MyCabinet, Inc. Terms of Service
These terms and conditions govern your use of this website, mobile application, or any online presence of MyCabinet, Inc. (collectively “Site”) including, but not limited to, the MyCabinet website, and mobile applications. By using the Site and its related services, products, and software, you agree to be bound by these terms (“Terms of Service”). If you disagree with the Terms of Service or any part thereof, you must not use this Site. References to “MyCabinet”, “our,” “we,” or “us” refer to MyCabinet, Inc. and its affiliates, subsidiaries, and designees.
From time to time, MyCabinet may supplement these Terms of Service with additional terms pertaining to specific content, including, but not limited to, the uploading of photographs and videos, services, products, digital products, courses or events (“Additional Terms”), which Additional Terms may be placed on the Site to be viewed in connection with the specific content, services, products, digital products, courses or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Service.
Please note that your use of this Site may be subject to the terms and conditions of a license agreement (“Master Agreement”) between your healthcare organization, insurance provider, employer, pharmacy, or other licensing entity through which you have acquired MyCabinet services, and MyCabinet. Termination of the Master Agreement may result in an automatic termination of your right to access the Site.
The Site Does Not Provide Medical Advice
The contents of the Site, including those that are on or comprising the Site, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material obtained from MyCabinet’ licensors, and other material contained on the Site (“Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or medicine. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site.
If you think you may have a medical emergency, call your doctor or 911 immediately. MyCabinet does not recommend or endorse any specific tests, physicians, products, procedures, opinions, drug interactions, or other information that may be mentioned on the Site. Reliance on any information provided by MyCabinet or the Site is solely at your own risk.
Disclaimer as Notice to All Users
DrugBank is the service which provides users with drug interaction notifications. The DrugBank Data is intended for educational and scientific research purposes only and you expressly acknowledge and agree that use of the DrugBank Data is at your sole risk. There is no warranty on the accuracy of the DrugBank Data, and reliance on the DrugBank Data shall be at your sole risk. DrugBank Data is not intended as a substitute for professional medical advice, diagnosis or treatment.
Authority to Use
We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to be used by any children under the age of 18. By using this Site and by agreeing to the Terms of Service, you warrant and represent that you are at least 18 years of age.
All Content is protected by copyright, trademark, patent, applicable federal privacy laws or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is protected as a collective work under U.S. and international copyright laws, and MyCabinet owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content. You may not remove or modify any copyright, trademark and other proprietary notice contained in any Content you use, and you may not modify or alter the Content, copy or post the Content on any network computer, or broadcast the Content in any media. You may not copy, scrape, frame, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease, or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part. MyCabinet’ logos and other trademarks on the Site are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by MyCabinet and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner. These terms are subject to the need to download portions of the Site for caching purposes only and said use is subject to the restrictions set out below and elsewhere in these terms and conditions.
Disclaimers and Limitation of Liability
THE USE OF THE SITE AND THE CONTENT IS AT YOUR OWN RISK.
WHEN USING THE SITE, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM THAT MAY BE BEYOND THE CONTROL AND JURISDICTION OF MYCABINET AND ITS SUPPLIERS. ACCORDINGLY, MYCABINET ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE MYCABINET SITE.
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY MYCABINET ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND HEREUNDER, EXPRESS OR IMPLIED, AS TO OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE. YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF THE MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR OUR SERVERS OR ELECTRONIC COMMUNICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS 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 SUCH MATERIAL AND/OR DATA.
MYCABINET IS NOT RESPONSIBLE FOR ANY CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE THE SITE. MYCABINET MAKES NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH MYCABINET MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST MYCABINET WITH RESPECT TO SUCH SITES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE INCLUDING, BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. THE LIMITATION ON LIABILITY EXTENDS TO PERSONAL INJURY OR PERSONAL DAMAGE CAUSED BY PRODUCTS YOU PURCHASE THROUGH THE SITE OR FOR MYCABINET’ GROSS NEGLIGENCE, INTENTIONAL, WILLFUL, RECKLESS OR MALICIOUS MISCONDUCT OR FRAUD.
WITHOUT LIMITING THE FOREGOING, MYCABINET, ITS LICENSORS, AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE FOLLOWING:
- THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE CONTENT PROVIDED ON OR THROUGH THE USE OF THE SITE OR MYCABINET.
- THE SATISFACTION OF ANY GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS OR THE APPROVAL OR COMPLIANCE OF ANY SOFTWARE TOOLS WITH REGARD TO THE CONTENT CONTAINED ON THE SITE.
IN NO EVENT SHALL MYCABINET, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE MYCABINET SITE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE THE MYCABINET SITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MYCABINET, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE MYCABINET SITE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MYCABINET HAS NO LIABILITY FOR ANY ACTIONS TAKEN AS A RESULT OF OR IN CONNECTION WITH VIEWING THIS SITE. IN PROVIDING INFORMATION THROUGH ITS SITES, MYCABINET DOES NOT ASSUME ANY LIABILITY AS A RESULT OF THE USE OR MISUSE OF THE INFORMATION. BY YOUR USE OF THIS INFORMATION, YOU RECOGNIZE AND AGREE TO HOLD MYCABINET HARMLESS FROM ANY LIABILITY ARISING FROM YOUR USE OF THIS INFORMATION. YOU AGREE TO USE THIS SITE AND SUBMIT INFORMATION AT YOUR OWN RISK.
BY USING THIS SITE, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS SITE DISCLAIMER ARE REASONABLE.
This section of these Terms of Service notice contains a patient’s rights section describing your rights under the law. You have the right to restrict how your protected health information as defined by HIPAA (PHI) is used and disclosed for treatment, payment or healthcare operations. The HIPAA (Health Insurance Portability and Accountability Act of 1996) law allows for the use of the information for treatment, payment, or healthcare operations.
Furthermore by using the Site, you agree that you have given consent to any Provider that decides to share your PHI to utilize MyCabinet and the Site. You agree that any concerns with regards to whether the Provider did so in accordance with HIPAA regulations will be brought up with and against the Provider and waive any claims against MyCabinet.
You hereby agree to defend, indemnify, and hold MyCabinet its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Service. MyCabinet retains the right to settle any third-party claim or dispute on the advice of MyCabinet’ legal advisers incurred or suffered by MyCabinet arising out of any breach by you of any provision of these Terms of Service. Furthermore, you agree to indemnify MyCabinet from any damages including without limitation, reasonable legal and accounting fees in regard to such settlement.
Registration and Use
In order to access MyCabinet and its services, you need to register as a user of MyCabinet. You may be required to provide us with the following information, which includes but is not limited to: your legal name, physical address, a valid e-mail address, date of birth, sex assigned at birth, phone number, and username and password.
Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of the Site, including but not limited to all content, services, digital products, courses, events, tools or products is hereby expressly prohibited.
Notification of Alleged Copyright Infringement Under the Digital Millennium Copyright Act (DMCA)
If you believe that your copyrighted material may have been infringed, please provide MyCabinet’ copyright agent with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, your e-mail address.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- For additional information regarding this procedure, please reference 17 USC 512.
MyCabinet’s designated agent to receive notifications of claimed infringement can be reached via the following:
19790 W Dixie Hwy Ste 302
Aventura, FL 33180
Links to Third-Party Websites
Email and Text Marketing
You agree that MyCabinet may, from time to time, send you new product and feature announcements, marketing materials and promotional offers via email. You may opt-out of such communication by contacting email@example.com
As part of your experience on the Site you shall create and/or use an account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. You agree to not share your account credentials with others.
You shall not use this Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site. You shall not use this Site in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity, including, but not limited to, tampering with the Site, misrepresenting the identity of a user, and using buying agents or conducting fraudulent activities, on the Site are prohibited. You may not violate or attempt to violate the security of the Site, including by, without limitation, (a) accessing data not intended for you or logging on to a server or an account which you are not authorized to access; (b) using any Site for unintended purposes or trying to change the behavior of any Site; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to any Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing”; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or (f) forging communications on behalf of MyCabinet (impersonating MyCabinet) or to any Site (impersonating as a legitimate user). You may not send unsolicited or unauthorized e-mail on behalf of MyCabinet, including promotions and/or advertising of products or services. We may prosecute you to the full extent of the law for any violation of these Terms of Service. You may not use any device, software or routine or data to interfere or attempt to interfere with the proper working of any Site or any activity being conducted on any Site. You may not use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search any Site other than the search engine and search agents we provide and generally publicly available browsers.
MyCabinet does not warrant or guarantee that any files available for downloading are free of cookies, viruses, worms, “Trojan horses,” or other harmful or destructive elements. Please note that downloaded information may be subsequently updated by MyCabinet and it is the responsibility of members to ensure that the information they have downloaded is the most up-to-date information made available by MyCabinet.
Any dispute or claim arising out of or relating in any way to your use of the Site, or to any products or services sold or distributed by MyCabinet or through the Site will be resolved by binding arbitration, rather than in court, administered by the American Arbitration Association, in accordance the laws of the State of Florida without regard to principles of conflict of laws. The place of arbitration shall be in Broward County, Florida.
By agreeing to Arbitration, you understand and agree that you are waiving your right to maintain other available resolution processes such as a court action or administrative proceeding, to settle any disputes or claims. The rules in arbitration are different. There is no judge or jury. Although review is limited, an arbitrator can award on an individual basis the same damages and relief as would be available in court and must enforce the same limitations stated in these Terms of Service as a court would.
To begin an arbitration proceeding, you must send a demand to the American Arbitration Association (“AAA”) describing your claim and serve a copy of the demand on our registered agent. The AAA’s rules and the form for filing an arbitration claim are available at www.adr.org. Logistics surrounding payments of all filing, administration and arbitrator fees will be governed by the AAA’s rules. Each party will be responsible for their fees and costs including but not limited to AAA fees, and attorney costs.
We each agree that any dispute resolution proceedings of any nature or in any forum will be conducted only on an individual basis and not in a class, consolidated or representative action. This means that you may not purport to act on behalf of a class or any other person. Likewise, an arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial, unless such waiver is unenforceable. In addition all parties hereby irrevocably consent to the personal jurisdiction of the State and Federal courts located in the State of Florida. All parties waive any defense of improper venue or forum non conveniens.
Subject to the terms above all parties agree that you or we may bring suit in court to seek to enjoin infringement or other misuse of intellectual property rights.
Termination of Use or Access
MyCabinet reserves the right, at its sole discretion, to immediately, without notice: (i) delete any or all content provided by you or your agent(s) to the Site; (ii) discontinue your registration(s) with the Site; (iii) discontinue your access to any digital product, product, course, event, content, tool or service purchased through the Site; (iv) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (v) any other action which MyCabinet deems to be appropriate, upon MyCabinet’ determination that (a) you have provided MyCabinet with false or misleading registration information, (b) you have committed any breach of these Terms of Service, (c) you have engaged in conduct that MyCabinet believes is harmful to MyCabinet or its customers, or (e) your use of the service could lead to offline behavior that is harmful to you, other MyCabinet customers, or the public. Depending on the severity of the matter, number of complaints (if any), and other factors, MyCabinet may or may not send you warning emails before taking any of the actions described in this paragraph.
If your registration(s) with or ability to access the Site, any other MyCabinet site and/or any other service, product, content, course, event, tool or digital product provided to you by MyCabinet is discontinued by MyCabinet due to your violation of any portion of these Terms of Service or for conduct otherwise inappropriate for the Site, then you agree that you shall not attempt to re-register with or access the Site or any other MyCabinet’ site.
MyCabinet reserves the right to terminate access to the Site including any or all content, services, digital products, products, events, courses, or tools with or without notice. MyCabinet reserves the right (at MyCabinet’ discretion) to provide you with notice of such change by prominently posting a notice on the Site and/or sending written notice to you at any e-mail and/or post office address you have provided to MyCabinet.
Breaches of these Terms of Service
Without prejudice to MyCabinet’ other rights under these terms and conditions, if you breach these terms and conditions in any way, MyCabinet may take such action as MyCabinet deems appropriate to deal with the breach, including suspending your access to the Site, prohibiting you from accessing the Site, blocking computers using your IP address from accessing the Site, contacting your internet service provider to request that they block your access to the Site and/or bringing court proceedings against you.
MyCabinet may transfer, assign, or otherwise dispose with MyCabinet’ rights and/or obligations under these Terms of Service without notifying you or obtaining your consent.
If a provision of these Terms of Service is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue to remain in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue to remain in effect.
The failure of MyCabinet or you to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment of such right to assert or rely upon any such provision or right in that or any other instance.
These Terms of Service represent the entire agreement between MyCabinet and you in regard to the use of this Site, and supersede all previous agreements, written or oral, in respect of your use of this Site.