MOBILE HEALTH LIBRARY
, Mobile Health Library,
Welcome to MOBILE HEALTH LIBRARY® (“MHL”). This app-based clinical engagement system is owned by Mobile Health Library, LLC (the "Company").
MHL is an application platform that securely delivers health and medical information, and supports user understanding of such information.
It is intended for use by patients, caregivers, physicians, pharmacists, nurses, and other healthcare professionals.
MHL allows users to interact with content in multi-media formats, including video. Streaming multi-media content
can use a significant amount of data when delivered via a cellular network. You are advised to contact your service
provider regarding your available data plans and any associated charges. You are strongly encouraged to password protect
your mobile device, and to utilize the “Lock Screen” password protection feature of MHL.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING
By using MHL, you signify your consent to the Terms
and Conditions set forth below.Please note that these terms
and conditions may be revised or updated from time to time, and
your continued usage of MHL shall mean that you accept any such
1. MEDICAL ADVICE FOR PATIENTS & CAREGIVERS
MHL is not intended to offer or replace professional
advice from your healthcare professional.If you have any
health concerns, please speak directly to your healthcare
professional. If you are experiencing a medical emergency, dial
Mobile Health Library will not identify or alert you to any potential drug-drug interaction. For medical
inquires and advice, including those related to drug-drug interactions, please consult directly with your physician.
2. THIRD PARTY LINKS AND ADVERTISEMENTS
MHL may contain links to third party websites, third party content, and third party services. These links,
content, and services are provided for your convenience and the Company is not to be held responsible for: (i)
information contained in any third party websites, content, or services (ii) the privacy policies of other websites,
or (iii) the validity of the information therein. When utilizing MHL to access one of these links, we recommend that
The Company does not endorse the content and accuracy of the third party websites,
content, and services you are about to visit, and therefore, disclaims responsibility for their content and accuracy;
The Company does not make any expressed or implied warranties, representations,
or endorsements whatsoever with respect to the linked websites you visit, or content and services you access;
In no event will the
Company be liable to you or to anyone else for any decision
made or action taken by you or anyone else in reliance on
results obtained from information available from any websites
for which we provide a link; and
The Company is not to be
held responsible for information contained in third party
websites whereby there is a connection to or from MHL via
hyperlinks and/or pointers.
The Company does not endorse any product, service, or
treatment advertised on MHL.
3. DOSING REMINDER APPLICATION (DRA) WITHIN MHL
The DRA is intended as a helpful backup reminder system
that you can personalize for taking your medications. You should
not and must not rely on the DRA as your primary tool for
determining whether and when to take medication. As further
described under “Technology; Support” below, the DRA may not
function as intended. Specifically, the DRA will not function
properly if your device is broken or powered off, if the DRA
software is not enabled of if any hardware or software on your
device prevents the DRA from operating as intended. The
maintenance of your mobile and computing devices is your
responsibility. You acknowledge that the DRA, and the utility
of any of its alerts or notifications, depends on information
that you input into the DRA. Ultimately, you are solely
responsible for ensuring that the correct medication is taken at
the proper times and in the proper dosages.
We do not warrant or guarantee that the DRA will
function with your mobile or computing device or be compatible
with the hardware or software on any particular devices.
Information will be transmitted over a medium that will be
beyond our control and jurisdiction; multiple factors, including
network availability, may affect alert or notification delivery
or otherwise interfere with the operation of the DRA. We do not
warrant or guarantee against, and therefore assume no liability
for or relating to, any errors, omissions, delays, failures,
interruptions, or corruption or loss of any data, alerts,
notifications or other information transmitted in connection
with your use of the DRA, particularly relating to any failure
of the reminder system to function as expected, including but
not limited to the non-delivery of any alerts or
Without limiting the foregoing, we, our licensors, and
our suppliers make no representations or warranties about the
availability, accuracy, reliability, completeness, quality,
performance, suitability or timeliness of the DRA, including
software, text, graphics, links or communications provided on
or through the use of the DRA.
We have no obligation to provide technical support or
maintenance for the DRA. At any time and for any reason,
without notice or liability, we may modify or discontinue
4. TRACKING AND DIARY APPLICATION (TDA)
The TDA is intended as a helpful self-reported health status tracker resource for recording information.
As further described under “Technology; Support” below, the TDA may not function as intended.
Specifically, the TDA will not function properly if your device is broken or powered off,
if the TDA software is not enabled of if any hardware or software on your device prevents the TDA from operating as intended.
The maintenance of your mobile and computing devices is your responsibility. You acknowledge that the TDA, and the utility
of any of its alerts or notifications, depends on information that you input into the TDA. Ultimately, you are solely
responsible for communicating your health status, and changes in your health status, with your healthcare professionals.
We do not warrant or guarantee that the TDA will function with your mobile or computing device or be
compatible with the hardware or software on any particular devices. Information will be transmitted over a
medium that will be beyond our control and jurisdiction; multiple factors, including network availability,
may affect alert or notification delivery or otherwise interfere with the operation of the TDA.
We do not warrant or guarantee against, and therefore assume no liability for or relating to, any errors,
omissions, delays, failures, interruptions, or corruption or loss of any data, alerts, notifications or other
information transmitted in connection with your use of the TDA, particularly relating to any failure of the
reminder system to function as expected, including but not limited to the non-delivery of any alerts or notifications.
Without limiting the foregoing, we, our licensors, and our suppliers make no representations or warranties
about the availability, accuracy, reliability, completeness, quality, performance, suitability or timeliness of
the TDA, including software, text, graphics, links or communications provided on or through the use of the TDA.
5. CHILDREN'S PRIVACY
The Company is committed to protecting the privacy of
children. MHL is intended for adults age 18 and over, it is not
designed nor intended to attract persons under the age of
6. INTELLECTUAL PROPERTY
This application platform, and all content and images
contained herein, as well as all copyright, trademark and other
rights (collectively, "Intellectual Property") are owned or
licensed by the Company and its affiliates, or advertisers and
firms with which the Company has a business relationship.
Nothing contained in MHL should be construed as granting, by
implication, estoppel or otherwise, any license or right in or
to such Intellectual Property without the expressed written
permission of the Company. You agree not to copy, use or
otherwise infringe upon any Intellectual Property contained in
7. INTERNATIONAL USAGE
If you access MHL from outside the United States, you
are responsible for compliance with the laws of your
You agree to defend, indemnify, and hold the Company,
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
You expressly agree that exclusive jurisdiction for any dispute with the Company, or in any way relating to your use of MHL, resides in the courts of the Commonwealth of Pennsylvania and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Commonwealth of Pennsylvania in connection with any such dispute including any claim involving the Company or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the internal substantive laws of the Commonwealth of
Pennsylvania without respect to its conflict of laws principles. If any provision of these Terms and Conditions
is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not
affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force
and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such
term or condition or any other term or condition.
PLEASE CAREFULLY READ THIS SECTION AS IT AFFECTS YOUR
In the event of a dispute, before resorting to formal
proceedings, the Company requests that you contact its customer
service department to try to have any concerns resolved to your
If you and the Company are unable to resolve your
concerns satisfactorily in a direct and informal manner, then
YOU AND THE COMPANY EACH AGREE TO RESOLVE THE DISPUTE
THROUGH BINDING ARBITRATION OR A SMALL CLAIMS COURT, RATHER
THAN THROUGH A COURT OF GENERAL JURISDICTION. Arbitration
involves a neutral arbitrator rather than a judge or a jury,
are less formal than judicial proceedings, and are subject to
limited review by a court.
(1) Any claim or dispute that arises between you and
the Company, whether based in contract or tort or any other
legal theory, shall be settled through binding arbitration
before a neutral arbitrator or, upon agreement of the parties,
a panel of neutral arbitrators, in an arbitration performed
under the American Arbitration Association's Commercial
Arbitration Rules and the Supplementary Procedures for Consumer
Related Disputes (the "AAA Rules"), as modified by this
Agreement.The arbitration shall be administered by the AAA,
unless the parties agree otherwise.The sole exception to this
Agreement is that either party may bring a claim in small
claims court in lieu of arbitration. Notwithstanding any
contrary provision in the AAA Rules, ANY ARBITRATION BROUGHT
UNDER THIS AGREEMENT SHALL TAKE PLACE ON AN INDIVIDUAL BASIS.
CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED UNDER
THIS AGREEMENT AND THE ARBITRATOR(S) SHALL NOT CONSOLIDATE THE
CLAIMS OF MORE THAN ONE INDIVIDUAL IN ANY ARBITRATION, UNLESS
YOU AND THE COMPANY AGREE OTHERWISE.YOU UNDERSTAND AND AGREE
THAT BY ENTERING INTO THIS AGREEMENT, YOU AND THE COMPANY
ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY; YOU AND THE
COMPANY ARE ALSO EACH WAIVING THE RIGHT TO PARTICIPATE IN ANY
CLASS ARBITRATION OR CLASS ACTION AGAINST THE
Any settlement negotiations between you and the
Company, whether before or after the commencement of
arbitration proceedings, shall remain confidential and shall
not be shared with the arbitrator(s).References to "you,"
your" and "Mobile Health Library, LLC" include all of
your and the Company's parents, subsidiaries, affiliates,
agents, employees, successors, predecessors-in-interest,
assigns, beneficiaries, and heirs.This Agreement is intended
to be broadly interpreted.It shall continue beyond the
termination of any contract between the
(2) This Agreement is not intended to limit your rights with respect to calling any issues to the attention of a local, state or federal agency.Such agency may proceed in an individual action on your behalf, SUBJECT TO THE PROHIBITION CONTAINED IN THIS AGREEMENT AGAINST CLASS ARBITRATIONS OR CLASS ACTIONS.
(3) Prior to seeking arbitration, you and the Company
each agree to notify the other of any claim in writing via
certified mail, setting forth the nature of the dispute, the
relief sought, and the intent to demand arbitration. Such
notice shall be sent by the Company to you at your address of
record in the Company's records department, and notice by you
to the Company as follows:
Upon receipt of a notice and demand for arbitration,
the parties shall have thirty days to resolve the dispute.
Thereafter, if the dispute remains unresolved, you or the
Company may commence an arbitration proceeding.A proceeding
should be commenced through the American Arbitration
Association, unless the parties have agreed otherwise.
(4) The requirements for commencing an arbitration
proceeding through the American Arbitration Association may be
found at the website of the American Arbitration Association,
http://www.adr.org, or may be obtained by calling
the American Arbitration Association directly at
(5) Any arbitration hearing shall be conducted in the Commonwealth of Pennsylvania. EXCEPT THAT, IF YOUR CLAIM IS VALUED AT
LESS THAN $30,000, YOU AND THE COMPANY EACH AGREE THAT THE
ARBITRATOR(S) MAY REACH A DECISION SOLELY BASED ON THE PAPERS
AND DOCUMENTARY EVIDENCE SUBMITTED BY THE PARTIES OR, AT EITHER
PARTY'S REQUEST, FOLLOWING A TELEPHONIC OR ELECTRONIC
HEARING.The right to a hearing for disputes involving
amounts greater than $30,000 will be determined in accordance
with the AAA Rules.
(6) At the conclusion of the arbitration, the Company shall be responsible for paying all arbitration filing fees, administration fees, and arbitrator fees, except if the arbitrator(s) determines that the claim was brought for a frivolous or improper purpose.In that event, you will be responsible for paying a share of the fees in accordance with the AAA Rules.
(7) The arbitrator(s) shall issue a reasoned decision
(8) The arbitrator(s) may not award injunctive relief
except to the extent that it provides only individual relief
with respect to your claim(s) or the Company's
(9) The arbitrator(s) shall be bound by the terms of this Agreement.
(10) Judgment on any award rendered by the
arbitrator(s) may be entered in any court having jurisdiction
over the arbitration.
(11) The arbitration shall be governed by the Federal
Arbitration Act, 9 U.S.C. § 1, et seq. and the
substantive laws of the State of New York, United States of
10. Changes to the terms of conditions
If these Terms of Conditions change, the revised terms
and conditions will be posted on MHL. These terms and
conditions were last updated on January 16, 2017.
practices regarding collection, use, and disclosure of
information that you may provide to MHL. Please be sure to read
information to MHL.
1. YOUR CONSENT
By using this site, you agree to the terms of this
consent to the collection, use, and disclosure of that
information in accordance with the terms of this Privacy
2. INFORMATION YOU PROVIDE
MHL does not store specific information about you
without your permission. Any information that is personally
identifiable is encrypted and secured in our database, per HIPAA
compliance guidelines. You may be invited to opt-in to a specific
program, or to participate in a particular activity. In such
case, you may be asked to submit personally identifiable information,
with each such program having its own terms and conditions for
use of such personal information.
We do not collect personally identifiable information
from any person we actually know to be under the age of
3. PASSIVE INFORMATION COLLECTION
As you navigate through the MHL app, certain anonymous
information may be passively collected (that is, gathered without
you actively providing the information). MHL may use and combine
such passively collected anonymous information to provide better
service to app users, customize your experience based on your
preferences, compile and analyze statistics and trends, and
otherwise administer and improve MHL for your use. Such information
is not combined with personally identifiable information that may
be collected elsewhere on MHL, without your consent.
4. USE AND DISCLOSURE OF INFORMATION
Except as otherwise stated, the Company may use
information collected via MHL to improve the content of MHL, to
customize your experience based on your preferences, to
communicate information to you (if you have requested it), for
our marketing and research purposes, and for any other purpose.
In addition, we may make full use of all information acquired
through MHL that is not in a personally identifiable
The collection, use, and disclosure of information
the information to jurisdictions located outside your country
of residence that may not have equivalent laws and rules
regarding personally identifiable information. In these cases,
you will be asked to consent to such transfers and disclosures
5. AGGREGATE INFORMATION
MHL gathers individual pieces of information that are
not traceable to any individual user and cannot be used to
identify an individual user. We may provide general traffic,
site usage, and length-of-stay information in reports to third
parties, including, but not limited to advertisers and firms
with which we have a business relationship. This sort of
information is shared only in aggregate and does not personally
identify you. Depending on the circumstances, we may charge
third parties for this information. We require parties with
whom we share aggregate information to agree that they will not
attempt to make the information identifiable, such as by
combining it with other databases.
The Company takes reasonable steps to help MHL app users
protect personally identifiable information stored in their MHL
app on their device and to protect such information from loss,
misuse unauthorized access, disclosure, alteration, or destruction.
You should keep in mind that no Internet transmission is ever
completely secure or error-free. You are responsible for securing
your device(s) to protect against unwanted access to your information.
You are strongly encouraged to utilize the “Lock Screen” password
protection feature of MHL.
7. OUTBOUND E-MAIL AND SMS
MHL offers functionality that allows users to share
content with other parties they know (for example, health care
providers and caregivers) through the user's personal e-mail
or texting capabilities. E-mail and text messaging do not
provide a completely secure and confidential means of
communication. It is therefore possible that your e-mail or
text communications could be accessed or viewed by another
Internet user without your knowledge or permission. If you wish
to keep your communication private, please do not use e-mail or
text messaging to communicate information to MHL or others that
you consider confidential.
will be posted on MHL. Please check back periodically, and
especially before you provide any personally identifiable
June 28, 2016.
HOW TO CONTACT
If you have any questions, comments, requests, or
concerns related to these Terms and Conditions, the Privacy
Policy or the information practices of the Company, please
contact us as follows: