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
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
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.
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
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.