Terms of Service
Welcome to e-Monitoring Services. By using the e-Monitoring Services website (“Service”), or any services of e-Monitoring Services, you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Please read these Terms carefully before using the Site.
As with any Website providing tools, there are rules about what you can and can't do, what we will and won't do, and what promises we do and don't make to you. Those are captured below in our Terms of Service. Please read them carefully, because we want to be sure you understand and accept them before you use or register for this Site.
About the Site
You must be at least 18 years old to use e-Monitoring Services.
You must provide accurate and complete registration information any time you register to use e-Monitoring Services.
Your login may only be used by one person. A single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows.
You are responsible for maintaining the security of your account and password. e-Monitoring Services cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You must immediately notify e-Monitoring Services of any unauthorized use of your password or account. Support [at] e-Monitoring Services [dot com].
We do not provide medical advice, diagnosis or treatment, or advice about what providers to use. The Site is an informational resource for you, and we hope a valuable one, but decisions about the management of your condition and medications for you should be made in consultation with your physician and other health care professionals, whom you choose based on your own needs.
You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account.)
Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
You understand that e-Monitoring Services uses third party vendors, carriers and hosting partners to provide the necessary hardware, software, SMS, networking, storage, and related technology required to run the Service.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, or e-Monitoring Services.
You must not transmit any worms or viruses or any code of a destructive nature.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirement of connecting networks or devices.
If your bandwidth usage exceeds 100 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by e-Monitoring Services) of other e-Monitoring Services customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
e-Monitoring Services does not warrant that (i) the service will meet your specific requirement, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected.
Payment, Refunds, Taxes, Upgrading and Downgrading Terms
A valid credit card and/or checking account are required for all accounts.
Some accounts include a free 30-day trial. If you do not cancel your account within 30 days, you will be billed monthly starting on the 30th day after your account was initially created. If you cancel prior to the processing of your first invoice on the 30th day, you will not be charged.
The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. We do not make exceptions to this policy.
Fees and any other charges for the use of the Service are described on the Site. They may change from time to time. If we change them, we will give you at least 30 days’ notice. If they do change, your continued use of the Service after the change indicates your agreement with the new fees and charges after the effective date of the change. Any changes to fees and other charges will not be applicable to the billing period in which the change occurs.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
For any upgrade or downgrade in plan level, the credit card that you provided will automatically be charged the new rate on your next billing cycle.
Downgrading your Service may cause the loss of Content, features, or capacity of your Account. e-Monitoring Services does not accept any liability for such loss.
Cancellation, Termination and Inactive Accounts
You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by logging into your account and selecting the “Account” link at the top right of most pages. Once you are on the Account page, click the “Plan/Billing” tab and click on the "cancel my account" link in the "Need to cancel your account?" section. No questions are asked.
All of your Content will be immediately deleted from the Service upon cancellation. The information can not be recovered once your account is canceled.
If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
e-Monitoring Services, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other e-Monitoring Services service, for any reason, at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. e-Monitoring Services reserves the right to refuse service to anyone for any reason at any time.
If your account is inactive for at least six months, we may deactivate your account. Deactivated accounts are not deleted – they are placed in storage and can be restored. We will notify you by email if we decide to deactivate your account. If you know in advance that your account will be inactive at some time and don’t want us to deactivate it, let us know in advance at the support email address on the website. If after your account has been deactivated it stays inactive and we don’t hear from you, we may terminate it at any time and without notice.
Changes to the Services
We may from time to time add new Services, substitute a new Service for an existing Service, change Service pricing, or discontinue an existing Service. Information about new Services will be included on the Site, and the use of new Services will be governed by these Terms of Service.
e-Monitoring Services is an electronic service and we use electronic communications to communicate with users.
We may provide required information to you via the email you provided in your Registration Data. Notices provided to you via email will be deemed given and received on the transmission date of the email.
We may post a notice in the dashboard area of your e-Monitoring Services account.
We may post the notice elsewhere on the Site in an area that is suitable to the notice. It is your responsibility to periodically review the Site for notices.
As long as you can access and use the Service, you have the necessary software and hardware to receive these notices. If you do not consent to receive any notices electronically, you must stop using the Service.
Use of Your Information
If you create, transmit, or display health or other information while using e-Monitoring Services you may provide only information that you own or have the right to use.
Content and Services Accessed Through e-Monitoring Services.
e-Monitoring Services may make third-party services available through e-Monitoring Services.
The Site may contain links to third-party websites (“Third-Party Sites”) and third-party content (“Third-Party Content”) which you use at your own risk. e-Monitoring Services does not monitor or have control over, and makes no claim or representation regarding Third-Party Content or Third-Party Sites.
Links to Third-Party Sites and Third-Party Content by e-Monitoring Services does not imply endorsement, adoption, sponsorship or affiliation.
e-Monitoring Services may run advertisements and promotions from third parties on the Site. Your business dealings are solely between you and these third party advertisers. e-Monitoring Services is not responsible or liable for any loss or damage of any sort incurred as the result of any such deals.
Use of any third-party services and reliance on this content is solely at your own risk. e-Monitoring Services may not be held liable for any damages arising out of or related to your use of any third-party service or content. Providers of these third-party services and/or content are “Licensors” of e-Monitoring Services.
Ownership, Copyright and Trademark Terms
e-Monitoring Services and its Licensors own all proprietary rights to e-Monitoring Services. e-Monitoring Services gives you a personal, revocable, non-assignable, and non-exclusive license to use e-Monitoring Services.
All contents of the Service are copyright e-Monitoring Services and/or its suppliers, 3246 W. 13th Street, Wichita, KS 67203, U.S.A. All rights reserved. Copyright and other intellectual property laws and treaties protect any software or content provided as part of the Service.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organization, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access the Service without the express written permission by e-Monitoring Services.
Not Medical Advice; U.S. Use Only
e-Monitoring Services does not offer medical advice or diagnoses. You should not make medical, lifestyle, treatment, or other health care decisions based solely on them. Any content accessed through e-Monitoring Services is for informational purposes only, and is not intended to cover all possible uses, directions, precautions, drug interactions, or adverse effects.
Always seek the advice of a qualified health care provider with any questions you may have regarding a medical condition and the use of medication. Never disregard professional medical advice or delay in seeking it because of something you find in the Site or Services or any of our other tools that may be available on the Site.
The Site and Services and other tools are dependent upon the accuracy and completeness of the information you give us or you enter. You are solely responsible for any decisions or actions you take based on the information in these tools.
Nothing stated or posted on this site or available through any services are intended to be, and must not be taken to be, the practive of medical or counseling care. For purposes of these terms of service, the practice of medicine and counseling includes, without limiation, providing health care treatment, instructions, diagnosis, prognosis or advice.
Developments in medical research may impact the tools and information that appear on this site. No assurance can be given that such tools or information contained on this site will always include the most recent findings or developments with respect to the particular material.
The Site and Services, including the information provided on the Site, are designed for and intended for users in the United States. We make no representation that the Site or Services are applicable to, appropriate for, or available to users in locations outside the United States. Accessing the Site and Services from territories where the content is illegal is prohibited. If you choose to access the Site and Services from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws.
Use of Interactive Areas of the Website
e-Monitoring Services may contain Interactive Areas such as discussion forums, bulletin boards, blogs, or review services.
You are solely responsible for your use of Interactive Areas, and use them at your own risk.
User Content submitted to any public area of the website will be considered non-confidential.
By using any Interactive Areas, you expressly agree not to post, upload, transmit, distribute, store, create or otherwise publish:
Content of a criminal nature
Content that may infringe and patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party.
Viruses, corrupted data or other harmful, disruptive or destructive files
Content that is unrelated to the topic of the Interactive Area(s)
Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, and credit card numbers
e-Monitoring Services has a “zero-tolerance” policy towards SPAM . You may not use the Interactive Areas of the Site generally to send commercial or other messages to any third-party if those messages are not solicited, authorized or welcomed by the third-party.
Changes to this Agreement
These Terms of Service govern your relationship with us. We may change these Terms of Service at any time, as we deem appropriate. If we make changes that we believe will have a material impact on your use of the Site and Services, we will let you know by sending you an email if we have a current email address for you, and by noting on the Site that the Terms of Service have been updated. If you disagree with the changes to these Terms of Service, discontinue your use of the Site and cancel your registration with us. We recommend that you print or copy any information you have stored through the Services prior to cancelling. Your ongoing use of any Service or of the Site after the changes take effect signifies your agreement to the new terms. We encourage you to review the Terms of Service regularly.
We may assign this contract at any time as part of the sale to, merger with, or other transfer of our company to another entity. We will post a notice on the Site regarding any change of ownership so that you have the opportunity to discontinue your use of the Site or cancel your registration if you do not wish to continue to use the Site and Services under the new ownership. You may not assign this contract to any one else.
Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, and suppliers, from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of the Site and the Services. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
We Make No Warranty
WE PROVIDE THE SITE AND THE SERVICES "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE." WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION GIVEN BY AN e-Monitoring Services REPRESENTATIVE SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that this contract cannot change. You use the Site and the Services at your own risk.
Limitation of Liability
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION. OUR CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITE AND SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID DURING THE PRIOR THREE MONTHS FOR THE SPECIFIC SERVICE AT ISSUE.
WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITE AND SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Applicable Law and Venue
This agreement is governed by Kansas law, excluding Kansas choice-of-law rules. THE EXCLUSIVE VENUE FOR ANY DISPUTE RELATING TO THIS AGREEEMENT IS SEDGWICK COUNTY, KANSAS. YOU AND e-Monitoring Services CONSENT TO THE PERSONAL JURISDICTION OF THESE COURTS. Nothing in this agreement limits either party’s ability to seek equitable relief.
August 11, 2010