MediBlock Privacy Policy

Effective: July 1, 2021

This Privacy Policy (“Policy”) describes how MediBlock (“MediBlock” “we,” “our,” “us”) collects, uses, and discloses certain information obtained through our website (the “Site”), which is located at http://www.mediblock.io, and your use of the MediBlock mobile application (“App”), which is available for download on iOS on the Apple App Store and through Android on the Google Play Store. By visiting our Site or App and/or using the features made available to you on those platforms (collectively, the “Services”), you are agreeing to the terms of this Policy.

Information We Collect and Maintain About You

We collect information from you directly when you provide it to us through the Services. We may also collect information about you from third parties pursuant to your permission or consent. We further automatically collect certain information about you and your smartphone or other device when you use, access, or interact with our Services.

Personal information provided by medical providers. As part of our identity management services, we collect personal information from medical providers to help manage their professional identities for medical licensing, hospital credentialing, and other processes. If you sign up for these Services, we will ask you to provide your name and National Provider Identifier number (NPI). We may also collect your contact information (such as your email address and phone number) and other demographic information (such as your age, gender and ethnicity/race) as part of creating and maintaining your account.

Additionally, we will ask you to provide the following categories of documents/information in relation to our identity management services:

  • Identifying information (such as a copy of your driver’s license or passport)
  • Education history (such as your undergraduate and medical diplomas)
  • Post-graduate medical training/education information
  • Standardized exam results including scores and dates of exams
  • Board certifications
  • Professional licensure information
  • Medical professional liability insurance/malpractice insurance coverage information
  • Other certifications (such as your BLS, ACLS, and ATLS cards)
  • PPD/vaccinations
  • Resume/curriculum vitae (CV)
  • Other documents you may choose to store (financial information or other legal documents)

Personal information collected from third parties. When you provide us with your NPI number as part of creating your account, we auto-fill your profile with information that we have collected from publicly available sources, such as government datasets and public websites. The information we collect from these sources includes information about your medical education and training; hospital and other healthcare facility affiliations; and medical practice group employment and history.

Other personal information provided by you. You may visit the Site without submitting any personal information or creating an account with the Services. However, if you choose to use certain features on the Site, such as the “Contact Us” feature, we may collect your personal information. This information could include your name and contact information (such as your email address).

Server logs. Server logs automatically record information and details about your online interactions with us. For example, server logs may record information about your visit to our Site or App on a particular time and day and collect information such as your device ID or IP address.

Cookies. We also use cookies on the Services. Cookies are small files that are stored on your mobile device through the Services. A cookie allows the Services to recognize whether you have visited before and may store user preferences and other information. For example, cookies can be used to collect or store information about your use of the Site during your current session and over time (including the pages you view and the files you download), your mobile device’s operating system, your IP address, and your general geographic location.

Pixel tags. A pixel tag (also known as a web beacon, clear GIF, pixel, or tag) is an image or a small string of code that may be placed in an advertisement, or email. It allows companies to set or read cookies or transfer information to their servers when you load a webpage or interact with online content. For example, we or our service providers may use pixel tags to determine whether you have interacted with a specific part of our Services, viewed a particular advertisement, or opened a specific email.

SDKs and mobile advertising IDs. Our Services may include third-party software development kits (“SDKs”) that allow us and our service providers to collect information about your activity. In addition, some mobile devices come with a resettable advertising ID (such as Apple’s IDFA and Google’s Advertising ID) that, like cookies and pixel tags, allow us and our service providers to identify your mobile device over time for advertising purposes.

Third-party online tracking. We also may partner with certain third parties to collect, analyze, and use some of the personal and other information described in this section. For example, we may allow third parties to set pixels and mobile advertising IDs through the App. This information may be used for a variety of purposes, including analytics and interest-based advertising, as discussed below (see the section entitled “How we share your information”).

Aggregated or deidentified information. We may also share aggregated or deidentified information about users of the Services, such as by publishing a report on trends in the usage of the Site or App. Such aggregated or deidentified information will not identify you personally.

How We Use Your Information

The purposes for which we use your information include to:

  • Provide you with our Services;
  • Respond to your questions or requests concerning the Services;
  • Fulfill the terms of any agreement you have with us;
  • Fulfill your requests for our Services or otherwise complete a transaction that you initiate;
  • Send you information about our Services and other topics that are likely to be of interest to you, including newsletters, updates, or other communications, including promotional emails;
  • Improve our artificial intelligence and machine learning;
  • Deliver confirmations, account information, notifications, and similar operational communications;
  • Improve your user experience and the quality of our products and Services;
  • Comply with legal and/or regulatory requirements;
  • Aggregate and deidentify information;
  • Serve advertisements;
  • Count and recognize visitors to the Services;
  • Analyze how visitors use the Services and its features;
  • Improve the Services and enhance users’ experiences with the Services;
  • Create new products and services or improving our existing Services;
  • Enable additional analytics and research concerning the Services; and
  • Manage our business.

We may link information gathered through the App or Site with information that we collect in other contexts. In that event, we will handle the combined information in a manner consistent with this Policy.

With Whom and Why We Share Your Information

We share your information with third parties for a variety of purposes, as described below.

Hospitals and other healthcare entities. If you sign up for our identity management services, we will share your information with hospitals, other healthcare facilities, and state and federal licensing entities that you wish to verify your identity and credentials.

Third-party subscribers. If you utilize our identity management services, we may share your profile information with third-party stakeholders who may have subscription access to our Services. The only information available to these third-party subscribers will be information that we have categorized as publicly available.

Third-party service providers. MediBlock uses third-party service providers that perform services on our behalf, including web-hosting companies, mailing vendors, and analytics providers. These service providers may collect and/or use your information, including information that identifies you personally, to assist us in achieving the purposes discussed above.

We may share your information with other third parties when necessary to fulfill your requests for services; to complete a transaction that you initiate; to meet the terms of any agreement that you have with us or our partners; or to manage our business.

Analytics. We partner with certain third parties to obtain the automatically collected information discussed above and to engage in analysis, auditing, research, and reporting. These third parties may use pixels or server logs, and they may set and access device IDs from your device. In particular, the Site uses Google Analytics to help collect and analyze certain information for the purposes discussed above. You may opt out of the use of cookies by Google Analytics here.

Interest-based Advertising. The Services also enable third-party tracking mechanisms to collect information about you and your computing devices for use in online interest-based advertising. For example, third parties, such as Facebook, may use the fact that you visited our Site or App to target online ads to you about our Services. In addition, our third-party advertising networks might use information about your use of our Services to help target advertisements based on your mobile activity in general. For information about interest-based advertising practices, including privacy and confidentiality, visit the Network Advertising Initiative website or the Digital Advertising Alliance website.

The use of online tracking mechanisms by third parties is subject to those third parties’ own privacy policies, and not this Policy. If you prefer to prevent third parties from setting and accessing cookies on your computer or other device, you may set your browser to block cookies. Additionally, you may remove yourself from the targeted advertising of companies within the Network Advertising Initiative by opting out here, or of companies participating in the Digital Advertising Alliance by opting out here. Although our Site currently does not respond to “do not track” browser headers, you can limit tracking through these third-party programs and by taking the other steps discussed above.

You can opt-out of interest-based by adjusting the advertising preferences on your mobile device (for example, in iOS, visit Settings > Privacy > Advertising > Limit Ad Tracking, and in Android, visit Settings > Google > Ads > Opt out of interest-based ads). You can also opt out for companies that participate in the Digital Advertising Alliance’s AppChoices tool by downloading it here and following the instructions in the app.

Legal purposes. We also may use or share your information with third parties when we believe, in our sole discretion, that doing so is necessary:

  • To comply with applicable law or a court order, subpoena, or other legal process;
  • To investigate, prevent, or take action regarding illegal activities, suspected fraud, violations of our terms and conditions, or situations involving threats to our property or the property or physical safety of any person or third party;
  • To establish, protect, or exercise our legal rights or defend against legal claims; or
  • To facilitate the financing, securitization, insuring, sale, assignment, bankruptcy, or other disposal of all or part of our business or assets.

Your Choices

If you wish to access, correct, or delete the personal information we have on file, you may contact us at alter_personal_info@mediblock.io .

If you wish to opt-out of marketing emails or text messages you receive from us, you may do so by following the instructions in those emails or messages or by contacting us at opt_out@mediblock.io.

This Services may contain links to third-party websites or services. If you use these links, you will leave the Services. We have not reviewed these third-party sites and do not control and are not responsible for any of these sites, their content, or their privacy policy. Thus, we do not endorse or make any representations about them, or any information, software, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party sites listed on our website, you do so at your own risk.

Data Security

We employ physical, technical, and administrative procedures to safeguard the personal information we collect online. However, no mobile app or website is 100% secure, and we cannot ensure or warrant the security of any information you transmit to the Services or to us. You transmit such information at your own risk.

Data Retention

We retain personal information about you necessary to fulfill the purpose for which that information was collected or as required or permitted by law. We do not retain personal information longer than is necessary for us to achieve the purposes for which we collected it. When we destroy your personal information, we do so in a way that prevents that information from being restored or reconstructed.

International Users

The information that we collect through or in connection with the Services is transferred to and processed in the United States for the purposes described above. We may also subcontract the processing of your data to, or otherwise share your data with, affiliates or third parties in the United States or countries other than your country of residence. The data-protection laws in these countries may be different from, and less stringent than, those in your country of residence. By using the Services or by providing any information to us, you expressly consent to such transfer and processing.

Children

Content on the Services is directed at individuals over the age of 18 and is not directed at children under the age of 13. We do not knowingly collect personally identifiable information from children under the age of 13.

Changes to this Policy

We may make changes to the Site or App in the future and as a consequence will need to revise this Policy to reflect those changes. We will post all such changes on the Site or App, so you should review this page periodically.

How to Contact Us

Should you have any questions or concerns about this Policy, you can contact us at by email at privacy_policy@mediblock.io.

These Terms of Use apply to the MediBlock App, Website and all services made available through the MediBlock App and our Website (collectively, including the MediBlock App and Website, “Services”). These Terms of Use are a legal agreement between you (“You” or “Your”) and MediBlock Inc. (“MediBlock” or “we”, “us” or “our”), establishing terms and conditions under which You shall access and use the Services. The date You first agree to these Terms of Use is referred to herein as the “Effective Date.” Your use of the Services is also subject to our Privacy Policy available on our Website at [url] as such Privacy Policy may be updated from time to time. You acknowledge and agree that features and functionality of the Services are expected to change frequently.

BEFORE YOU CLICK ON THE “I ACCEPT” BUTTON OR OTHERWISE ACCESS THE WEBSITE, THE MEDIBLOCK APP OR OTHERWISE USE THE SERVICES, CAREFULLY READ THESE TERMS OF USE. BY CLICKING ON THE “I ACCEPT” BUTTON, DOWNLOADING THE MEDIBLOCK APP OR USING THE SERVICES, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THESE TERMS OF USE, THEN DO NOT CLICK “I ACCEPT”, DO NOT ACCESS OR USE OUR WEBSITE OR SERVICES, AND DO NOT DOWNLOAD THE MEDIBLOCK APP.

FURTHER, THESE TERMS OF USE CONTAIN (A) AN AGREEMENT TO ARBITRATE, WHICH REQUIRES THAT YOU AND MEDIBLOCK ARBITRATE CERTAIN CLAIMS BY BINDING, INDIVIDUAL ARBITRATION INSTEAD OF GOING TO COURT AND LIMITS CLASS ACTION CLAIMS UNLESS YOU OPT OUT AS PROVIDED IN SUCH AGREEMENT TO ARBITRATE (SEE SECTION 10 “AGREEMENT TO ARBITRATE”); AND (B) certain terms and conditions which apply with respect to recurring subscription charges for certain paid account types (SEE SECTION 3 “FEES AND PAYMENT”).

  1. MediBlock APP AND WEBSITE.

    1.1 Access and Use. Subject to the terms and conditions of these Terms of Use, including payment of any applicable fees agreed in connection with Your registration or otherwise, MediBlock hereby grants to You a limited, non-exclusive, non-transferable right to access and use the MediBlock App solely for Your personal use and not for the benefit of any other person or entity.

    1.2 Restrictions. You shall not, directly or indirectly, and You shall not permit any third party to, (i) reverse engineer, decompile, disassemble or otherwise attempt to discover the object code, source code or underlying ideas or algorithms of the Services; (ii) modify, translate, or create derivative works based on any element of the Services or any related documentation; (iii) rent, lease, distribute, sell, resell, assign, or otherwise transfer its rights to use the Services, including the MediBlock App; (iv) use the Services for any purpose other than their intended purpose; (v) interfere with or disrupt the integrity or performance of the Services; or (vi) attempt to gain unauthorized access to the Services.

    1.3 Login Credentials. MediBlock will enable You to establish a username and password for access and use of the MediBlock App and certain other Services. You are responsible for maintaining the confidentiality and security of all such login credentials. You are solely responsible for any and all access and use of the Services that occurs under Your login credentials. You agree to immediately notify MediBlock of any unauthorized use of, or access to, Your login credentials.

    1.4 Security. You shall not circumvent or otherwise interfere with any user authentication or security of our Services. MediBlock will deploy commercially reasonable security precautions intended to protect against unauthorized access to any Your Information on the MediBlock App or otherwise stored by MediBlock in connection with Your use of our Services. MediBlock will exercise reasonable efforts to deploy corrections within the MediBlock App for security breaches made known to MediBlock. You acknowledge that, notwithstanding the security precautions deployed by MediBlock, the use of, or connection to, the Internet provides the opportunity for unauthorized third parties to circumvent such precautions and illegally gain access to the MediBlock App, Website and Your Information. MediBlock cannot and does not guarantee the privacy, security, integrity or authenticity of any information transmitted over or stored in any system connected to or accessible via the Internet or otherwise or that any such security precautions will be adequate or sufficient.

  2. YOUR INFORMATION; PUBLIC DATA.

    2.1 Submission of Your Information. You will be required to provide certain information in connection with Your registration for our Services and You may provide other information to us, including without limitation data and other media related to Your medical professional credentials (“Your Information”). You are responsible for the accuracy, quality, integrity, legality, reliability, appropriateness of all Your Information. By providing any of Your Information, You represent, warrant and covenant that (i) You have the right to provide Your Information for the purposes set forth in these Terms of Use; and (ii) any such medical professional credentials within Your Information are legitimate, accurate representations of Your medical professional credentials and have not been produced, obtained or maintained through dishonest, fraudulent, unethical or illegal means. You are solely responsible for Your Information that You submit, use, display or share on or via the Services. You must not submit, upload, post, display or share any of Your Information that You do not have the right to copy, use or share for the purpose of Your use of the Services. If You choose to provide Your Information to use, register for or participate in a service, event, or promotion on our Services, You agree that You will provide accurate, complete, and up to date information as requested on the screens that collect information from You. Your Information is subject to the license rights set forth in these Terms of Use. Without limiting the foregoing, You agree that, in connection with Your submission of Your Information or other use of the Services, You will not (a) submit Your Information You know is false, misleading, untruthful, or inaccurate; (b) impersonate another person; (c) introduce viruses, worms, Trojan horses and/or harmful code to the Services; (d) obtain unauthorized access to any computer system through the Services; (e) invade the privacy of any person, including but not limited to uploading personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 13 years of age); or (f) iolate any federal, state, local, or international law or regulation.

    2.2 Publically Available Data. You acknowledge and agree that MediBlock may from time-to-time source publically available data regarding You and Your medical professional credentials. This data may be used to augment Your medical professional credentials within Your Information. Although MediBlock understands and agrees that You are not responsible for such data, You agree to promptly notify MediBlock in the event You become aware that any such data it inaccurate or misleading.

    2.3 Integration with Third Party Data Services. Our Services are designed to interact with certain medical professional credential services (“Third Party Data Services”) available from our third party partners (“Third Party Data Service Providers”). Certain of such Third Party Data Services, and the terms and conditions governing such services, are between You and such Third Party Data Service Providers and may be subject to fees charged to You by such Third Party Data Service Providers (such data, “Your Third Party Data”). Other Third Party Data Service Providers are our licensors, and provide us medical professional credential pursuant to licensing arrangements between MediBlock and the applicable Third Party Data Service Providers (such data, “Our Third Party Data”). Neither Your Third Party Data nor Our Third Party Data is Your Information, and (i) Your Third Party Data is subject to agreements between You and the applicable Third Party Data Service Provider; and (ii) Our Third Party Data is subject to agreements between us and the applicable Third Party Data Service Provider.

    2.4 Sharing of Your Third Party Data with MediBlock. Subject to your approval within the Services intergace as to each applicable Third Party Data Service Provider, You authorize MediBlock to receive Your Third Party Data and you further authorize MediBlock to direct the applicable Third Party Data Service Provider to provide Your Third Party Data to MediBlock as requested by MediBlock from time to time, notwithstanding anything to the contrary in your agreements with such Third Party Data Service Providers. Subject to your approval within the Services intergace as to each applicable Third Party Data Service Provider, You agree to assist MediBlock in obtaining Your Third Party Data from the applicable Third Party Data Service Provider(s) upon our request from time to time.

  3. FEES AND PAYMENT.

    3.1 General. MediBlock’s third party payment processor is Stripe, Inc. or such other third-party payment processors as MediBlock may utilize from time to time (“Payment Processor”). MediBlock does not collect or store Your credit card information. You can find out more about MediBlock’s privacy practices in MediBlock’s Privacy Policy. By providing a credit card or other payment method accepted by MediBlock and the applicable Payment Processor and using the Services, You represent and warrant that You are authorized to use the designated payment method. If the payment method You provide cannot be verified, is invalid or is otherwise not acceptable, Your account may be suspended or cancelled. You must resolve any problem MediBlock or the Payment Processor encounters in order to proceed with Your use of Your account.

    3.2 Fees for Service Account. By signing up for any paid Services account and providing Your payment information, You agree to pay the applicable Payment Processor the recurring and/or nonrecurring fees as displayed to You at the time You create Your account and as may be modified from time to time as described in this these Terms of Use, as well as any other fees You expressly choose to incur in connection with Your use of the Services. Unless otherwise specified upon enrollment, for subscription products or services, Your payment method will be authorized for up to a month for the applicable Services account type and on a monthly basis thereafter until You cancel the subscription. You acknowledge and agree that the payment method provided by You will be automatically charged the fees You incur in connection with Your use of the Services, and represent and warrant that You have all necessary rights relating to such payment instrument to authorize MediBlock to make such charges. Your use of the Services may be suspended if MediBlock or the applicable Payment Processor is unable to charge such payment instrument for any reason or if Your account is otherwise past due. The fees applicable to Your account may be subject to modification from time to time pursuant to notice (which may be given via e-mail) provided by MediBlock at least thirty (30) days in advance of the payment date for which the modification would be effective. You may at any time cancel Your account as set forth below if You do not agree to any modified fees. All fees must be paid in U.S. dollars (or such other currency(ies) which may be accepted by MediBlock from time to time, as indicated at the time of payment) and are non-refundable.

    3.3 Cancellation of Services Account. YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME BY CONTACTING MEDIBLOCK AT CANCEL-THIS@MEDIBLOCK.IO OR BY DOWNGRADING/CANCELLING YOUR ACCOUNT IN THE SETTINGS SECTION ON THE SERVICES. IF YOU CANCEL YOUR SUBSCRIPTION, YOU MAY STILL USE YOUR SUBSCRIPTION UNTIL THE END OF YOUR THEN-CURRENT SUBSCRIPTION MONTH. TO NOT BE CHARGED FOR YOUR SUBSCRIPTION FOR THE FOLLOWING SUBSCRIPTION MONTH, YOU MUST CANCEL YOUR SUBSCRIPTION AT LEAST THIRTY (30) DAYS PRIOR TO THAT MONTH, OR YOU WILL OTHERWISE BE CHARGED FOR THAT MONTH’S SUBSCRIPTION. ALL CANCELLATION REQUESTS RECEIVED LESS THAN THIRTY (30) DAYS BEFORE THE FOLLOWING SUBSCRIPTION MONTH WILL APPLY TO THE FOLLOWING CYCLE.

  4. DISCLAIMERS.

    4.1 Warranty Disclaimer. THE MEDIBLOCK APP, WEBSITE AND OTHER SERVICES ARE PROVIDED TO YOU ON AN AS-IS BASIS. YOUR USE OF THE MEDIBLOCK APP, WEBSITE AND OTHER SERVICES IS AT ITS OWN RISK. MEDIBLOCK DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. MEDIBLOCK DISCLAIMS ALL LIABILITY FOR THE LOSS OF DATA ENTERED INTO OR SAVED IN THE MEDIBLOCK APP OR WEBSITE.

    4.2 Third Party Product Descriptions and Links.

    (a) Third Party Products. We do not currently sell third-party products or Services through our Website or MediBlock App, but may do so in the future. We may, however, provide certain information or descriptions about products (collectively “Product Descriptions”) that we prepare or that we obtain from independent third parties, such as from Continuing Medical Education service providers or other third party vendors. We do not warrant that Product Descriptions or any prices that are referenced are accurate, complete, reliable, current or error-free. You agree that MediBlock is not liable in any way for the accuracy, completeness, timeliness or correct sequencing of the Product Descriptions or other MediBlock Content, or for any decision made or action taken by You relying upon the Product Descriptions or other MediBlock Content.

    (b) Links to Third Party Sites. External links on our Services may lead to other websites, including advertised products sold by outside vendors and companies. We are not liable for the content, goods, services, advertising, or other materials found on these external websites. Although we may display ads and have an affiliate referral relationship with third parties, we do not own or control outside companies selling products accessed through our Services, and are not responsible or liable for their company policies or the quality of their merchandise or services. Before buying anything, users are advised to carefully investigate the individual company policies of all online purchases that they intend to make. From time to time, MediBlock may be a participant in certain affiliate advertising programs designed to provide a means for websites to earn advertising fees by advertising and linking to certain third parties. Any logo of a third party used on the MediBlock App, Website or other portion of our Services is a trademark of such third party or its affiliates.

    (c) No Third Party Endorsements. In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by MediBlock of that third party or of any product or service provided by a third party. Likewise, a link (including without limitation external websites that are framed by the Services as well as any advertisements displayed in connection therewith) to any third party website does not imply that we endorse or accept any responsibility for the content or use of such a website. MediBlock does not warrant the performance of any third party.

  5. PROPRIETARY RIGHTS.

    5.1 Ownership. We acknowledge that, as between You and MediBlock, You are the sole and exclusive owner of Your Information. You acknowledge that the MediBlock App, Website and other content available through our Services (other than Your Information), and all intellectual property rights therein, are the sole and exclusive property of MediBlock and its licensors. The service marks and trademarks of MediBlock, including without limitation “MediBlock” and the MediBlock logo, are service marks owned by MediBlock Inc. Any other trademarks, service marks, logos and/or trade names appearing via the Services are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.

    5.2 License to Your Information. You grant to MediBlock a royalty-free, nonexclusive, irrevocable, limited right and license to use the Your Information (a) in order to provide the Services; (b) to analyze and improve the MediBlock App, Website and any other portion of the Services; and/or (c) to compile and use aggregate or de-identified data, statistics, measurements or other metrics derived from Your Information (including in combination with the aggregate or de-identified customer data of other MediBlock customers) for its own purposes. Aggregate or de-identified data means data that does not identify You or any other individual.

    5.3 Disclosure of Your Information. MediBlock shall not disclose Your Information to third parties, except as permitted under these Terms of Use or under the Privacy Policy.

    5.4 Limited Feedback License. You hereby grant to MediBlock, at no charge, a non-exclusive, royalty-free, worldwide, transferable, sublicensable (through one or more tiers), perpetual, irrevocable license in and to suggestions, comments and other forms of feedback (“Feedback”) regarding the MediBlock App, Website or other Services, including Feedback regarding features, usability and use, and bug reports, to reproduce, perform, display, create derivative works of the Feedback and distribute such Feedback and/or derivative works in the Services or any other products or services. Feedback is provided by You “as is” without warranty of any kind by You.

  6. Indemnification.

    By using our Services, You agree to indemnify, hold harmless and defend MediBlock and its officers, directors, employees and suppliers from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that arises in connection with Your use of the Services and/or Your Information.

  7. Limitation of Liability.

    7.1 No Consequential Damages. MEDIBLOCK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY DAMAGES FOR LOST DATA, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION, ANY SUCH DAMAGES ARISING OUT OF THE LICENSING, PROVISION OR USE OF THE MEDIBLOCK APP, WEBSITE OR OTHER SERVICES, OR RESULTS THEREOF. MEDIBLOCK WILL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.

    7.2 Limits on Liability. MEDIBLOCK SHALL NOT BE LIABLE FOR CUMULATIVE, AGGREGATE DAMAGES GREATER THAN THE GREATER OF (A) $150 OR (B) THE SUM OF THE AMOUNTS HAVING THEN ACTUALLY BEEN PAID BY YOU TO MEDIBLOCK UNDER THESE TERMS OF USE DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE, MINUS, IN ALL CIRCUMSTANCES, ANY AMOUNTS PREVIOUSLY PAID (AS OF THE DATE OF SATISFACTION OF SUCH LIABILITY) BY MEDIBLOCK TO YOU IN SATISFACTION OF ANY LIABILITY FOR DAMAGES UNDER THESE TERMS OF USE.

    7.3 Essential Purpose. You acknowledge that the terms in this Section 7.3 are an essential basis of the bargain described in these Terms of Use and that, were MediBlock to assume any further liability, the fees payable hereunder would out of necessity, be set much higher. THE LIMITATIONS IN THIS SECTION 7.3 SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SHALL APPLY EVEN IF AN EXCLUSIVE OR LIMITED REMEDY STATED HEREIN FAILS OF ITS ESSENTIAL PURPOSE.

  8. TERM AND TERMINATION.

    8.1 Term. The term of these Terms of Use shall commence on the Effective Date and continue until terminated as provided in these Terms of Use.

    8.2 Termination. MediBlock reserves the right to terminate these Terms of Use for no reason in its sole discretion at any time; provided that, in the event such termination of fee-bearing Services without cause, MediBlock will provide a pro-rata refund to You of any pre-paid fees. Further, either party may terminate these Terms of Use upon written notice to the other party in the event the other party (a) becomes insolvent or bankrupt or admits its inability to pay its debts as they mature, makes an assignment for the benefit of its creditors or ceases to function as a going concern or to conduct its operations in the normal course of business and such termination shall occur immediately upon notice; or (b) commits a material breach of any provision of these Terms of Use and does not remedy such breach within thirty (30) days after receipt of notice from the non-defaulting party or such other period as the parties may agree.

    8.3 Effects of Termination. Upon expiration or termination of these Terms of Use, Your use of and access to the MediBlock App and other Services, and Your right to access and use the Website, shall cease and MediBlock shall have no obligation to maintain or provide any Your Information and may in our discretion, unless legally prohibited, delete all Your Information in our systems or otherwise in our possession or under its control.

  9. AGREEMENT TO ARBITRATE.

    9.1 Agreement to Arbitrate. This Section 9 is referred to herein as the “Arbitration Agreement.” The parties that any and all controversies, claims, or disputes between You and MediBlock arising out of, relating to, or resulting from these Terms of Use, shall be subject to binding arbitration pursuant to the terms and conditions of this Arbitration Agreement, and not any court action (other than a small claims court action to the extent the claim qualifies). The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. 9.2 Class Action Waiver. THE PARTIES AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). 9.3 Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures (the “AAA Rules”), as modified by this Arbitration Agreement. If there is any inconsistency between the AAA Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Use as a court would, including without limitation, the limitation of liability provisions in Section 7. You may visit http://www.adr.org for information on the AAA and http://www.adr.org/fileacase for information on how to file a claim against MediBlock. 9.4 Venue. The arbitration shall be held in the county in which You reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, You or MediBlock may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on each party, but subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by either or both parties unless the arbitrator requires otherwise. 9.5 Governing Law. The arbitrator will decide the substance of all claims in accordance with the laws of the state of California, without regard to its conflicts of laws rules, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Services users, but is bound by rulings in prior arbitrations involving You to the extent required by applicable law. 9.6 Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA’s Rules. Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees. 9.7 Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties. 9.8 Severability. If a court decides that any term or provision of this Arbitration Agreement other than Section 9.2 is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any of the provisions of Section 9.2 is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of these Terms of Use will continue to apply.

  10. Miscellaneous.

    10.1 Entire Agreement. These Terms of Use, together with any supplemental terms expressly agreed by the parties through the MediBlock App or Website concurrently herewith or subsequent hereto, constitutes the entire agreement between the parties relating to this subject matter and supersedes all prior or simultaneous understandings, representations, discussions, negotiations, and agreements, whether written or oral.

    10.2 Changes to these Terms of Use; Waiver. MediBlock may make modifications, deletions and/or additions to these Terms of Use (“Changes”) at any time. Changes will be effective: (i) thirty (30) days after MediBlock provides notice of the Changes, whether such notice is provided through the Services user interface, is sent to the e-mail address associated with Your account or otherwise; or (ii) when You opt-in or otherwise expressly agree to the Changes or a version of these Terms of Use incorporating the Changes, whichever comes first. Under these Terms of Use, You consent to receive communications from MediBlock electronically. No term or provision hereof shall be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing signed on behalf of the party against whom the waiver is asserted. No consent by either party to, or waiver of, a breach by either party, whether express or implied, shall constitute consent to, waiver of, or excuse of any other, different, or subsequent breach by either party.

    10.3 Severability. If any provision of these Terms of Use is held invalid or unenforceable for any reason, the remainder of the provision shall be amended to achieve as closely as possible the economic effect of the original term and all other provisions shall continue in full force and effect.

    10.4 Governing Law. These Terms of Use and the rights and obligations of the parties to and under this agreement shall be governed by and construed under the laws of the State of California as applied to agreements entered into and to be performed in such State without giving effect to conflicts of laws rules or principles which would apply the laws of any other state or country. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these Terms of Use. Subject in all respects to Section 9 hereof, for any disputes arising out of these Terms of Use, the parties consent to exclusive jurisdiction and venue in the state and federal courts located in the State of California.

    10.5 Force Majeure. Neither party shall be liable for any failure or delay in performance under these Terms of Use due to fire, explosion, earthquake, epidemic, storm, flood or other weather; unavailability of necessary utilities or raw materials; Internet service provider failures or delays, or denial of service attacks; war, civil unrest, acts of terror, insurrection, riot, acts of God or the public enemy; strikes or other labor problems; any law, act, order, proclamation, decree, regulation, ordinance, or instructions of government or other public authorities, or judgment or decree of a court of competent jurisdiction (not arising out of breach by such party of these Terms of Use); or any other event beyond the reasonable control of the party whose performance is to be excused.

    10.6 Assignment. You shall not assign its rights or obligations under these Terms of Use, whether voluntarily or by operation of law or otherwise, without MediBlock’s prior written consent. MediBlock may assign its rights or obligations under these Terms of Use without Your prior written consent. Any purported assignment or transfer in violation of this section shall be void. Subject to the foregoing restrictions, these Terms of Use will bind and benefit the parties and their successors and permitted assigns.

    10.7 Relationship of the Parties. MediBlock is an independent contractor to You. There is no relationship of agency, partnership, joint venture, employment, or franchise between the parties. Neither party has the authority to bind the other or to incur any obligation on its behalf.

    10.8 Export. The MediBlock App and Website utilize software and technology that may be subject to United States and foreign export controls. You acknowledge and agree that the Services shall not be used, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to countries as to which the United States maintains an embargo (collectively, “Embargoed Countries”), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders (collectively, “Designated Nationals”). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the Subscription Services, You represent and warrant that You are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. The MediBlock App may use encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations, 15 C.F.R. Parts 730-774 and Council Regulation (EC) No. 1334/2000. You agree to comply strictly with all applicable export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required. MediBlock and its licensors make no representation that the Services are appropriate or available for use in other locations.

    10.9 Contact Us. Please contact us at hello-mediblock@mediblock.io if You have any questions about our MediBlock App, Website or other Services.

    These Terms of Use last updated on May 26, 2021.

    Copyright © 2021 MediBlock Inc.