Terms of Service

Symptify.com, LLC

You have accessed Symptify.com. Welcome!

Before you use the site or smartphone application, you should familiarize yourself with these Terms of Use. Symptify.com (also referred to as "Symptify", "the website" or "the site"), refers to both the website and smartphone application, unless otherwise specified. By using Symptify, you agree to abide by the Terms of Use. If you do not agree to any part of the Terms of Use as stated, you should exit this page and NOT access Symptify. Symptify.com, LLC may revise and update these Terms of Use at any time. By accessing the website and utilizing its content and/or content offered by third parties, you acknowledge that you have accepted any and all changes that are made to the Terms of Use. You can always access the most updated Terms of Use on the Symptify.com webpage.

Symptify.com has been created for informational purposes only, and its content should NOT be regarded as a substitute for the evaluation, diagnosis, advice and/or treatment of trained medical professionals. By utilizing Symptify, you agree that you understand that you are in no way establishing a physician-patient relationship with any physician or other type of healthcare provider. Any decision that you make about your health is your responsibility. By using this site, you agree that neither Symptify.com nor any of its affiliates or third party payers will be held liable for decisions that you make about your health. In particular, you agree that you are fully responsible for any decision that you make about your health, regardless of whether or not your decision is based on the health-related content of the site. If you feel you have a medical emergency or a serious medical condition, you should seek the immediate advice of a physician or call 911.

Content

By agreeing to the Terms of Use, you acknowledge that the content of the website is copyright protected, and you consent to following the copyright laws under United States law. Furthermore, you agree to the following: 1) not to view or download more than one copy of the website content; 2) your use of the content on the site is solely for personal use and not for commercial purposes; 3) any downloaded copy of the material will clearly contain "©2013, Symptify.com, LLC. All rights reserved."

Ownership of the content belongs to Symptify.com and is copyright protected under United States law. As such, if the content is used in any manner that is not explicitly stated in the Terms of Use, the user is violating copyright and other related laws. Any violation of the Terms of Use will subject you to US law and will result in immediate discontinuation of permission to access the site or its contents or to use them for any reason or purpose.

Liability

Symptify.com, LLC, disclaims responsibility for warranties, either expressed or implied, inclusive of warranties of precision, accuracy, fitness for particular purpose, or merchantability. Furthermore, by using this site, you agree that the responsibility for any damage or liability that you may incur as a result of using the website rests solely on you. In other words, use of the website is at your own risk.

Symptify.com, LLC avows itself of responsibility for any errors or any technological or other delays or interruptions in functioning.

Symptify.com and its affiliates may not be held liable under any provision of this agreement for any damages - consequential, special, exemplary or indirect, or for any other damages other than direct damages, resulting from use of the website or inability to access the website, whether based on contract, warranty, tort, or any other legal theory, even if Symptify.com and/or its affiliates know that other damages are possible. The limitations in this section apply to you only to the extent that they are lawful in your jurisdiction. Furthermore, Symptify.com and its affiliates shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $100. Symptify.com, its licensors, its suppliers, or any third parties mentioned on the Symptify.com Site are not liable for any personal injury, including death, caused by your use or misuse of the Site or Content. Any claims arising in connection with your use of the website or its content must be brought within one year of the date of the event giving rise to such action occurred. Remedies under these Terms of Use are limited to those expressly provided for in this document.

Emergency Medical Treatment and Labor Act

The Emergency Medical Treatment and Labor Act (EMTALA) is a complex law established in the United States in 1986, which ensures that any person who requires emergency healthcare will be able to receive a medical screening examination in hospital emergency departments (and some other health care centers), regardless of citizenship, legal status or ability to pay. Further, the law ensures that if a medical emergency does exists, the hospital will have the obligation to provide appropriate care to the patient. The requirements and details of the law are beyond the scope of this document, and you should seek private legal counsel for a complete interpretation of the law. What should be clearly stated here and understood by the user is that Symptify.com is not a part of the EMTALA screening process. In no way does this site participate in the screening of and/or triage of patients in a hospital. The information gathered and transmitted is not part of the medical assessment of the user nor is it the property of the hospital or any other health care facility. The screening process that falls under EMTALA begins when a patient presents in person to the hospital.

Because hospitals and other healthcare facilities on Symptify.com may not all fall under the requirements of EMTALA, responsibility to determine the EMTALA obligations of the facility fall on the user. By using Symptify, you acknowledge that Symptify is not subject to the application of EMTALA, AND you agree that you will not seek a private right of action against Symptify with relation to any breach of EMTALA or other malpractice on the part of any hospital or other healthcare facility.

Information Related to Third-Party Providers

The website utilizes information and content from Third-Party Providers and other partners and advertisers who may offer third-party products or services. The Applications may also provide links to third-party websites as a paid service to Third-Party Providers. However, you should be aware that Symptify.com does not assume responsibility for monitoring or censoring/endorsing Third-Party messages, products and/or services.

Jurisdiction

Symptify.com is run and operated from within the United States, and the company and website are subject to the laws of the United States (not of any state, other country or territory). The website is designed to work within the United States only.

Jurisdiction for any and all disputes with Symptify.com or your use of the site resides in the courts of the State of Florida. If you use the site, you agree that these Terms shall be construed in accordance with the laws of the State of Florida without regard to its conflict of laws provisions.

If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will not affect the validity and enforceability of any remaining provisions.

Submitted Information

Symptify.com will prompt you to provide information. Your privacy will be protected as stated in the Privacy Policy. By using the site, you agree to provide accurate, complete, honest information and to keep your information updated regularly. Any inaccurate or misleading information may result in the forfeiting of your right to use the website and its content.

Passwords

Symptify.com enables you to store personal information onto the site. You are responsible for ensuring that no other individuals access your password or account; specifically, you agree to make all reasonable steps to protect your personal information, including preventing distribution of and access to your username and password and notifying Symptify.com immediately if you discover that there has been a breach of your privacy on the site. You can contact Symptify.com by clicking the "Contact Us" button on the home page.

Indemnity

You agree to defend, indemnify and hold harmless Symptify.com and its affiliates, and its and their officers, directors, employees, agents and licensors from and against all claims, actions, liabilities, losses, expenses, damages and costs (including reasonable attorneys' fees) arising out of or related to your use of the website or any violation of these Terms of use by you.