MyDirectives® Terms and Conditions of Use
Welcome to MyDirectives® and MyDirectives MOBILE®. You are attempting to (a) download or install (or have already done so) a mobile software application (the “App”) and/or (b) access the website located at https://secure.mydirectives.com (the “Site”) provided by ADVault, Inc. (“ADVault”). Together, the App and the Site are referred to below as the “Applications.”
By downloading, installing or using the App, or accessing the Site, you agree that you have read and understood the following terms and conditions of use (the “Terms”) and agree to be bound by them. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, PLEASE EXIT THIS PAGE AND REFRAIN FROM ANY FURTHER USE OF OR ACCESS TO THE APPLICATIONS, AND DELETE ANY COPIES OF THE APP IN YOUR POSSESSION OR CONTROL. When using or accessing the Applications, you agree that you must comply with any guidelines, rules, terms and conditions applicable to such use or access that are posted by us, which are hereby incorporated by reference into these Terms, and with any applicable third-party terms of agreement.
We may modify these Terms at any time by posting the revised Terms on the App or the Site. Any modifications will be effective immediately upon such posting. Your use of or access to the Applications after such modifications are posted will signify your acceptance of the modifications and your agreement to be bound by them. Notwithstanding the foregoing, any modifications to these Terms will not apply to any dispute between us arising prior to the date on which we post the revised Terms.
We reserve the right, at any time and from time to time, temporarily or permanently, to modify, suspend or discontinue the Applications; charge fees in connection with the use of the Applications; modify and/or waive any fees charged in connection with the Applications; and/or offer opportunities to some or all users of the Applications. You agree that neither we nor any of our affiliates will be liable to you or to any third party for any modification, suspension or discontinuance of the Applications, in whole or in part, or of any service, content, feature or product offered through the Applications.
DISCLAIMER; NOT A SUBSTITUTE FOR PROFESSIONAL HEALTHCARE, OR FOR MEDICAL OR LEGAL ADVICE
THE APPLICATIONS AND ANY INFORMATION CONTAINED ON OR PROVIDED THROUGH THE APPLICATIONS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. YOUR USE OF THE APPLICATIONS IS VOLUNTARY AND AT YOUR SOLE RISK. THE HEALTH-RELATED INFORMATION AVAILABLE THROUGH THE APPLICATIONS IS GENERAL IN NATURE AND IS NOT A SUBSTITUTE FOR PROFESSIONAL HEALTHCARE. IT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED, AND SHOULD NOT BE USED, TO REPLACE THE ADVICE OF HEALTHCARE PROFESSIONALS. YOU ARE SOLELY RESPONSIBLE FOR YOUR RELIANCE ON THE APPLICATIONS AND THE HEALTH-RELATED INFORMATION AVAILABLE THROUGH THE APPLICATIONS, AND FOR ALL DECISIONS OR ACTIONS RESULTING FROM YOUR USE OF THE APPLICATIONS AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO ANY DECISION TO SEEK OR REFRAIN FROM SEEKING ANY DIAGNOSIS OR TREATMENT. IF YOU HAVE SPECIFIC HEALTHCARE NEEDS, OR FOR COMPLETE HEALTH INFORMATION, PLEASE SEE A DOCTOR OR OTHER HEALTHCARE PROVIDER.
ADVAULT PROVIDES INFORMATION AND SOFTWARE ONLY. THE APPLICATIONS AND ANY INFORMATION CONTAINED IN OR PROVIDED THROUGH THE APPLICATIONS ARE NOT INTENDED TO SERVE AS LEGAL ADVICE REGARDING ANY PARTICULAR SITUATION OR THE LAWS OR REGULATIONS OF ANY PARTICULAR JURISDICTION. EACH JURISDICTION'S LAWS MAY INCLUDE SEPARATE REQUIREMENTS FOR ADVANCE DIRECTIVES, MEDICAL POWERS OF ATTORNEY, ADVANCE DECISIONS AND SIMILAR DOCUMENTS. CONSEQUENTLY, ADVAULT DOES NOT CLAIM OR REPRESENT THAT ITS EMERGENCY, CRITICAL AND ADVANCE CARE PLAN CONSTITUTES A LEGAL "ADVANCE DIRECTIVE," "ADVANCE MEDICAL DIRECTIVE" OR SIMILAR DOCUMENT UNDER THE LAWS OR REGULATIONS OF ANY PARTICULAR JURISDICTION. ADVAULT DOES NOT PROVIDE LEGAL ADVICE OR PARTICIPATE IN ANY LEGAL REPRESENTATION. ADVAULT IS NOT A LAW FIRM OR A SUBSTITUTE FOR AN ATTORNEY OR LAW FIRM. IF LEGAL OR OTHER EXPERT ASSISTANCE IS REQUIRED, YOU SHOULD SEEK THE SERVICES OF A COMPETENT LEGAL PROFESSIONAL.
The Applications are controlled and operated by ADVault from the United States, and are not intended to subject ADVault or its affiliates to the laws or jurisdiction of any state, country or territory other than that of the United States. ADVault does not represent or warrant that the Applications or any part thereof are appropriate or available for use in any particular jurisdiction.
THIRD-PARTY PROVIDERS AND PAYERS
The Applications provide users with the ability to exchange certain information with doctors, hospitals and other third-party healthcare providers (“Third-Party Providers”). ADVault also allows you to submit and store the name of your insurance or benefit plan, but, except as provided below, ADVault does not provide any information regarding coverage available, healthcare costs, or doctors and hospitals participating in your plan. You should contact your insurance carrier or plan administrator (“Payers”) for this information. In some cases, a Payer may contract with ADVault to provide such Payer’s members with information regarding premium discounts or other benefits related to such members’ usage of the Applications (“Healthplan Incentives”). Although ADVault reserves the right (but does not have the obligation) to monitor the Healthplan Incentives, ADVault does not control the Healthplan Incentives and assumes no responsibility or liability of any kind for any inaccuracies contained therein, or for any messaging, reference materials or other content or services made available therein.
ADVault is not responsible for, and will have no liability in connection with, any transactions or disputes between you and Third-Party Providers or Payers. If you have a dispute with a Third-Party Provider or Payer, you agree to release us (and our officers, directors, affiliates, employees, representatives and agents) from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including actual, consequential and punitive damages), arising out of or in any way connected with the use of the Applications or such disputes. You waive any provisions of any state, province, or country law that limit or prohibit a general release, including, if applicable, Section 1542 of the California Civil Code, which states as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
ADVault grants to you a limited, royalty-free, non-exclusive, personal and non-transferable, license to install and use the App on personal mobile electronic devices or smart phones owned or controlled by you solely for your own personal, non-commercial purposes, subject to your compliance with these Terms.
OWNERSHIP OF THE APPLICATIONS
The Applications (including any content made available through the Applications) are the property of ADVault (or its licensors) and are protected by applicable intellectual property laws. The Applications are licensed, not sold, to you. You may utilize the Applications only as permitted by these Terms, and ADVault reserves all rights not expressly granted to you under these Terms. Without limiting the foregoing, you may not, and will not permit any other party to (1) modify, adapt, alter, translate or create derivative works of the Applications; (2) use or merge the Applications, or any component or element thereof, with other software, databases or services not provided by ADVault; (3) sublicense, distribute, sell or otherwise transfer the Applications to any third party; (4) lease, rent or loan the Applications to any third party; (5) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or structure of the Applications; (6) interfere in any manner with the operation of the Applications; (7) circumvent, or attempt to circumvent, any electronic protection measures in place to regulate or control access to the Applications; (8) create a database by systematically downloading and storing the Applications; (9) use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather the Applications or reproduce or circumvent the navigational structure or presentation of the Applications without our express prior written consent; or (10) use the Applications for any commercial purposes. You agree not to develop, distribute or sell any software or other functionality capable of launching, being launched from or otherwise integrated with the Applications. You may not remove, alter or obscure any copyright notice or any other proprietary notice that appears on or in the Applications.
Any logo, trademark, service mark, domain name, or trade name appearing on the Applications, including “ADVault,” “MyDirectives” and "MyDirectives MOBILE" (“Marks”), whether registered or not, are the property of ADVault or their respective owners. You may not use any Marks without the express written permission of ADVault.
INFORMATION THAT YOU SUBMIT
ADVault may provide users with a mechanism to provide feedback, suggestions and ideas about the Applications. You agree that ADVault may, in its sole discretion, use this feedback and these suggestions and ideas in any way, including in future modifications of the Applications, multimedia works and/or advertising, and promotional materials relating to the Applications. You hereby grant to ADVault a perpetual, worldwide, fully transferable, irrevocable, royalty-free license to use, reproduce, modify, create derivative works from, distribute and display the feedback, suggestions and ideas in any manner and for any purpose, provided that we do not identify you as the source of the feedback.
You acknowledge and agree that ADVault and its affiliates have the right to monitor activity on the Applications (1) to protect the privacy of our users; (2) to protect ADVault and its respective employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers, and the Applications users and visitors; (3) to comply with legal obligations or governmental requests; (4) to enforce these Terms; or (5) for any other reason or purpose. Unauthorized use of the Applications may subject the user to criminal prosecution. Evidence of unauthorized use may be used for administrative, criminal or other disciplinary action. Use of the Applications, authorized or unauthorized, constitutes consent to monitoring by ADVault and its affiliates.
USER NAMES, PASSWORDS AND SECURITY
You are required to register with ADVault to access the Applications. With respect to any such registration, we may refuse to grant you, and you may not use, an email address that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that personally identifies you; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.
Your user name and password are for your personal use only, and not for use by any other person. You are responsible for maintaining the confidentiality of any password you may use to access the Applications, and agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Applications, to any third party. You are fully responsible for all interaction with the Applications that occurs in connection with your password or user name. You agree to immediately notify ADVault of any unauthorized use of your password or user name or any other breach of security related to your account or the Applications, and to ensure that you “log off”/exit from your account with the Applications at the end of each session. To report unauthorized access or use of the Applications, send an email to info@MyDirectives.com. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
Access to any Healthplan Incentives may require an insurance or benefit plan member identification number provided by your Payer, as well as other credentials and passwords related to your insurance or benefit plan. You are responsible for maintaining the confidentiality of such identification number and other credentials and passwords.
ADVault may suspend or terminate your use of or access to the Applications (including any Healthplan Incentives made available through the Applications) immediately and without notice if you fail to comply with these Terms. Such suspension or termination may result in the permanent deletion of your information or other previously available content. Any termination of your rights to use the Applications will not affect ADVault’s rights.
You acknowledge and agree that you (and not ADVault) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Applications, and for paying all charges related thereto. ADVault does not operate or control the Internet or your mobile connection, so ADVault does not and cannot guarantee that the Applications will be error or virus free, invulnerable to hackers or other unauthorized users, or always available. ADVault takes no responsibility for defects in software, communication lines, virtual private networks, the Internet or Internet service providers, computer hardware or software, or any other service or device that you or any third parties use to access the Applications.
ADVault’s sole responsibility is to store and furnish your emergency, critical and advance care plan and other information stored in the Applications in accordance with these Terms. ADVault has no implied duties or obligations and will not be charged with knowledge or notice of any information not specifically submitted by you using the Applications. ADVault may rely on any instrument - not only as to its due execution, validity, and effectiveness, but also as to the truth and accuracy of any information contained in the instrument - that ADVault in good faith believes to be genuine, and to have been signed or presented by the person claiming to have signed it.
When you complete the signature process in the Applications, you are actually signing three documents. First, you are signing your Universal Advance Digital Directive (“uADD”), our proprietary emergency, critical and advance care plan that combines the elements of a living will, a medical power of attorney, and wishes regarding attempts at resuscitation, organ donation and autopsy. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR COMPLYING WITH THE LAWS OF YOUR PARTICULAR STATE, PROVINCE, TERRITORY, CANTON OR COUNTRY WITH RESPECT TO WITNESS AND NOTARY SIGNATURES ON YOUR UADD. Second, you are signing an authorization form required by the United States Federal Health Insurance Portability and Accountability Act of 1996 (commonly known as “HIPAA”), and by similar laws outside the United States of America like the United Kingdom’s Data Protection Act 1998, so that we can share your uADD with doctors and hospitals in the event of an emergency. Finally, you are signing an acknowledgement that you have read and understand this document containing notices and information on healthcare agents and advance directives.
To the fullest extent permitted under law, you will defend, indemnify and hold harmless ADVault and its affiliates, and its and their officers, directors, employees, agents and licensors from and against all claims, actions, liabilities, losses, expenses, damages and costs (including reasonable attorneys fees) arising out of or related to your use of the Applications or any violation of these Terms by you.
EXCLUSIONS OF WARRANTIES
ADVAULT AND ITS AFFILIATES DISCLAIM ALL EXPRESS WARRANTIES, IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ADVAULT AND ITS AFFILIATES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY ERROR, DELAY OR INTERRUPTION IN THE APPLICATIONS. ADVAULT AND ITS AFFILIATES MAKE NO GUARANTEE, REPRESENTATION OR WARRANTY REGARDING THE TIMELINESS, RELIABILITY, ACCURACY, COMPLETENESS OR USEFULNESS OF ANY PORTION OF THE APPLICATIONS, INCLUDING THE CONTENT MADE AVAILABLE THROUGH THE APPLICATIONS, OR THE AVAILABILITY, ACCESSIBILITY, VALIDITY OR ENFORCEABILITY IN ANY PARTICULAR JURISDICTION OF YOUR EMERGENCY, CRITICAL AND ADVANCE CARE PLAN CREATED USING THE APPLICATIONS. YOU AGREE THAT YOUR ACCESS TO AND USE OF THE APPLICATIONS IS AT YOUR OWN RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LIABILITY OR DAMAGE THAT YOU MAY INCUR THROUGH USE OF THE APPLICATIONS, EXCEPT TO THE EXTENT THAT THE APPLICABLE LAWS OF A PARTICULAR JURISDICTION CANNOT BE WAIVED OR EXCLUDED BY AGREEMENT.
Each medical treatment provider will follow its own institutional procedures, local laws and applicable regulations with regard to making decisions about care and treatment that may or may not conflict with your wishes as expressed in your EMERGENCY, CRITICAL AND ADVANCE CARE PLAN; therefore, ADVault does not guarantee that medical treatment providers will access and/or follow your wishes as expressed in your UADD in any particular situation.
LIMITATION OF LIABILITY
ADVAULT AND ITS AFFILIATES MAY NOT BE HELD LIABLE UNDER ANY PROVISION OF THIS AGREEMENT FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR INDIRECT DAMAGES, OR FOR ANY OTHER DAMAGES OTHER THAN DIRECT DAMAGES, EVEN IF ADVAULT KNOWS OR SHOULD KNOW 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 THAT THEY ARE LAWFUL IN YOUR JURISDICTION.
ADVAULT MAY NOT BE HELD LIABLE FOR MORE THAN $100 UNDER ANY PROVISION OF THIS AGREEMENT.
THIRD-PARTY INFORMATION AND LINKS TO THIRD-PARTY WEBSITES AND SOFTWARE APPLICATIONS
The Applications may contain information concerning Third-Party Providers, Payers and other third parties (sometimes referred to as “partners or advertisers”) who may offer third-party products or services compatible with the Applications. The Applications may also provide links to third-party websites or software applications (including websites or software applications of Third-Party Providers or Payers). Such information and links are provided for your convenience. ADVAULT AND ITS AFFILIATES DO NOT MONITOR, CONTROL OR ENDORSE, AND ARE NOT RESPONSIBLE OR LIABLE FOR, SUCH THIRD-PARTY PRODUCTS, SERVICES, WEBSITES OR SOFTWARE APPLICATIONS OR THE CONTENT CONTAINED THEREIN.
RELATIONSHIPS AND COMMUNICATIONS
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the use of the Applications, whether between you, ADVault, its affiliates or any Third-Party Provider or Payer.
ADVault may be required by law to send communications such as notices, records, agreements or other types of information to you that may pertain to the Applications, the use of information you may record on the Applications, and other services you may choose. Additionally, third-party providers such as hospitals, medical facilities or others having access to your personal information and your emergency, critical and advance care plan stored on the Applications may be required to communicate with you electronically. You agree that ADVault, on behalf of itself and any such third-party providers, may send communications to you by electronic mail and/or may make communications available to you by posting them at one or more of the ADVault sponsored websites. You consent to receiving these communications electronically. If you withdraw your consent to receive communications electronically, ADVault may terminate your right to use the Applications.
In choosing to access the Applications, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. You are also subject to United States export controls and are responsible for any violations of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (1) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (2) on any of the U.S. government lists of restricted end users. We may limit the Applications’ availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
You agree that these Terms will be construed in accordance with the laws of the State of Texas, United States of America, without regard to its conflict of laws provisions. Any claim or dispute arising in connection with your use of the Applications will be brought exclusively in the U.S. Federal Courts in Dallas County, Texas, United States of America. Any cause of action or claim you may have with respect to the Applications must be commenced within one (1) year after the cause of action or claim arises. ADVault’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. Neither the course of conduct between you and ADVault nor any trade practices will act to modify the Terms. ADVault may assign its rights and duties hereunder to any third party at any time without consent or notice to you.
If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. These Terms, together with all policies referred to herein, are the entire Agreement between you and ADVault relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and ADVault relating to such subject matter.
APPLE-SPECIFIC TERMS AND CONDITIONS
In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, you acknowledge and agree to the following provisions with respect to your use of the version of the App that is compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to this Agreement and does not own and is not responsible for the App. Apple is not providing any warranty for the App, except if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and will not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including, without limitation, any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to ADVault in accordance with the “QUESTIONS” section below. The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store℠ Terms of Service. In addition, you agree to comply with the terms of any third-party agreement that is applicable to you when using the App, such as your wireless data service agreement. You acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof. Notwithstanding the immediately preceding sentence, ADVault’s right to enter into, rescind or terminate any variation, waiver or settlement under these Terms is not subject to the consent of any third party.
You may contact ADVault at info@MyDirectives.com with any questions, complaints or claims regarding the Applications.