These Terms of Use are entered into by and between you and PDL USA Inc. and its affiliated companies and licensors. PDL USA Inc., a Delaware corporation, owns and operates DiscreetCare (referred to as “Company”, “us”, “we”, and “our”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of https://discreetcare.com/, including any content, functionality, and services offered on or through https://discreetcare.com/, and any associated pages, affiliated and successor websites and corresponding social media pages, as well as any mobile applications available to you (collectively, the “Website”), whether as a guest or a registered user. These Terms of Use govern the use of the Website and our products and services offered, provided or sold through the Website, as well as any information you obtain from or provide to us, whether by telephone, messaging, email, or any other method of communication with us.

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by (1) these Terms of Use, and (2) our Privacy Policy, found at https://discreetcare.com/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use, or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, found at https://discreetcare.com/privacy-policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

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 Website or portions of it using your user name, password, or other security information. 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. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to deactivate your account with us or disable any user name, password, or other identifier, whether chosen by you or provided by us, or otherwise limit or restrict your access to the Website, 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.

Consent to Telehealth Services

This Website and its services are not intended to replace your relationship with any physician. PDL USA Inc. is not an insurance provider nor are we a prescription fulfillment warehouse. PDL USA Inc.’s role is limited to making certain telehealth related information available to you and/or facilitating your access to telemedicine and expert medical services. PDL USA Inc. is independent from healthcare providers who will be providing such telemedicine services to you through the Website and is not responsible for such healthcare providers’ acts, omissions or for any content of the communications made by them. PDL USA Inc. does not engage in the practice of medicine or provide any other health services.

• What is Telemedicine?  Telemedicine involves the use of interactive electronic communications to enable affiliated healthcare providers to provide services to patients at a distance. Providers may include physicians. As used in this policy, subject to applicable state laws and regulations, “telemedicine” refers to real-time interactive communications, store and forward communications, and remote monitoring of a patient, and generally includes the delivery of care, consultation, referral to resources, education, and the transfer of data. Except for specific communications received from a licensed healthcare provider using the services provided for on the Website, none of the information you receive through the Website should be considered medical advice.

• Your Rights.

• You have the right to refuse to participate in services delivered via telemedicine. A variety of alternative methods of care may be available to you, and you may request an explanation of those alternatives at any time. You may choose one or more alternative methods of care at any time. To the extent applicable, if you refuse to participate in certain services, assessments, evaluations, and care must be conducted in-person by appropriate clinicians.
• You have the right to be informed of all parties who will be present at each end of the telemedicine transmission.
• You have the right to select another provider, however, by selecting another provider, there could be a delay in service and the potential need to travel for a face-to-face visit.
• You have the right to withhold or withdraw your consent to the use of telemedicine in the course of your care at any time, without affecting your right to future care or treatment.
• You have the right to ask any questions about the equipment used in connection with your telemedicine services and obtain answers to your satisfaction.
• Your telemedicine consultations will not be recorded without your consent.

• How Does Telemedicine Work?

• The provider will provide services while located at a distant site. 
• Following the consultation, you will be responsible for obtaining follow-up or on-going care from your primary care provider or other specialist.
• The Company and its affiliated healthcare providers utilize secure, encrypted audio/video transmission software to deliver telemedicine services

• Expected Benefits.

• Improved access to medical care by enabling a patient to remain in his/her local healthcare site (i.e., home) while the physician consults and obtains test results at distant/other sites.
• More efficient medical evaluation and management
• Allowing you to obtain medical care and treatment by healthcare providers at times that are convenient for you.
• Enabling you to interact with healthcare providers without the necessity of an in-office appointment.
• Avoiding unnecessary travel and allowing you to obtain medical care from the comfort and privacy of your home.

• Possible Risks.  As with any healthcare procedure, there are potential risks associated with the use of telemedicine. These risks include, but may not be limited to:

• In rare cases, the transmitted information may not be sufficient (e.g., poor resolution of images) to allow for appropriate decision making by the professional.
• Delays in evaluation and treatment could occur due to deficiencies or failures of the equipment.
• In very rare instances, security protocols could fail, causing a breach of privacy of personal information.
• In rare cases, a lack of access to complete medical records and health history may result in inadequate results or other judgment errors.
• The remote nature of telemedicine practice can also increase patient risk because distant providers cannot perform comprehensive physical examinations. Without completing a hands-on examination, the provider’s ability to offer a complete and accurate evaluation of the patient’s condition may be limited.
• Given regulatory requirements in certain jurisdictions, your provider(s) treatment options, especially pertaining to certain prescriptions may be limited.

• Consent to Telehealth.  By using the Website and its services, and accepting these Terms of Use, you acknowledge your understanding and agreement to the following:

• I have read these Terms of Use carefully, and understand the risks and benefits of the use of telemedicine in the medical care and treatment provided to me through the use of the Website.
• I give my informed consent to the use of telemedicine by providers affiliated with the Company.
• I understand that the delivery of healthcare services via telemedicine is an evolving field and that the use of telemedicine in my medical care and treatment may include uses of technology not specifically described in this consent.
• I understand that while the use of telemedicine may provide potential benefits to me, as with any medical care service no such benefits or specific results can be guaranteed. My condition may not be cured or improved, and in some cases, may get worse.
• I understand that my condition may not be suitable for treatment using telemedicine, and that I may need to seek medical care and treatment in-person or from an alternative source.
• I understand that I have access to all of my health and wellness information pertaining to the telemedicine services in accordance with applicable laws and regulations.
• I understand that I can withhold or withdraw this consent at any time by emailing help@discreetcare.com.
• I agree and authorize my healthcare provider to share information regarding the telemedicine exam with other individuals for treatment, payment and healthcare operations purposes.
• I agree and authorize my healthcare provider to release information regarding the telemedicine exam to the Company and its affiliates.

• Confidentiality & Mandatory Reporting.  The laws that protect privacy and the confidentiality of personal information may also apply to telemedicine, and information obtained in the use of telemedicine which identifies you will be disclosed only in accordance with applicable laws. The electronic systems used to provide you with telemedicine services will incorporate network and software security protocols to protect the confidentiality of patient identification and imaging data and will include measures to safeguard the data and to ensure its integrity against intentional or unintentional corruption. There are both mandatory and permissive exceptions to confidentiality including, but not limited to: reporting abuse; expressed threats of violence towards an ascertainable victim; and where a patient makes his or her mental or emotional state an issue in a legal proceeding.  

• Emergencies.  In the event of an emergency, we may refer you to another provider, the emergency room, or other appropriate crisis-oriented healthcare facility in your area.

Use of Applications

We grant you a limited, non-exclusive, and non-transferable license to access, download, and use the applications, content and services, including any mobile application (each an “Application” and, collectively, the “Applications”) made available in or otherwise accessible through the Website, strictly in accordance with the Terms of Use and any additional terms and conditions we provide with respect to such features. You do not acquire any ownership interest in any Application or any content or data produced as a result of your use of such Application under this Agreement, or any other rights thereto other than to use the Application in accordance with these Terms of Use. By accessing this Website and using such applications, content, or services on the Website, you agree that you will not:

• copy any Application;
• modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of any Application;
• reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of any Application or any part thereof;
• remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from any Application, including any copy thereof;
• rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available any Application, or any features or functionality of any Application, to any third party for any reason, including by making any Application available on a network where it is capable of being accessed by more than one device at any time;
• remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting any Application; or
• use any Application in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems, or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments.

You acknowledge that when you download, install, or use an Application, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your computer or mobile device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using an Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Application is subject to our Privacy Policy, found at https://discreetcare.com/privacy-policy. By downloading, installing, using, and providing information to or through any Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

• Modify copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website or its content:

• In any way that violates, or solicits others to violate, any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that is false or misleading, or otherwise does not comply with the terms and conditions set out in these Terms of Use, as determined by the Company in its sole discretion.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee or affiliate, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
• To infringe upon or violate our intellectual property rights or the intellectual property rights of others.
• To collect or track the personal information of others.
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

We reserve the right to terminate your use of the Website, its services, or any related website for violating any of the prohibited uses.

Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law.  If you believe that any information available on the Website violates your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below.  In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512), the written notice must include substantially the following: (1) your physical or electronic signature; (2) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works; (3) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; (4) adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); (5) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; (5) a statement that the information in the written notice is accurate; and (6) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.  If you fail to comply with all of the requirements of Section 512(c) of the Digital Millennium Copyright Act, your notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the Digital Millennium Copyright Act. It is the policy of the Company to terminate the user accounts of repeat infringers.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. 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 Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. 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.

Changes to the Website and Applications

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates“). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy, found at https://discreetcare.com/privacy-policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Online Purchases and Other Terms and Conditions of Sale

Prices for the products or services offered through our Website are subject to change without notice. We reserve the right at any time to modify or discontinue any products or services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of your use of the services.

We reserve the right, but are not obligated, to limit the sales of the products or services offered through our Website to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of products are subject to change at any time without notice, in our sole discretion. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the products or services will be corrected. The product packaging may not be the same as what appears on our Website.

We reserve the right to refuse any order you place through our Website. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to pay all fees due for services requested. You agree to provide current, complete and accurate purchase and account information for all purchases made through the Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

All purchases through our Website or other transactions for the sale of goods, or services, or information formed through the Website, or resulting from visits made by you, are governed by these Terms of Use. Additional terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use. For more detail about the sale, purchase, or return of goods or services, and any related terms and conditions please contact us at help@discreetcare.com.

Linking to the Website and Social Media Features

You may link to our 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.

This Website may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on this Website.
• Send emails or other communications with certain content, or links to certain content, on this Website.
• Cause limited portions of content on this Website 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, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Link to any part of the Website other than the homepage.
• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the terms and conditions set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. 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.

Third-Party Links and Materials

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Additionally, certain Applications may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials“). You acknowledge and agree that the Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. The Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

Geographic Restrictions

The owner of the Website is based in the State of Delaware in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE (INCLUDING, BUT NOT LIMITED TO, ANY APPLICATION) IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE (INCLUDING, BUT NOT LIMITED TO, ANY APPLICATION) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR ANY APPLICATION. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE (INCLUDING, BUT NOT LIMITED TO, ANY APPLICATION) WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE (INCLUDING, BUT NOT LIMITED TO, ANY APPLICATION) WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS 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 WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE (INCLUDING, BUT NOT LIMITED TO, ANY APPLICATION)  OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PROPERTY DAMAGE, 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, COMPUTER FAILURE OR MALFUNCTION, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its parent, subsidiaries, affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Termination

These Terms of Use will remain in full force and effect as long as you continue to access or use the Website or the Company’s services. You may terminate these Terms of Use at any time by discontinuing use of the Website. Your permission to use the Website automatically terminates if you violate these Terms of Use. The Company may also terminate or suspend any of the rights granted by these Terms of Use and your access to and use of the Website or services with or without prior notice, for any reason, and at any time. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Use for all purposes. 

After such termination, the Company will have no further obligation to provide the services, except to the extent any affiliated healthcare provider is obligated to provide you access to your health records or is required to provide you with continuing care under applicable legal, ethical and professional obligations to you. You agree that if your use of the Website is terminated pursuant to these Terms of Use, you will not attempt to use the services in any way, and further agree that if you violate this restriction after such termination, you will indemnify and hold the Company harmless from any and all liability that it may incur therefrom.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At the Company’s sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, our Privacy Policy, and any policies or operating rules posted by us on this Website or in respect to the services constitute the sole and entire agreement between you and the Company, its affiliates, and licensors regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Your Comments and Concerns

This Website is operated by PDL USA Inc., 5608 17TH Ave NW, #1216, Seattle, Washington 98107.

All notices of copyright infringement claims should be sent to the following copyright agent designated to receive such notices: 

Legal Counsel
PDL USA Inc.
5608 17TH Ave NW, #1216
Seattle, Washington 98107

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: help@discreetcare.com.