our Terms of Service.
Public. Some areas of our Websites may offer forums or provide the opportunity for users to post comments or reviews in a public forum. Please remember that any information that is disclosed in these areas becomes public information, and you should exercise caution when deciding to disclose your personal information. If you decide to submit your personal information in these areas, you do so at your own risk and acknowledge that the information will be publically-available. The information you submit, including personal information will be stored as User Information and Support.
Service Providers
We may share your personal information with our service providers that need access to your information to provide operational or other support services on our behalf. Among other things, service providers may help us to administer the Website, support our provision of services requested by you; provide technical support; send marketing, promotions and communications to you about our services; provide payment processing; and assist with other legitimate purposes permitted by law.
Aggregated Data
We may disclose aggregated information about our users, and information that does not identify any specific individual, such as groupings of demographic data and customer preferences, for new product and marketing development.
How long do we store your personal information?
We will retain your personal information as needed to fulfill the purposes for which it was collected. We will retain and use your personal information as long as necessary to comply with our business requirements and legal obligations, to resolve disputes, to protect our assets, to provide our services, and to enforce our agreements.
When we, in our sole discretion, believe we no longer have a purpose to retain your personal information, we will securely destroy your personal information in accordance with applicable law and our policies. We take reasonable steps to delete the personal information we collect if you ask us to delete your information, unless we determine that doing so would violate our existing, legitimate legal, regulatory, dispute resolution, contractual, or similar obligations. To the extent permitted by law, we may retain and use anonymous and aggregated information for performance reporting, benchmarking, and analytic purposes and for product and service improvement.
How do we protect your information?
We have put in place reasonable and appropriate security measures to protect the personal information that you share with us from being accidentally lost, used, altered, or disclosed or accessed in an unauthorized manner. From time to time, we review our security procedures to consider appropriate new technology and methods.
While our security measures seek to protect your personal information in our possession, no security system is perfect, and no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot guarantee or warrant the security of any information you transmit to or from our Site, and you do so at your own risk. We cannot promise that your personal information will remain absolutely secure in all circumstances. We are not responsible for circumvention of any privacy settings or security measures we provide.
The safety and security of your personal information also depends on you. Where you use a password for access to restricted parts of the Site, you are responsible for keeping the password confidential. Do not share your password with anyone.
Rights and choices about how we use and disclose your information
Please use the Contact Us details at the end of this Policy to exercise your rights and choices under this Policy. If you would like to manage, change, limit, or delete your personal information or if you no longer want to receive any email, postal mail, or telephone contact from us or our affiliates in the future, such requests may be submitted via the Contact Us details at the end of this Policy.
Email Opt-Out. If you no longer wish to receive communications from us via email, you may opt-out by contacting us and providing your full name, mailing address, phone number, and email address so that we may identify you in the opt-out process. Once we receive your instruction, we will promptly take corrective action.
Cookies. As discussed above, you can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of the Site may then be inaccessible or not function properly.
Disclosure of Your Information for Third-Party Advertising. We do not share your personal information with unaffiliated third parties for promotional purposes.
Updating Your Personal Information. If any of the personal information you have provided to us changes, please let us know. For instance, if your email address changes, you may wish to cancel any request you have made of us; or, if you become aware of inaccurate personal information about you, you may use the “Contact Us” details provided at the end of this Policy to update your information. We are not responsible for any losses arising from any inaccurate, inauthentic, deficient or incomplete personal data that you provide to us.
Right of Access. If required by law, upon request, we will grant reasonable access to the personal information that we hold about you.
Right to Object. In certain circumstances, if permitted under applicable law, you have the right to object to processing of your personal information and to ask us to erase or restrict our use of your personal information. If you would like us to stop using your personal information, please contact us, and we will let you know if are able to agree to your request.
Right to Erasure and Deletion of Your Personal Information. You may have a legal right to request that we delete your personal information when it is no longer necessary for the purposes for which it was collected, or when, among other things, your personal information has been unlawfully processed. All deletion requests should be sent to the address noted in the Contact Us section of this Policy. If you would like us to delete your personal information, please contact us, and we will let you know if are able to agree to your request.
We may decide to delete your personal information if we believe it is incomplete, inaccurate, or that our continued storage of your personal information is contrary to our legal obligations or business objectives. When we delete personal information, it will be removed from our active servers and databases and the Site; but, it may remain in our archives when it is not practical or possible to delete it. We may also retain your personal information as needed to comply with our legal obligations, resolve disputes, or enforce any agreements.
Right to Withdraw Consent. If you have provided your consent to the collection, processing, and transfer of your personal information, you may have the right to fully or partially withdraw your consent. To withdraw your consent, please notify us using the information in the Contact Us section of this Policy. Once we have received notice that you have withdrawn your consent, in whole or in part, we will no longer process your information for the purpose(s) to which you originally consented and have since withdrawn unless there are compelling legitimate grounds for further processing that override your interests, rights and freedoms or for the establishment, exercise or defense of legal claims. Withdrawal of consent to receive marketing communications will not affect the processing of personal information for the provision of our services.
Online Tracking. We do not currently recognize browser settings or signals of tracking preferences, which may include “Do Not Track” instructions. “Do Not Track” is a web browser setting that seeks to disable the tracking of individual users’ browsing activities. We adhere to the standards set out in this Policy and do not currently respond to “Do Not Track” signals on the Site or on third-party websites or online services where we may collect information.
California Residents. Under California Civil Code Section 1798.83, California residents who provide personal information in obtaining products or services for personal, family, or household use may be entitled to request and obtain from us once a calendar year information about the information we shared, if any, with other businesses for direct marketing uses. At present, we do not share your personal information with third parties. Please be aware that not all information sharing is covered by the "Shine the Light" requirements and only information on covered sharing, if any, will be included in our response. As part of the California Online Privacy Protection Act, all users of our site may make any changes to their information at any time by contacting us using the email in the Contact Us section below.
Third party sites
This Policy is applicable only to the Site, and it does not apply to any third party websites.
The Site may contain links to, and media and other content from, third-party websites. These links are to external websites and third parties with which we have no relationship. Because of the dynamic media capabilities of the Site, it may not be clear to you which links are to the Site and which are to external, third party websites. If you click on an embedded third-party link, you will be redirected away from the Site to the external third-party website. You can check the URL to confirm that you have left this Site.
We cannot and do not (i) guarantee the adequacy of the privacy and security practices employed by or the content and media provided by any third parties or their websites, (ii) control third parties’ independent collection or use or your personal information, or (iii) endorse any third party information, products, services or websites that may be reached through embedded links on this Site.
Any personal information provided by you or automatically collected from you by a third party will be governed by that party’s privacy policy and terms of use. If you are unsure whether a website is controlled, affiliated, or managed by us, you should review the privacy policy and practices applicable to each linked website.
Children’s online privacy protection act compliance
We are committed to protecting the privacy of children. The Children’s Online Privacy Protection Act (“COPPA”), as well as other data privacy regulations, restrict the collection, use, or disclosure of personal information from and about children on the Internet. Our Site, products, and services are not directed to children under the age of 18, nor is information knowingly collected from children under the age of 18. No one under the age of 18 may access, browse, or use the Site or provide any information to or on the Site. If you are under 18, please do not use or provide any information on the Site (including, for example, your name, telephone number, email address, and username). If we learn that we have collected or received personal information from a child under the age of 18 without a parent’s or legal guardian’s consent, we will take steps to stop collecting that information and delete it. If you believe we might have any information from or about a child under the age of 18, please contact us using the contact information provided below.
For more information about COPPA, please visit the Federal Trade Commission's website at: https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/childrens-online-privacy-protection-rule.
Privacy Officer and Complaints
We take your privacy rights seriously. If you believe your privacy rights have been violated or if you have any privacy-related complaints, you can contact our Privacy Officer:
Robert Brodsky
Privacy Officer, MadeMed Inc.
Email: privacy@mademed.com
When filing a complaint, please include:
- Your full name and contact information
- A detailed description of your privacy concern or complaint
- Any relevant dates and interactions
- Any supporting documentation
Our Privacy Officer will:
- Acknowledge receipt of your complaint
- Investigate your concern thoroughly
- Provide a response in a timely manner
- Take appropriate corrective action if necessary
- Maintain records of all privacy complaints and their resolution
You have the right to file a complaint without fear of retaliation or any negative impact on your services with MadeMed. All complaints will be handled confidentially and professionally.
Updates and changes to this policy
We reserve the right, at any time and without notice, to add to, change, update, or modify this Privacy Policy to reflect any changes to the way in which we treat your personal information or in response to changes in law. Should this Policy change, we will post all changes we make to this Policy on this page. Any such changes, updates or modifications shall be effective immediately upon posting on the Site. The date on which this policy was last modified is identified at the beginning of this Policy.
You are expected to, and you acknowledge and agree that it is your responsibility to, carefully review this Policy prior to using the Site, and from time to time, so you are aware of any changes. Your continued use of the Site after the “Last Modified” date will constitute your acceptance of and agreement to such changes and to our collection and sharing of your personal information according to the terms of the then-current Policy. If you do not agree with this Policy and our practices, do not access, view, or use any part of the Site.
Policy
