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Kinnser ADL Family Portal Terms of Service

Welcome to Kinnser ADL Family Portal.
1. Your Agreement with Kinnser Software

Your use of Kinnser ADL Family Portal is governed by this agreement. "Kinnser ADL" means adlware.com; which is owned and operated by Kinnser Software Corporation located at 2600 Vía Fortuna #150 Austin, TX 78746, United States, and its subsidiaries or affiliates involved in providing Kinnser ADL Family Portal.

2. Not Medical Advice; U.S. Use Only

Kinnser ADL Family Portal does not offer medical advice. Any content accessed through Kinnser ADL Family Portal 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 Kinnser ADL Family Portal . Call 911 or your doctor for all medical emergencies. You may only use Kinnser ADL Family Portal if you reside in the United States.

3. Your Account and Use of Kinnser ADL Family Portal

You must provide accurate and complete registration information any time you register to use Kinnser ADL Family Portal . You are responsible for the security of your passwords and for any use of your account. You must immediately notify Kinnser Software of any unauthorized use of your password or account by following the instructions at this link: http://www.kinnser.com/support Your use of Kinnser ADL Family Portal and any content accessed through Kinnser ADL Family Portal 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 Kinnser ADL Family Portal. You may not access Kinnser ADL Family Portal other than by the interfaces provided by Kinnser Software or interfere with or disrupt the proper operation of Kinnser ADL Family Portal.

4. Use of Your Information

If you create, transmit, or display health or other information while using Kinnser ADL Family Portal, you may provide only information that you own or have the right to use. When you provide your information through Kinnser ADL Family Portal, you give Kinnser Software a license to use and distribute it in connection with Kinnser ADL Family Portal and other Kinnser Software services. However, Kinnser Software may only use health information you provide as permitted by the Kinnser ADL Family Portal Privacy Policy, your Sharing Authorization, and applicable law. Kinnser Software is not a "covered entity" under the Health Insurance Portability and Accountability Act of 1996 and the regulations promulgated thereunder ("HIPAA"). As a result, HIPAA does not apply to the transmission of health information by Kinnser Software to any third party.

5. Additional Terms

Your use of Kinnser ADL Family Portal and any content accessed through Kinnser ADL Family Portal is subject to each of the additional terms provided in connection with Kinnser ADL Family Portal, including the Kinnser ADL Family Portal Privacy Policy, the Sharing Authorization, and the Kinnser ADL Family Portal Legal Notices.

6. Content and Services Accessed through Kinnser ADL Family Portal

Kinnser ADL Family Portal may include content that you find offensive, including health-related content that is sexually explicit. Kinnser Software may make third-party services available through Kinnser ADL Family Portal. 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. Kinnser Software 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. Kinnser Software further does not endorse any third-party service providers, other health care providers, products, services, opinions, or web sites accessed through Kinnser ADL Family Portal. USE OF THESE SERVICES AND RELIANCE ON THIS CONTENT IS SOLELY AT YOUR OWN RISK. KINNSER SOFTWARE 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 Kinnser Software's "Licensors".

7. Kinnser Software Proprietary Rights

Kinnser Software and its Licensors own all proprietary rights to Kinnser ADL Family Portal. Kinnser Software gives you a personal, revocable, non-assignable, and non-exclusive license to use Kinnser ADL Family Portal.

8. Modification and Termination of Kinnser ADL Family Portal

Kinnser Software may place limits on, modify, suspend or terminate Kinnser ADL Family Portal generally, and may suspend or terminate your use of Kinnser ADL Family Portal if you fail to comply with this agreement. This suspension or termination may delete your information, files, and other previously available content. If Kinnser Software terminates Kinnser ADL Family Portal or your use of Kinnser ADL Family Portal, this agreement will also terminate, but Sections 3, 5, 7, 8, and 10-13 shall continue to be effective after this agreement is terminated.

9. Changes to this Agreement

Kinnser Software may change this agreement. If you do not agree to the modified agreement, you should stop using Kinnser ADL Family Portal. Your continued use of Kinnser ADL Family Portal after the date the modified agreement is posted will constitute your acceptance of the modified agreement.

10. Indemnification

You will defend or settle any third-party claim against Kinnser Software, any third party Kinnser ADL Family Portal feature providers, or any of Kinnser Software's other licensors arising out of or related to your use of Kinnser ADL Family Portal.

11. Exclusion of Warranties

NEITHER KINNSER SOFTWARE NOR ANY OF KINNSER SOFTWARE'S LICENSORS MAKE ANY EXPRESS WARRANTIES, AND EACH OF THEM DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER KINNSER SOFTWARE NOR ANY OF KINNSER SOFTWARE'S LICENSORS MAKE ANY WARRANTY THAT THE CONTENT IN KINNSER ADL FAMILY PORTAL SATISFIES GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS. CONTENT IN KINNSER ADL FAMILY PORTAL IS DEVELOPED FOR USE IN THE UNITED STATES, AND NEITHER KINNSER SOFTWARE NOR ANY OF KINNSER SOFTWARE'S LICENSORS MAKE ANY REPRESENTATION CONCERNING THE CONTENT WHEN USED IN ANY OTHER COUNTRY.

12. Limitation of Liability

NEITHER YOU NOR KINNSER SOFTWARE OR ANY OF ITS LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, EVEN IF THE PARTY 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 THEY ARE LAWFUL IN YOUR JURISDICTION. NEITHER YOU NOR KINNSER SOFTWARE OR ANY OF ITS LICENSORS 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.

13. General Legal Terms

If you have not signed a separate written agreement with Kinnser Software related to Kinnser ADL Family Portal, this agreement is the entire agreement between you and Kinnser Software related to Kinnser ADL Family Portal, replacing any prior agreements. If there is any conflict between this agreement and a signed written agreement between you and Kinnser Software related to Kinnser ADL Family Portal, the signed written agreement will control. Kinnser Software's Licensors may be third party beneficiaries to this agreement. There are no other third party beneficiaries to this agreement. The parties are independent contractors, and nothing in this agreement creates an agency, partnership, or joint venture. If Kinnser Software 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 California law, excluding California's choice-of-law rules. THE EXCLUSIVE VENUE FOR ANY DISPUTE RELATING TO THIS AGREEMENT IS DELEWARE. YOU AND KINNSER SOFTWARE CONSENT TO THE PERSONAL JURISDICTION OF THESE COURTS. Nothing in this agreement limits either party's ability to seek equitable relief.