DotFriday’s Terms and Conditions
DotFriday is a tool that you can use to help you stay well. DotFriday does not provide medical advice and is not a substitute for your own diligence. DotFriday and Curveball Software Inc. are not responsible for any errors in your medication or health regime. Consult your healthcare professional before starting, stopping, or changing any drug or course of treatment.
DOTFRIDAY TERMS OF SERVICE
1. Your Agreement with Curveball Software Inc.
Your use of DotFriday is governed by this agreement. DotFriday is owned and operated by Curveball Software Inc., which is located at 75 Euclid Avenue, Toronto, ON Canada M6J 2J8.
2. Not Medical Advice; Canada and U.S. Use Only
DotFriday does not offer medical advice. Any content accessed through DotFriday is for informational purposes only, and is not intended to cover all possible uses, directions, precautions, drug interactions, or adverse effects. This content should not be used during a medical emergency or for the diagnosis or treatment of any medical condition. Please consult your doctor or other qualified health care provider if you have any questions about a medical condition, or before taking any drug, changing your diet or commencing or discontinuing any course of treatment. Do not ignore or delay obtaining professional medical advice because of information accessed through DotFriday. Call 911 or your doctor for all medical emergencies.
You may only use DotFriday if you reside in Canada or the United States.
3. Your Account and Use of DotFriday
You must provide accurate and complete registration information any time you register to use DotFriday. You are responsible for the security of your passwords and for any use of your account. You must immediately notify DotFriday of any unauthorized use of your password or account by email to: firstname.lastname@example.org.
Your use of DotFriday and any content accessed through DotFriday must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software. You must be at least 18 years old to use DotFriday.
You may not access DotFriday other than by the interfaces provided by DotFriday or interfere with or disrupt the proper operation of DotFriday.
4. Use of Your Information
DotFriday operates in Canada and the United States and therefore your personal information may be disclosed in accordance with Canadian or U.S. law.
We hold the personal information that you input into DotFriday in order to provide you with and improve the application. This can include the following types of information:
Identification: Your name, address, contact numbers, email address, health identification numbers, height, weight and date of birth.
Medical information: appointments, prescriptions, medications, symptoms, diagnoses, test results, medical conditions, medical history and compliance information.
Financial Information: Credit card numbers for payment purposes.
We may also donate and/or sell personal information in order to support healthcare and other research. We will never identify your name with this information, unless required to do so by law.
5. Information Security
Curveball Software Inc. takes reasonable technical and procedural precautions to protect the information provided by users of DotFriday. When online registration and order forms require users to provide certain information, such as a credit card number, that information is collected on a “secure” page, and the information submitted is encrypted. To determine if you are on a secure page, look to see if a lock icon appears on the bottom of your web site browser.
6. Additional Terms
7. Content and Services Accessed through DotFriday
DotFriday may include content that you find offensive, including health-related content that is sexually explicit.
Curveball Software Inc. may make third-party services available through DotFriday. In order to use a specific service, you may choose to allow the third-party service provider to retrieve, provide, and/or modify health and other information in your account or otherwise share your information with the service provider. Once you enable a specific third-party service provider to access your account, the service provider may continue to access your account until you affirmatively disable access. Third-party service providers include both health care providers and other entities. It is your sole responsibility to review and approve each such third-party service before sharing your information through or otherwise accessing it.
Curveball Software Inc. may screen, modify, refuse, or remove certain content or third-party services, but is not responsible for and does not endorse any third-party content or services. Curveball Software Inc. further does not endorse any third-party service providers, other health care providers, products, services, opinions, or web sites accessed through DotFriday.
Use of these services and reliance on this content is solely at your own risk. Curveball Software Inc. may not be held liable for any damages arising out of or related to your use of any third-party service or content. Providers of these third-party services and/or content are Curveball Software Inc.’s “Licensors”.
8. Curveball Software Inc.’s Proprietary Rights
Curveball Software Inc. owns all proprietary rights to DotFriday. When you register for DotFriday, Curveball Software Inc. gives you a personal, revocable, non-assignable, and non-exclusive license to use DotFriday.
9. Modification and Termination of DotFriday
Curveball Software Inc. may place limits on, modify, suspend or terminate DotFriday generally, and may suspend or terminate your use of DotFriday if you fail to comply with this agreement. This suspension or termination may delete your information, files, and other previously available content. If Curveball Software Inc. terminates DotFriday or your use of DotFriday, this agreement will also terminate, but Sections 4, 6, 8, 9, and 11-14 shall continue to be effective after this agreement is terminated.
10. Changes to this Agreement
Curveball Software Inc. may change this agreement and will post the modified agreement. If you do not agree to the modified agreement, you shall stop using DotFriday. Your continued use of DotFriday after the date the modified agreement is posted will constitute your acceptance of the modified agreement.
You will defend or settle any third-party claim against Curveball Software Inc., any third party DotFriday feature providers.
12. Exclusion of Warranties
Curveball Software Inc. Does not make any express warranties and disclaims all implied warranties, including implied warranties of accuracy, merchantability, fitness for a particular purpose, and non-infringement. Curveball software Inc. does not make any warranty that the content in DotFriday satisfied government regulations requiring disclosure of information on prescription drug products. Content in DotFriday is developed for use in Canada and the United States, and Curveball Software Inc. does not make any representation concerning the content when used in any other country.
13. Limitation of Liability
Neither you nor Curveball Software Inc. may be held liable under this agreement for any damages other than direct damages, even if the party knows or should know that that other damages are possible or that direct damages are not a satisfactory remedy. The limitations in this section apply to you only to the extent they are lawful in your jurisdiction.
Neither you nor Curveball Software Inc. may be held liable under this agreement for more than $1,000.
The limitations of liability in this Section do not apply to breaches of intellectual property provisions or indemnification obligations.
14. General Legal Terms
If you have not signed a separate written agreement with Curveball Software Inc. related to DotFriday, this agreement is the entire agreement between you and Curveball Software Inc. related to DotFriday, replacing any prior agreements. If there is any conflict between this agreement and a signed written agreement between you and Curveball Software Inc. related to DotFriday, the signed written agreement will control.
If Curveball Software Inc. provides you with a translation of the English language version of this agreement, the English language version of this agreement will control if there is any conflict.
Failure to enforce any provision will not constitute a waiver of that provision. If any provision is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision’s essential purpose.
This agreement is governed by Ontario law, excluding Ontario’s choice-of-law rules. The exclusive venue for any dispute relating to this agreement is Toronto, Ontario, Canada. You and Curveball Software Inc. consent to the personal jurisdiction of the Ontario courts. Nothing in this agreement limits either party’s ability to seek equitable relief.