Last Updated: September 2024
Please read these terms and conditions carefully before using our service.
Welcome! Thank you for joining our grass-roots movement, we hope MediKinect helps you, and your care team, become more organized.
MediKinect includes access to the mobile application, its support, and any associated websites or software ("Services"). Your use of MediKinect is subject to these Terms of Service ("Terms"), which form an agreement between you and N Sanchez Medical Research Corporation, a Nevada 501c3 non-profit, who owns and operates MediKinect. By using Services, you agree to Terms.
Please be sure to read our Privacy Policy, a separate document, not a part of these Terms, which explains how we collect and use personal information.
In order to accept these Terms and use MediKinect you must be able to form a binding contract with MediKinect and you must not be barred from using MediKinect under the laws of your jurisdiction.
Any Information provided by Services is for informational purposes and is not medical advice. Services are not intended to be used by the customer for any diagnostic purpose and are not a substitute for professional medical advice.
MediKinect does not endorse, warranty or guarantee the effectiveness of any specific course of action, resource, diet, test, health care provider, drug, biologic, medical device, product, procedure, opinion, or any other information that may be mentioned in Services. If Services provide information based on your genetic and self-reported information, this information is intended for informational purposes only.
You agree that:
a. You understand that information from Services is NOT designed to diagnose, prevent, treat or ascertain the state of your health. You understand that Services are intended for organizational, informational and educational purposes only, and that while Services might point to a diagnosis or to a possible treatment, it should always be confirmed and supplemented by additional medical and clinical testing and information. You acknowledge that MediKinect urges you to always seek the advice of your nutritionist, physician, or other health care provider.
b. You are authorized under the laws of your jurisdiction to agree to these Terms, and Services are not banned in your jurisdiction.
c. You specifically request Services to share your medical / healthcare information that has been input in the Services database only to others that you specifically authorize.
d. You warrant that you are not an insurance company, employer, or similar, attempting to obtain information about an insured person or an employee.
e. You are aware that your data will be contributed to a big data set with the intent of making scientific discoveries for the benefit of the public.
f. You take responsibility for all possible consequences resulting from giving others access to your Information.
g. You understand that all your Personal Information will be stored in Services and will be processed in accordance with the MediKinect Privacy Policy.
h. Waiver of Property Rights: You understand that you acquire no rights in specific products or services that may be developed by MediKinect or its collaborating partners.
i. You agree that in case of breach of any one of these representations, MediKinect has the right to suspend or terminate your account and refuse any and all current or future use of Services and you will defend and indemnify MediKinect and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
In consideration of your use of the Services, you agree to: (a) provide true, accurate, current, and complete registration information about yourself as prompted; and (b) maintain and promptly update the registration Information to keep it true, accurate, current, and complete. If you provide any registration Information that is untrue, inaccurate, not current, or incomplete, or if MediKinect has a reasonable ground to suspect that such information is untrue, inaccurate, not current, or incomplete, MediKinect has the right to suspend or terminate your account and refuse any and all current or future use of the Services.
After you have downloaded MediKinect, you will create an account on your device. You are responsible for maintaining the confidentiality of the account and possession of your device, and are fully responsible for all activities that occur under your account. You will defend and indemnify MediKinect and its affiliates against any liability, costs, or damages, including attorney fees, arising out of claims or suits by such third parties based upon or relating to such access and use. You agree to immediately notify MediKinect of any unauthorized use of your account or any other breach of security. MediKinect will not be liable for any loss or damage arising from your failure to comply with this Section.
You acknowledge that you alone are entirely responsible for user content that you upload, post, email, or otherwise transmit via the Services.
You acknowledge that all content presented to you as part of Services, whether original Services content or sponsored content within the Services, is protected by copyright and/or other intellectual property rights owned by MediKinect and/or sponsors who provide that content to MediKinect (or by other persons or companies on their behalf). MediKinect grants you a Limited License to copy and distribute free of charge, for non-commercial purposes only, any of the Services content with the exception of content from noted sections of the website and any other content marked as not subject to this Limited License on the website, provided you: (i) provide the Services content as it appears on the MediKinect website with no changes including but not limited to presenting selections which might tend to misrepresent the substance of the Services content; (ii) include the following attribution on the first page of any materials you distribute: © MediKinect 2017 All rights reserved; distributed pursuant to a Limited License from MediKinect; (iii) agree you have no right to offer anyone else any further right with respect to this Services content. Aside from the Limited License provided in this paragraph, you may not modify, rent, lease, loan, sell, distribute, or create derivative works based on this Services content (either in whole or in part) unless you have been specifically told that you may do so by MediKinect or by the owners of that content, in a separate agreement.
As a condition of your use of the Services, you warrant to MediKinect that you will not use the Services for any purpose that is unlawful or prohibited by these Terms or laws of your jurisdiction. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services. Furthermore you agree not to use the Services to: (1) upload, post, email, or otherwise transmit any material that is derogatory, defamatory, obscene, or offensive, such as slurs, epithets, or anything that might reasonably be construed as harassment or disparagement; (2) impersonate any person or entity, including, but not limited to, anyone affiliated with MediKinect, or falsely state or otherwise misrepresent your affiliation with a person or entity; (3) add your own headers, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service; (4) "stalk" or otherwise harass another; (5) upload, post, email, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (6) download any file posted by another user of Services that you know, or reasonably should know, cannot legally be distributed in such manner; (7) upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of MediKinect or any other party; (8) harm minors in any way; (9) advertise or offer to sell or buy any goods or services for any business purpose, unless such area specifically allows such messages; (10) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; (11) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (12) use manual or automated software, devices, scripts robots, other means or processes to access, scrape, crawl or spider any web pages or other services contained in Services; (13) engage in framing, mirroring, or otherwise simulating the appearance or function Services; (14) attempt to or actually override any security component of Services; (15) interfere with or disrupt Services, disobey any requirements, procedures, policies, or regulations of networks related to the Services; (16) violate any code of conduct or other guidelines which may be applicable for any particular area of Services; or (17) intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations having the force of law.
Recognizing the global nature of the Internet, you agree to comply with all applicable laws regarding transmission of technical data exported from the United States or the country from which you access Services online.
MediKinect will not, at all times, control any of the user content posted on Services and, as such, does not guarantee the accuracy, integrity, or quality of such. You understand that by using the Services, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will MediKinect be liable in any way for any non-MediKinect content, including, but not limited to, any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use of any such content posted, emailed, or otherwise transmitted via the Services.
You acknowledge that MediKinect and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, review, filter, modify, refuse, or move any content that is available via the Services. Without limiting the foregoing, MediKinect and its designees shall have the right to remove any content that violates the Terms or is deemed by MediKinect, in its sole discretion, to be otherwise objectionable. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
MediKinect does not claim ownership of the content you provide via Services. You retain copyright and any other rights you already hold over your content. However, by submitting, posting, or displaying content, you give MediKinect a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use content as a part of its data set to further its mission of making scientific discoveries for the benefit of the public.
You understand that MediKinect, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your content over various public networks and in various media; and (b) make such changes to your content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services, or media. You acknowledge and agree that this license shall permit MediKinect to take these actions. You represent and warrant to MediKinect that you have all the rights, power, and authority necessary to grant the above license.
Disclosure of your content to third parties will not occur without your explicit consent, unless required by law.
You agree to defend and hold MediKinect, and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns harmless from any claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to, or transmit through the Services; your use of Services; your connection to the Service; your violation of the Terms; or your violation of any rights of another.
You agree not to distribute, license, copy, create derivative works from, modify, sell, resell, exploit, transfer, or use for any commercial purposes, all or any portion of Services, use of Services, or access to the Services.
You acknowledge that MediKinect: a) may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that content will be retained, the maximum disk space allotted, the maximum bandwidth allotted, or other technical metrics; b) MediKinect has no responsibility or liability for the deletion of or failure to store any messages, other communications, or other content maintained or transmitted by Services, or for the loss of content due to malfunction or destruction of data servers or other catastrophic events; and c) MediKinect reserves the right to change these general practices and limits in its sole discretion.
MediKinect reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that (a) modifications may result in a delay in computations for some of the MediKinect features or Services, and (b) MediKinect shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
Services may from time to time automatically download and install free updates from MediKinect. These free updates are designed to improve, enhance, and further develop Services and may take the form of bug fixes, new features, security updates, or similar. You agree to receive such free updates and permit MediKinect to deliver these to you as part of your use of the Services. If in the future MediKinect offers paid updates, features, tiers, etc., you will NOT be required to accept such updates, they will only be delivered with your explicit consent.
These Terms will continue to apply until terminated by either you or MediKinect as set out in this section.
If you want to terminate your legal agreement with MediKinect, you may do so by closing your accounts for all of the Services that you use, which will send notice to Medikinect. Or, alternately, you may notify MediKinect's customer support via chat, mail, email, or a phone call.
MediKinect may at any time terminate its legal agreement with you if: (1) you have breached any provision of the Terms or have acted in manner which shows that you do not intend to, or are unable to comply with, the provisions of the Terms; (2) MediKinect is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (3) MediKinect is no longer technically able to offer the Services to you; (4) MediKinect is transitioning to no longer providing the Services to users in the country or state in which you reside or from which you use the Services; or (5) the provision of the Services to you by MediKinect is, in MediKinect's opinion, no longer commercially viable.
Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. You acknowledge and agree that MediKinect shall not be liable to you or any third party for any termination of your access to the Services.
When the TOS come to an end, all of the legal rights, obligations, and liabilities that you and MediKinect have benefited from, been subject to (or which have accrued over time while the TOS have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation.
Your correspondence or business dealings with-or participation in promotions of-information providers, vendors, and/or resources found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such information provider or resource. You agree that MediKinect shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such information provider or resources on the Service.
The Service provides, and third parties may provide, links to other sites and resources on the Internet. Because MediKinect has no control over such sites and resources, you agree that MediKinect is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that MediKinect shall not be responsible or liable, directly or indirectly, for damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such hyperlinked site or resource.
You acknowledge and agree that MediKinect (or MediKinect's licensors, as applicable) own all legal right, title, and interest in and to the Services, including any intellectual property rights (including but not limited to patents) which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by MediKinect and that you shall not disclose such information without MediKinect's prior written consent.
You further acknowledge and agree that the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Services is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by MediKinect, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Services.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the Services.
Unless you have been expressly authorized to do so in writing by MediKinect, you agree that in using the Services, you will not use a trademark, service mark, trade name, logo of any company or organization in a way likely to cause confusion about the owner or authorized user of such marks, names, or logos.
Any rights not expressly granted herein are reserved.
MediKinect may make changes to Terms from time to time. When these changes are made, MediKinect will post updated Terms on its website. For significant changers, MediKinect may also notify you via email or an in-app notification.
You acknowledge and agree that if you use the Services after the date on which the Terms has changed, MediKinect will treat your use as acceptance of the updated Terms.
If you violate these Terms or MediKinect has a reasonable ground to suspect that you have violated the Terms, MediKinect has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
a. Entire Agreement. These Terms constitute the entire agreement between you and MediKinect and govern your use of the Services, superseding any prior agreements between you and MediKinect on this subject. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software
b. Applicable law and arbitration. Except for disputes relating to intellectual property rights, obligations, or any infringement claims, any disputes with MediKinect arising out of or relating to Services ("Disputes") shall be governed by Nevada law regardless of your country of origin or where you access MediKinect, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. Disputes shall be resolved by final and binding arbitration under the rules and auspices of the American Arbitration Association, to be held in Las Vegas, Nevada, in English, with a written decision stating legal reasoning issued by the arbitrator(s) at either party's request, and with arbitration costs and reasonable documented attorneys' costs of both parties to be borne by the party that ultimately loses. Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction.
c. Waiver. The failure of MediKinect to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If a provision of the Terms is found by a court of competent jurisdiction as invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and other provisions of the Terms remain in full force and effect.
d. Term for cause of action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Services, or the Terms, must be filed within one (1) year after such claim or cause of action arose or be forever barred.
e. Admissibility of printed version. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
f. Section titles. The section titles in Terms are for convenience and have no legal or contractual effect.
g. Severability clause. If any portion of Terms is found to be unenforceable, the remaining portion will remain in full force and effect.
h. Amendments. MediKinect reserves the right to modify, supplement or replace Terms, effective upon posting to this website. We may also notify you via email or an in-app notification for significant changes. If you do not want to agree to changes, you must cancel your account.
i. Assignment. You may not assign or delegate any rights or obligations under Terms. MediKinect may freely assign, delegate, or all rights and obligations under Terms fully or partially without notice to you.
MEDIKINECT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. (2) MEDIKINECT MAKES NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS AND (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (3) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (4) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MediKinect OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED. (5) YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. MEDIKINECT DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, MEDIKINECT SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES.WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT MediKinect SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MediKinect HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES; (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN THROUGH OR FROM THE SERVICES, (v) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (d) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (e) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (f) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; or (g) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES.
