IMPORTANT!!! THE SERVICE IS INTENDED SOLELY AS A TOOL TO ASSIST YOU IN ORGANIZING, UNDERSTANDING AND MANAGING HEALTHCARE-RELATED INFORMATION. THE SERVICE IS NOT INTENDED TO PROVIDE HEALTH OR MEDICAL ADVICE. THE SERVICE IS NOT INTENDED TO (AND DOES NOT) CREATE ANY PATIENT RELATIONSHIP BETWEEN MANGO HEALTH AND YOU, NOR SHOULD IT BE CONSIDERED A REPLACEMENT FOR CONSULTATION WITH A HEALTH CARE PROFESSIONAL. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY SEEKING MEDICAL ADVICE BECAUSE OF SOMETHING YOU HAVE READ ON THE SERVICE OR THE RESULTS YOU RECEIVE THROUGH THE SERVICE.
IN ADDITION, YOU UNDERSTAND AND AGREE THAT IN PROVIDING THE SERVICE WE RELY ON A NUMBER OF THIRD PARTY PROVIDERS, INCLUDING FOR PURPOSES OF SENDING PUSH NOTIFICATIONS, AND HEREBY DISCLAIM ANY LIABILITY WITH RESPECT TO THE SERVICES PROVIDED BY SUCH PROVIDERS. YOU SHOULD NOT RELY ON THE SERVICE FOR ANY LIFE-THREATENING CONDITION OR ANY OTHER SITUATION WHERE TIMELY ADMINISTRATION OF MEDICATIONS OR OTHER TREATMENT IS CRITICAL.
Mango Health allows you to access and use the Service through our mobile and web-based apps and our site (each an “App”). Via the Services, we offer, among other things, a convenient way to set reminders for prescription medications (“Medications”) and nutritional supplements (“Supplements”), to receive alerts about drug interactions, side effects and recalls based on the Medications you enter into the system, as well as the opportunity to participate in our Gift Program, as described below. You must be at least 18 years of age in order to download and/or use the App.
As long as you comply with these Terms, you have the right to download and install a copy of the App to your mobile device, and to access and use the Service, for your own personal use. You may not: (i) copy, modify or distribute the App for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the App or the Service to any third party; (iii) decompile, reverse-engineer, disassemble, or create derivative works of the App or the Service; (iv) make the functionality of the App or the Service available to multiple users through any means; or (v) use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.
The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:
Our Service may change from time to time and/or we may stop (permanently or temporarily) providing the Service (or features within the Service), possibly without prior notice to you. Our Service may include advertisements, which may be targeted to the content or information on the Service, queries made through the Service, or from other information. The types and extent of advertising on the Service are also subject to change over time. In consideration for providing you the Service, you agree that we and our third party providers and partners may place advertising on our Service or in connection with the display of content or information on our Service, and that we may receive remuneration for placing such advertising.
We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or that violates our Terms or if you have created more than one Account.
You are responsible for maintaining the confidentiality of your password and Account, and agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for activities that occur under your Account.
Our Service allows you and other users to post, link, store, share and otherwise make available certain information, images, videos, text and/or other content ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness. By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, sell and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.
You can remove Content that you posted by specifically deleting it. In certain instances, however, some Content (such as posts or comments you make) may not be completely removed and copies of your Content may continue to exist on the Service and/or elsewhere. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any Content on the Service.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
We ask that you respect our Service and third parties when posting Content and using the Service. When submitting Content to or otherwise using the Service, you agree not to:
This list is an example and is not intended to be complete or exclusive. We don’t have an obligation to monitor your access to or use of the Service or to review or edit any Content, but we have the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any Content, that we consider, in our sole discretion, to be in violation of these Terms or otherwise harmful to the Service.
We also reserve the right to suspend or terminate your Account and your use of the Service at any time in case of violation by you of these Terms or if Mango Health discontinues providing the Service for any reason.
In connection with the Service, we may make available a user gift program (the “Gift Program”), where you can become eligible to be entered into weekly drawings (“Drawings”) to receive gift cards, charity donations and other items (collectively, “Gifts”) in connection with your accrual of points that you may earn by using the Service (“Mango Points”). Mango Points can be accumulated by engaging in certain actions via the Service, such as when you take your Medications and Supplements on schedule.
We reserve the right to determine, in our sole discretion, whether a particular action qualifies for Mango Points. After accumulating Mango Points, you will be automatically entered into a weekly drawing for a Gift based upon your Mango Point level (see the section titled “Drawings” below for more information). Please note that you may be required to provide additional information to Mango Health or a third party merchant in order to redeem certain Gifts, and processing fees may also be applicable to Gift redemption.
We will use reasonable efforts to ensure that your Mango Points are viewable via your Account within 7 days from accrual. You should contact us if it has been more than 7 days and the Mango Points have not been applied to your Account. We may also, at our discretion, delay any Gift redemption or Mango Point accrual in order to validate or verify your actions via the Service.
You acknowledge and agree that:
Mango Health reserves the right to modify or discontinue the Gift Program, or any Gifts and Mango Points related thereto. If you have any questions, please contact us.
As noted above, a user can become eligible to be entered into Drawings for the chance to receive Gifts via the Service based upon the number of Mango Points such user earns in connection with his or her use of the Service. The following terms and conditions apply to such Drawings:
Mango Points are digital items only, and regardless of the terminology used, have no cash value and may never be redeemed for “real world” money. Your right to use any Mango Points that you obtain is limited to a non-exclusive, non-transferable, non-sublicenseable, revocable right to use such Mango Points solely in connection with our Gift Program (as described above). Except for the limited rights described herein, you have no property interest or right or title in or to any such Mango Points, which remain the exclusive property of Mango Health. The scope, variety and type of Mango Points that you may obtain can change at any time. Mango Health has the absolute right to manage, regulate, control, modify or eliminate such Mango Points as it sees fit in its sole discretion, and Mango Health will have no liability to you or any third party for the exercise of such rights.
Except where explicitly authorized within the Service, (i) transfers of Mango Points are strictly prohibited; (ii) outside of the Service, you may not buy or sell any Mango Points for “real world” money or otherwise exchange items for value; and (iii) Mango Health does not recognize any such purported transfers of Mango Points, nor the purported sale, gift or trade in the “real world” of anything that appears in the Service. Any attempt to do any of the foregoing is a violation of these Terms and will result in an automatic termination of your rights to use the Mango Points and may result in termination of your Account, a lifetime ban from the Service and/or possible legal action. All Mango Points are forfeited if your Account is terminated or suspended for any reason, in Mango Health’s sole and absolute discretion, or if Mango Health discontinues providing the Service.
In addition to the Gift Program, Mango Health may decide to sponsor and run sweepstakes, contests and similar promotions (collectively, “Promotions”) through the Service. You should carefully review any additional terms and conditions governing each Mango Health Promotion (“Official Rules”). To the extent that the terms and conditions of such Official Rules conflict with these Terms for a Promotion only, the Official Rules will govern for the Promotion in question. In addition, third parties may sponsor and run Promotions through the Service (“Third Party Promotions”). Your participation in each Third Party Promotion is governed by terms and conditions provided by the third party sponsoring and running such Third Party Promotion, and you agree that Mango Health is not responsible for any Third Party Promotions, and disclaims any and all liability relating thereto. Your participation in Third Party Promotions is at your own risk.
Via the Service, we may provide you with access to third-party content, such as information regarding interactions with Medications and Supplements, news articles, and other content. MANGO HEALTH HEREBY DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY SUCH THIRD PARTY-CONTENT. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT SUCH THIRD PARTY-CONTENT IS FOR INFORMATIONAL PURPOSES ONLY. YOUR PERSONAL HEALTHCARE-RELATED SITUATION IS PERSONAL TO YOU, AND THE THIRD-PARTY CONTENT MAY NOT BE APPROPRIATE OR RELEVANT FOR YOUR PERSONAL SITUATION. AS STATED ABOVE, THE SERVICE IS NOT INTENDED TO PROVIDE HEALTH OR MEDICAL ADVICE, AND BEFORE MAKING ANY DECISIONS THAT MAY AFFECT YOUR HEALTH, YOU SHOULD CONSULT A HEALTHCARE PROFESSIONAL.
Our Service may be used and accessed for lawful purposes only. You agree that you will not do any of the following while using or accessing the Service: (i) attempt to access or search the Service or download Content from the Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third party web browsers; (ii) access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers; (iii) gather and use information, such as other users’ names, real names, email addresses, available through the Service to transmit any unsolicited advertising, junk mail, spam or other form of solicitation; (iv) use the Service for any commercial purpose or for the benefit of any third party or in any manner not by these Terms; (v) violate any applicable law or regulation; or (vi) encourage or enable any other individual to do any of the foregoing. We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
You agree to indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Service or the use of the Service by any person using your Account violates any applicable law or regulation, or the rights of any third party.
The Service may include links to other sites and services that are not operated by us. We are providing these links to you only as a convenience and are not responsible for the content or links displayed on such sites. You are responsible for and assume all risk arising from your use or reliance of any third party sites.
Our App and Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, we (or our licensors) exclusively own all right, title and interest in and to the App and the Service, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the App or the Service, including in any Content. You acknowledge and agree that any feedback, comments or suggestions you may provide regarding the App or the Service (“Feedback”) will be the sole and exclusive property of Mango Health and you hereby irrevocably assign to us all of your right, title and interest in and to all Feedback.
If you breach any of the terms of these Terms, we have the right to suspend or disable your access to or use of the App and/or Service. You may cancel your use of the App and/or Service by contacting us.
You understand and agree that the App and the Service are provided to you “AS IS” and on an “AS AVAILABLE” basis. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the App or the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID FOR USE OF THE APP AND SERVICE, IF YOU HAVE MADE ANY PAYMENTS TO MANGO HEALTH OR $50, IF YOU HAVE NOT MADE ANY PAYMENTS TO MANGO HEALTH, AS APPLICABLE. WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APP AND/OR SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms are governed by the laws of the State of California, without regard to any conflict of laws rules or principles. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service. If we make any material changes to these Terms, we will notify you of such changes by posting them on Mango Health or by sending you an email or other notification or message (including push notifications and in-app news notices) and we will indicate when such changes will become effective. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised Terms.
Please contact us if you have any questions about our Terms.
Effective: December 15, 2014
This product utilizes the Lexicomp IntegratedTM platform (the “Lexicomp Product), which contains information provided by Lexi-Comp, Inc. (D.B.A. Lexicomp) (“Lexicomp”) and/or Cerner Multum, Inc. (“Multum”). The Lexicomp Product is a product licensed to you by Lexicomp. The Lexicomp Product and the “Client System” are separate products provided by separate entities. The Lexicomp Product is intended for use in the United States.
Your use of this product acknowledges acceptance of these restrictions, disclaimers, and limitations. You expressly acknowledge and agree that neither Lexicomp nor Multum is responsible for the results of your decisions resulting from the use of the Lexicomp Product, including, but not limited to, your choosing to seek or not to seek professional medical care, or from choosing or not choosing specific treatment based on the Lexicomp Product.
Every effort has been made to ensure that the information provided in the Lexicomp Product is accurate, up-to-date, and complete, but no guarantee is made to that effect. In addition, the drug information contained herein may be time sensitive. The information contained in the Lexicomp Product has been compiled for use by healthcare practitioners and individuals in the United States. Providers do not warrant that uses outside of the United States are appropriate.
The Lexicomp Product does not endorse drugs, diagnose patients, or recommend therapy. The Lexicomp Product is an informational resource designed to assist licensed healthcare practitioners in caring for their patients and provide consumers with drug specific information. Healthcare practitioners should use their professional judgment in using the information provided. The Lexicomp Product is not a substitute for the care provided by licensed healthcare practitioners and consumers are urged to consult with their healthcare practitioner in all instances. The absence of a warning for a given drug or drug combination in no way should be construed to indicate that the drug or drug combination is safe, effective or appropriate for any given patient.
Lexicomp does not assume any responsibility for any aspect of healthcare administered or not administered with the aid of information the Lexicomp Product provides.
The Lexicomp Product is copyright 2012 Lexi-Comp, Inc. and/or Cerner Multum, Inc. All rights reserved. Client System as integrated with the Lexicomp Product is is covered by U.S. Patent No. 5,833,599 and U.S. Patent No. 6,317,719.
THE END-USER ACKNOWLEDGES THAT THE LEXICOMP PRODUCT IS PROVIDED ON AN "AS IS" BASIS. EXCEPT FOR WARRANTIES WHICH MAY NOT BE DISCLAIMED AS A MATTER OF LAW, LEXICOMP, MULTUM AND ITS AFFILIATES MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OR NATURE OF THE CONTENT OF THE LEXICOMP PRODUCT, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
IN ADDITION, WITHOUT LIMITING THE FOREGOING, THE LEXICOMP PRODUCT HAS BEEN DESIGNED FOR USE IN THE UNITED STATES ONLY AND COVERS THE DRUG PRODUCTS USED IN PRACTICE IN THE UNITED STATES. NEITHER LEXICOMP NOR MULTUM PROVIDE ANY CLINICAL INFORMATION NOR DO LEXICOMP NOR MULTUM CHECK FOR DRUGS NOT AVAILABLE FOR SALE IN THE UNITED STATES AND CLINICAL PRACTICE PATTERNS OUTSIDE THE UNITED STATES MAY DIFFER SUBSTANTIALLY FROM INFORMATION SUPPLIED BY THE LEXICOMP PRODUCT. NEITHER LEXICOMP NOR MULTUM WARRANT THAT USES OUTSIDE THE UNITED STATES ARE APPROPRIATE.
The End-User acknowledges that updates to the Lexicomp Product are at the sole discretion of Lexicomp. Lexicomp makes no representations or warranties whatsoever, express or implied, with respect to the compatibility of the Lexicomp Product, or future releases thereof, with any computer hardware or software, nor does Lexicomp represent or warrant the continuity of the features or the facilities provided by or through the Lexicomp Product as between various releases thereof.
Any warranties expressly provided herein do not apply if: (i) the End-User alters, mishandles or improperly uses, stores or installs all, or any part, of the Lexicomp Product, (ii) the End-User uses, stores or installs the Lexicomp Product on a computer system which fails to meet the specifications provided by Lexicomp, or (iii) the breach of warranty arises out of or in connection with acts or omissions of persons other than Lexicomp.
THE END-USER ASSUMES ALL RISK FOR SELECTION AND USE OF THE LEXICOMP PRODUCT AND CONTENT PROVIDED THEREON. NEITHER LEXICOMP NOR MULTUM SHALL NOT BE RESPONSIBLE FOR ANY ERRORS, MISSTATEMENTS, INACCURACIES OR OMISSIONS REGARDING CONTENT DELIVERED THROUGH THE LEXICOMP PRODUCT OR ANY DELAYS IN OR INTERRUPTIONS OF SUCH DELIVERY.
THE END-USER ACKNOWLEDGES THAT LEXICOMP AND/OR MULTUM: (A) HAS NO CONTROL OF OR RESPONSIBILITY FOR THE END-USER’S USE OF THE LEXICOMP PRODUCT OR CONTENT PROVIDED THEREON, (B) HAS NO KNOWLEDGE OF THE SPECIFIC OR UNIQUE CIRCUMSTANCES UNDER WHICH THE LEXICOMP PRODUCT OR CONTENT PROVIDED THEREON MAY BE USED BY THE END-USER, (C) UNDERTAKES NO OBLIGATION TO SUPPLEMENT OR UPDATE CONTENT OF THE LEXICOMP PRODUCT, AND (D) HAS NO LIABILITY TO ANY PERSON FOR ANY DATA OR INFORMATION INPUT ON THE LEXICOMP PRODUCT BY PERSONS OTHER THAN LEXICOMP OR MULTUM RESPECTIVELY.
LEXICOMP, MULTUM AND THEIR RESPECTIVE AFFILIATES SHALL NOT BE LIABLE TO ANY PERSON (INCLUDING BUT NOT LIMITED TO THE END-USER AND PERSONS TREATED BY OR ON BEHALF OF THE END-USER) FOR, AND THE END-USER AGREES TO INDEMNIFY AND HOLD LEXICOMP AND MULTUM HARMLESS FROM ANY CLAIMS, LAWSUITS, PROCEEDINGS, COSTS, ATTORNEYS’ FEES, DAMAGES OR OTHER LOSSES (COLLECTIVELY, "LOSSES") ARISING OUT OF OR RELATING TO (A) THE END-USER'S USE OF THE LEXICOMP PRODUCT OR CONTENT PROVIDED THEREON OR ANY EQUIPMENT FURNISHED IN CONNECTION THEREWITH AND (B) ANY DATA OR INFORMATION INPUT ON THE LEXICOMP PRODUCT BY END-USER, IN ALL CASES INCLUDING BUT NOT LIMITED TO LOSSES FOR TORT, PERSONAL INJURY, MEDICAL MALPRACTICE OR PRODUCT LIABILITY. FURTHER, WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL LEXICOMP, MULTUM AND THEIR RESPECTIVE AFFILIATES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF BUSINESS, OR DOWN TIME, EVEN IF LEXICOMP OR MULTUM HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE INFORMATION CONTAINED WITHIN THE LEXICOMP PRODUCT IS INTENDED FOR USE ONLY AS AN INFORMATIONAL TOOL AND END-USERS ARE URGED TO CONSULT WITH A PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL REGARDING THEIR SPECIFIC SITUATION FOR DIAGNOSIS OR BY PHYSICIANS AND PROFESSIONALS WHO SHOULD RELY ON THEIR CLINICAL DISCRETION AND JUDGMENT IN DIAGNOSIS AND TREATMENT. AS BETWEEN THE END-USER AND LEXICOMP OR MULTUM, THE END-USER HEREBY ASSUMES FULL RESPONSIBILITY FOR INSURING THE APPROPRIATENESS OF USING AND RELYING UPON THE INFORMATION IN VIEW OF ALL ATTENDANT CIRCUMSTANCES, INDICATIONS, AND CONTRAINDICATIONS.
Under no circumstances shall Lexicomp, Multum, and their respective affiliates be liable to the End-User or any other person for any direct, indirect, exemplary, special or consequential damages arising out of or relating to the End-User's use of or inability to use the Lexicomp Product or the content of the Lexicomp Product provided thereon or any equipment furnished in connection therewith. Lexicomp's and Multum’s total maximum cumulative liability hereunder in connection with this Agreement, whether arising under contract or otherwise, are limited to the fees received by Lexicomp under this Agreement specifically relating to the End-User's use of the Lexicomp Product or product which is the subject of the claim.