Patient Terms of Use

MEDICI PATIENT TERMS OF USE

Last updated: December, 2016

Welcome to Medici, an electronic communication platform for Healthcare Providers and their patients, operated by Medici Technologies, LLC (“Medici”, “us”, “our”, and “we”). Medici provides a website located at www.medici.md (the “Site”), mobile applications (“Mobile Apps”), and services provided through the Mobile Apps (“Services”).

These terms and conditions of use (this “Agreement”) set forth the legally binding terms for your use of the Site and Services. By indicating your agreement and accessing or using the Site and Services, you are accepting this Agreement and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement. If you do not agree with all of the provisions of this Agreement, do not access and/or use the Site and Services. You may not access or use the Site or Services or accept the Agreement if you are not at least 18 years old.  Please consult our Privacy Policy for a description of our privacy practices and policies, including how we collect and handle personal health information and financial information.

NOTE: THIS AGREEMENT CONTAINS A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH MEDICI. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

Our Services

We offer an online communication platform for Healthcare Providers and their patients (“Patient Users”) to connect via the Mobile App through the use of interactive video, audio and other telecommunications technology. The Mobile App facilitates communication between Patient Users and Healthcare Providers. Our Services are not intended to be used in medical emergencies or situations requiring a hands-on or immediate response or treatment. If you are experiencing a medical emergency, please call 9-1-1.

Medici Does Not Provide Healthcare Services or Advice

The Medici platform serves only as a technology enabler for the virtual care services your Healthcare Provider chooses to provide you. Your Healthcare Provider must have a separate agreement and provider-patient relationship with you and Medici is not a party to such agreement or provider-patient relationship. Healthcare Providers are solely responsible for keeping confidential all information provided by the Patient Users.

All of the Healthcare Providers who deliver services to you through Medici are independent professionals solely responsible for the services each provides to you. The Healthcare Providers are not employees of Medici. Medici does not practice medicine or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession by Healthcare Providers, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither Medici nor any third parties who promote the Services or provide you with a link to the Service will be liable for any professional advice you obtain from a Healthcare Provider via the Services. Medici does not endorse any Healthcare Provider using our Services.

The Mobile App is designed solely to help you share information with your Healthcare Provider. It is not a service for the diagnosis, management or treatment of any illness, medical condition or disease. Any information generated from use of the Mobile App should not be treated as a substitute for the medical advice of your Healthcare Provider. The Mobile App is not designed to be an emergency alert system. Reminders and alerts are not substitutes for remembering to take medications or obtaining a diagnosis directly from your doctor or health care professional. If you have concerns about your health or the use of the Mobile App, you should consult your Healthcare Provider immediately.

The information on Healthcare Providers may include profiles, reviews, comments, etc. that is made available by Medici or by the Healthcare Providers themselves. Medici has taken reasonable steps to ensure the correctness of this information, but does not recommend or endorse any particular Healthcare Provider. Medici is not responsible for any services, advice, acts or omissions of Healthcare Providers. Patient Users are solely responsible for making decisions on the choice of these providers for their personal health needs.

Medici Services can be used only by licensed medical Providers and/or medical establishments with the necessary licenses and approvals to provide healthcare services to patients. It is the sole responsibility of the Healthcare Providers to ensure that they are in possession of the necessary licenses required for all the services that they provide and the necessary healthcare personnel and resources required to support such services are available. Medici is not responsible for ensuring that Healthcare Providers licenses and insurance are up to date.

Any disputes between Healthcare Providers and the Patient Users will be dealt with by Healthcare Providers directly. Medici will not be responsible for resolving and will not get involved in such disputes. Patient User agrees to release Medici of all/any claims between you and your Healthcare Providers and/or any other third party.

Privacy Policy

Medici respects the privacy of its Service users. Please refer to the Medici’s Privacy Policy (found here: www.medici.md/privacy) which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you expressly acknowledge that you have read and understood and agree to our Privacy Policy.

Any information posted on Medici by you, including personally identifiable information, is made voluntarily and are subject to Medici’s Privacy Policy. You are responsible for the information you post and you agree to, at your sole expense, defend, indemnify and hold Medici harmless from any damages, losses, costs, or expenses which Medici may incur as a result of information you post.

 

Third Party Access. You may be able to enable individuals that you trust, such as family caregivers, or other third parties to independently access and receive reminders and alerts relating to your care or other information that is collected by your use of the Mobile App. You may also terminate these individuals’ or third parties’ access at any time and their access will automatically terminate upon termination of this Agreement. Every User is responsible for ensuring that each individual or third party understands and complies with this Agreement and has read the Privacy Policy. You are responsible for ensuring that the individual or third party maintains the confidentiality of your information and you are responsible for all activities that occur as a result of their access. You agree to notify Medici immediately (at support@medici.md) of any known or suspected unauthorized use, access, disclosure of the information in your account. You agree that Medici will not be liable for any loss or damage arising from your failure to comply with these requirements. Medici reserves the right to terminate access of any caregiver or other third party for any reason in its sole discretion.

 

Accounts

Account Creation. In order to use certain features of the Services, you must register for an account with us (“your Account”) and provide certain information about yourself as prompted by the registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions provided in the Mobile App. We may terminate your Account in accordance with the Terms and Termination section of this Agreement. You may reopen your Account or request access to Account information any time. Medici will maintain your Account information for 7 years from the time of your last Account use.

Use of Services by Children. The Services are available for use by children, but the Account User for all patients under the age of 18 must be the patient’s parent or legal guardian. If you register as the parent or legal guardian on behalf of a minor, you will be fully responsible for complying with these Terms of Use.

Use of Services as Caregiver.  If you are managing the care from someone else on Medici, such as a child, parent, or adult neighbor, you can communicate on Medici as a “Caregiver”. Caregivers’ must have permission from the patient, or permission from someone acting on the  patient’s behalf, such as a home health worker. HIPAA specifically permits covered entities to share information that is directly relevant to the involvement of a spouse, family members, friends, or other persons identified by a patient, in the patient’s care or payment for health care.”  The only exception is if the patient objects.
Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Electronic Communications

You consent to receive communications from us electronically. You agree that all agreements can be entered into and signed electronically in accordance with applicable law, and all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notice or other communications be in writing.

Mobile Apps

We will make available a Mobile App to access the Services via a mobile device. To use our Mobile App you must have a mobile device that is compatible with the Mobile App. We do not warrant that the Mobile App will be compatible with your mobile device. We grant to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile App for one registered account owned solely by you, for your personal and non-commercial use.

You may not: a) modify, disassemble, decompile or reverse engineer the Mobile App; b) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile App to any third-party; c) make any copies of the Mobile App; d) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile App, features that prevent or restrict use or copying of any content accessible through the Mobile App, or features that enforce limitations on use of the Mobile App; or e) delete the copyright and other proprietary rights notices on the Mobile App.

You acknowledge that we may from time to time issue upgraded versions of the Mobile App, and may upgrade automatically to your mobile device the version of the Mobile App that you are using. You consent to such automatic upgrading and agree that this Agreement will apply to all such upgrades. We may elect to provide you with support or modifications for the Mobile App (“Support”), in our sole discretion, and we may change, reduce or terminate such Support at any time without notice to you. We reserve the right to charge fees for Support. Any use of third- party software provided in connection with the Services will be governed by such third parties’ licenses and not by this Agreement.

App Stores. You acknowledge and agree that the availability of the Mobile Apps is dependent on the third party websites from which you download the Mobile Apps, e.g., the App Store from Apple or the Android app market from Google (each an “App Store”). You acknowledge that this Agreement is between you and Medici and not with an App Store or provider of the App Store. Each App Store may have its own terms and conditions to which you must agree before downloading Mobile Apps from it.  You agree to comply with, and your license to use the Mobile Apps is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of this Agreement, the more restrictive or conflicting terms and conditions in this Agreement apply.

Payment Terms

Patient User agrees to pay all fees or charges to your Healthcare Provider in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. By providing Medici with your payment information, you agree that Medici is authorized to immediately charge your Account for all fees and charges due and payable to your Healthcare Provider and that no additional notice or consent is required.

Medici, on behalf of your Healthcare Provider, reserves the right to modify or implement a new pricing structure at any time prior to billing you for your initial payment or for future payments due pursuant to this Agreement.

You are responsible for all fees, including taxes, associated with your use of the Service. You are responsible for providing us with a valid means of payment. You must keep current payment information on file with Medici and your account must be adequately funded to pay for any services rendered. By agreeing to these terms, you are giving Medici permission to charge your approved methods of payment for fees that you authorize Medici to satisfy.

If you have a dispute concerning any payment transaction, please contact our Support department. If, at any time, you contact your bank or credit card company to reject the charge of any payable Fees (“Chargeback”), this act will be considered a breach of your payment obligations, and we reserve the right to automatically terminate your use of the Services. We reserve the right to dispute any Chargeback and take all reasonable action to authorize the transaction. In the event of a Chargeback, your User Account may be terminated and any files, data, or content contained in your Account may be subject to cancellation. Medici will not be liable for any loss of files, data, or content as a result of a Chargeback. In order to resume use of the Services, you must re-subscribe for the Services and pay all applicable fees for the Service as well as any fees incurred by us or our payment processor as a result of the Chargeback.

Rights and Licenses

License to Use Site. We grant you a non-transferable, non-exclusive, right to access and use the Services for your personal use.Site Access, Security and Restrictions; Passwords. 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; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (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.
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. Medici 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.
In the event access to the Site or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by Medici. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. You agree to defend, indemnify and hold Medici harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Medici arising out of your breach of these Terms of Use or violation of applicable law, your use or access of the Site, or access by anyone accessing the Site using your user ID and password.

 

Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you will not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (b) you will not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (c) you will not access the Services in order to build a similar or competitive service; and (d) except  as expressly stated in these terms, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Services will be subject to the terms of this Agreement.

Modification. We reserve the right, at any time, to modify, suspend, or discontinue the Services with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services, except and if otherwise expressly set forth in this Agreement.

No Support or Maintenance. You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with the Services or the Mobile App.

Ownership of the Services. Excluding your User Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services, including the Site and Mobile App, are owned by us or our licensors. The provision of the Services does not transfer to you or any third party any rights, title or interest in or to the intellectual property rights. We reserve all rights not granted in this Agreement.

User Content

User Content. “User Content” means any and all information and content that a user submits to or posts on: (a) the Services, (b) the Site, (c) the Mobile App, or (d) on social networking sites where we have a page or presence. While you will own your User Content, you agree that any User Content provided by you in connection with the Services, Site, Mobile App, or social networking sites is provided on a non-proprietary and non-confidential basis, except for your personal healthcare and medical information. Medici agrees to use any personally identifiable information contained in any of your User Content in accordance with its Privacy Policy. You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. We reserve the right to remove any User Content from the Service, Site, Mobile App or social networking sites at our discretion.

The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:

  •       You are solely responsible for your Account and the activity that occurs while signed in to or while using your Account;
  •       You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content;
  •       You will abide by our Acceptable Use Policy below; and
  •       You affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Use, remove any and/or all of your submissions, and terminate your Account with or without prior notice.

You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. We are not responsible for any public display or misuse of your User Content. We do not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service within the scope of our Privacy Policy and HIPAA privacy practices. Those prohibitions do not require Medici to monitor, police or remove any User Content or other information submitted by you or any other user.

Acceptable Use Policy. Your permission to use the Services is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:

  •       post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
  •       use the service for any unlawful purpose or for the promotion of illegal activities;
  •       attempt to, or harass, abuse or harm another person or group;
  •       use another user’s account without permission;
  •       provide false or inaccurate information when registering an account;
  •       interfere or attempt to interfere with the proper functioning of the Service;
  •       make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
  •       bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or
  •       publish or link to malicious content intended to damage or disrupt another user’s browser or computer.

This list of prohibitions provides examples and is not complete or exclusive. Medici reserves the right to (a) terminate access to your account, your ability to post to this Site, the Mobile App, or use the Services and (b) refuse, delete or remove any User Content; with or without cause and with or without notice, for any reason or no reason, or for any action that Medici determines is inappropriate or disruptive to this Site or Mobile App or to any other user of this Site, Mobile App, and/or Services. Medici may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Medici’s discretion, Medici will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site, Mobile App, or on the Internet.

License. You hereby grant to Medici a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license to your User Content, but not including any identifiable personal healthcare or medical information, (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute your User Content, or any portion thereof, for any lawful purposes, including marketing, advertising and other commercial purposes, in any form, medium or distribution method now known or hereafter existing, known or developed, and authorize others to use your User Content. We may modify or adapt your User Content in order to transmit, display or distribute them over computer networks and in various media and/or make changes to your User Content as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

Feedback. If you provide us any feedback or suggestions regarding the Services (“Feedback”), you assign to us all rights in the Feedback and agree that we will have the right to use the Feedback and related information in any manner we deem appropriate.  We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.

Indemnity. You agree to indemnify and hold us (and our officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, Site, or Mobile App, (b) your User Content, (c) your violation of this Agreement; or (d) your violation of applicable laws or regulations. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent.  We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Links to Other Sites and/or Materials

Third Party Sites, Ads and Ad Networks. As part of the Service, we may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Service subscribers. We have no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

Release. You release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injury, death, and property damage), known or unknown, that relates to or has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Service users, including caregivers, or Third Party Sites & Ads, including your acts or omissions based on use of the Mobile App, including without limitation any reliance on reminders or alerts or interactions with your Healthcare Provider, caregiver, or other third party. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

Disclaimers

THE SERVICES, INCLUDING THE MOBILE APP AND THE SITE, ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES: (a) WILL MEET YOUR REQUIREMENTS; (b) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (c) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.

Limitation on Liability

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL MEDICI, OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE, MOBILE APP, OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.  TO THE EXTENT MEDICI MAY NOT, AS A MATTER OF LAW, DISCLAIM ANY LIABILITIES OR LIMIT WARRANTIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.  DAMAGES WILL BE NO MORE THAN THE FEES PAID BY YOU TO MEDICI, IF ANY, DURING THE LAST 3 MONTHS OF YOUR USE OF THE SITE AND SERVICES.

Term and Termination

We may (a) suspend your rights to use the Site and/or Services (including your Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any violation of this Agreement. Upon termination of this Agreement, your Account and right to access and use the Services will terminate immediately. We will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Account. Upon termination of this Agreement, all of the provisions will terminate except those that by their nature should survive.

Geographical Restrictions

Medici makes no representation that all products, services and/or material described on the Site, or the Services available through the Site, are appropriate or available for use in locations outside the United States or all territories within the United States.

Copyright Policy

We respect the intellectual property of others and ask that users of our Site and Services do the same. In connection with our Site and Services, we have adopted and implemented a policy respecting copyright laws that provide for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

  •       your physical or electronic signature;
  •       identification of the copyrighted work(s) that you claim to have been infringed;
  •       identification of the material on our Services that you claim is infringing and that you request us to remove;
  •       sufficient information to permit us to locate such material;
  •       your address, telephone number, and e-mail address;
  •       a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
  •       a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

Our designated Copyright Agent is: Medici Technologies, LLC

Attn: Privacy Officer

Contact:  2711 Centerville Rd, Ste 400

Wilmington DE 19808

Submitting a DMCA Counter-Notification

We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to Medici’s designated agent that includes all of the following information:

  •       Your physical or electronic signature;
  •       Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  •       A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  •       Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Medici may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Legal Disputes

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND MEDICI HAVE AGAINST EACH OTHER ARE RESOLVED.

You and Medici agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the Medici Terms of Use Agreement, your use of or access to the Services will be resolved in accordance with the provisions set forth in this Legal Disputes Section.

Choice of Law. This Agreement is made under and will be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles that provide for the application of the law of another jurisdiction.

Agreement to Arbitrate

You and Medici each agree that any and all disputes or claims that have arisen or may arise between you and Medici relating in any way to or arising out of this or previous versions of the Terms of Use Agreement, your use of or access to Medici’s Services, or any services sold, offered, or purchased through Medici’s Services shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court in New Castle County, Delaware if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.

The arbitration will be conducted by JAMS Arbitration (“JAMS”) under its applicable rules and procedures, as modified by this Agreement to Arbitrate. The arbitration will be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes.  Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury.  Arbitrator decisions are as enforceable as any court order and are subject to very limited review by the court.

You and we must abide by the following rules: (a) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE   PROCEEDING;

(b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF, (c) the arbitrator will honor claims of privilege and privacy recognized at law; (d) the arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (e) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law;  and

(f) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and then in such instance, the fees and costs awarded will be determined by the applicable law.

With the exception of subparts (a) and (b) in the paragraph above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.  If, however, either subpart (a) or (b) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision will be null and void, and neither you nor we will be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute will be exclusively brought in state or federal court in Wilmington, Delaware.

Exclusions from Arbitration/Right to Opt Out

Notwithstanding the above, you or Medici may choose to pursue a claim or dispute in court and not by arbitration if (a) the claim or dispute qualifies, it may be initiated in small claims court; or

(b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt out of this Section (Legal Disputes) by mailing written notification to Medici Technologies, LLC, 2711 Centerville Road, Suite 400, Wilmington, DE 19808, or support@medici.md. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with Medici through arbitration. Your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with Medici.  Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your claim or dispute in arbitration or small claims court.

Jury Waiver

You understand and agree that by entering into this Agreement you and Medici are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Section (Legal Disputes), you and Medici might otherwise have had a right or opportunity to bring claims or disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided herein, those rights are waived.  Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.

Continuation

This Section (Legal Disputes) shall survive the termination of this Agreement with Medici or its affiliates. Notwithstanding any provision in this Agreement to the contrary, we agree that if Medici makes any change to this Section (Legal Disputes) (other than a change to the notice address), you may reject any such change and require Medici to adhere to the language in this Section (Legal Disputes) if a claim or dispute between us arises.

General

Changes to Agreement. This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our Site. Any significant changes to this Agreement will be effective 30 days after posting such notice. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice.

Copyright/Trademark Information. Copyright © 2015 Medici Technologies, LLC. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

Contact Information: Medici Technologies, LLC

Address: 600 Congress Ave., 16th Floor, Austin, TX 78701

Email: support@medici.md