This Agreement sets out the legally binding terms of your use of this Service and may be modified by KJT Group at any time and without prior notice, such modifications to be effective upon posting by KJT Group on this Website. Your continued use of this Service after any modifications are posted constitutes your consent to such modifications. This Agreement includes our acceptable use policy for content posted on the Service and notices regarding the Website.
KJT Group provides this Service to promote a community to connect medical patients, caregivers, and professionals. This Service does not provide medical advice and KJT Group is not licensed to provide medical diagnoses, treatments, or other medical services that are provided by doctors, pharmacists, nurses, or other medical professionals. Content appearing on this Service does not constitute medical advice and is not the practice of medicine. A physician-patient or provider-patient relationship is not established through In My Corner.
YOU MAY NOT USE THIS SERVICE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO ANY PORTION OF THIS SERVICE MAY BE TERMINATED IMMEDIATELY IN KJT GROUP'S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT OR FOR ANY OTHER REASON.
Eligibility. By using the Service, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of its terms and conditions.
Term. This Agreement will remain in full force and effect while you use the Service and/or are a Member. You may deactivate your membership at any time by notifying our administrators and including "DEACTIVATE" in the subject line and within the message. KJT Group may terminate your membership at any time for any reason. In the event of deactivation or termination, other terms of this Agreement will remain in effect.
Noncommercial Use by Members. The Service is for the personal use and enjoyment of individual members (“Members”) only and may not be used in connection with any commercial endeavors. You may not use or copy content from this Service for use with any other product or service, and illegal or unauthorized uses of this Service are prohibited.
KJT Group's Property. KJT Group either owns or is licensed to use all proprietary rights in this Service, including all copyrights, trademarks, and patent rights associated with this Service. Except for information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
Registration. While you can view some features of this Service without registering, you must register to use all of the features of the Service, including to post a profile, to post other content, or to communicate with other Members. When you register for this Service you are required to provide certain information and are provided an opportunity to create a profile containing additional, optional information. We will send you an e-mail at the address you provide to confirm your membership, after which your membership will be activated. You will be asked to select a user screen name and password.
You must provide us with current, complete, and accurate information as requested by the registration form. Updating this information is your responsibility.
After you have completed the registration form, you may be asked to choose a user identification (screen name) and password. Screen names are subject to In My Corner's approval and may not contain misleading or objectionable material. It is your responsibility to maintain the confidentiality of your password and account. Additionally, you are responsible for any and all activities that occur under your account. You agree to notify KJT Group immediately of any unauthorized use of your account. KJT Group is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
If this Service does not recognize your device from a previous sign-in, you will be asked for information that will help us to identify your registration.
Policy Regarding Postings. After you have registered and your membership is confirmed, you will be able to post content on the Service (“Content”) and communicate with other Members. You are solely responsible for the Content that you publish or display (hereinafter, "post") or transmit to other Members via the Service. By posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to KJT Group an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
KJT Group does not control and is not responsible for any notes, messages, billboard postings, photographs, profiles or other materials posted or delivered to the Service by you or other Members. KJT Group is not obligated to and does not regularly review, monitor, delete, or edit postings. However, KJT Group reserves the right to do so at any time in its sole discretion, for any reason or no reason, and to delete or edit any posting that is objectionable, offensive, illegal, or in violation of this Agreement with or without notice. You agree that you have no recourse against KJT Group if we refuse to post, or if we delete or refuse to delete, any post by you or other members.
You agree that you will not:
- Post or deliver any unsolicited advertisement, promotional materials, junk e-mail, bulk e-mail (also known as "spam"), chain letters, surveys or contests, or solicit participation in any pyramid schemes, without our express prior written consent. The number of postings by any Member is subject to reasonable limits at the discretion of KJT Group.
- Post or deliver any advertisement or solicitation via the Service to buy or sell any products or services, or engage in commercial activities and/or sales, without our prior written consent.
- Post or deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortuous, harassing, hateful or otherwise objectionable.
- Post or deliver, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of medical condition, religion, race, ethnicity, sexual orientation, gender, age, or disability.
- Post or deliver, or provide links to, any postings containing defamatory, false or libelous material.
- Post or deliver information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous.
- Post or deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity.
- Post or deliver any posting to that you do not have a right to make available under law or contractual or fiduciary relationships.
- Post or deliver information that violates our community guidelines.
- Impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another.
- Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver.
- Use this Service in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of the Service or other users' computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment.
- Attempt to gain unauthorized access to this Service, any related website, other accounts, computer system, or networks connected to this Service, through hacking, password mining, or any other means.
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Service, including harvesting or otherwise collecting information about others such as e-mail addresses.
You are solely responsible and liable for postings delivered to the Service using your account. Any violation of these provisions can subject your In My Corner membership to immediate termination and, possibly, further legal action. We reserve the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators.
Fees. Access to and use of this Service are currently available without charge. We reserve the right to charge a fee for access to or use of this Service in the future. You will be given prior notice in the event we decide to charge a fee for use of this Service.
Disclaimer of Warranties. The information and opinions expressed in postings on this Service are not necessarily those of KJT Group or its content providers, advertisers, business partners, or related entities, or of any health association to which this Service is linked, and KJT Group is not responsible for any incorrect or inaccurate Content posted on the Service, whether by KJT Group, its business partners, Members, or due to equipment or computer programming associated with this Service. Under no circumstances will KJT Group be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of this Service, any Content posted on this Service or transmitted to Members, or any interactions between users of the Service, whether online or offline. KJT Group assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. KJT Group is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of e-mail on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Service.
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS SERVICE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS SERVICE, WHETHER PROVIDED BY KJT GROUP, THIRD PARTIES, OR OTHER MEMBERS, ARE PROVIDED ON AN "AS IS" BASIS. KJT GROUP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS SERVICE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KJT GROUP DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. KJT GROUP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS SERVICE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. KJT GROUP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS KJT GROUP WEBSITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.
Links. Our Service may contain links to websites or advertising content operated or provided by third parties. We provide these for your convenience. We do not monitor or control the linked sites and KJT Group is not liable or responsible for any of the content or services available at these sites.
Member Disputes. You are solely responsible for your interactions with other In My Corner Members. KJT Group, Inc. reserves the right, but has no obligation, to monitor disputes between you and other Members.
Limitations on Liability. In no event shall any organization for whom KJT Group created a group within the Service, KJT Group, its subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in making available the Service and its contents be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of the Service; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained on the Service or any information, software, products, services, and related graphics obtained through the Service; (vi) any transactions entered into through this Service; (vii) any property damage including damage to your computer or computer system caused by viruses or other harmful components, during or on account of access to or use of this Service or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of the Service. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if KJT Group has been advised of the possibility of damages.
Indemnification. You agree to indemnify and hold harmless KJT Group and its officers, directors, employees, subsidiaries, agents, affiliates and other partners from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees, resulting from your breach of any provision of this Agreement.
No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between KJT Group and any User of the Service.
General Information. This Agreement and any disputes arising out of or relating to this Agreement shall be governed by, construed and enforced in accordance with the laws of the State of New York, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles.
Mediation/Arbitration; WAIVER OF JURY TRIAL; No Class Action. Any dispute arising under this Agreement shall be decided by mediation or binding arbitration. Such mediation or arbitration shall be conducted in accordance with the Commercial Mediation or Arbitration Rules of the American Arbitration Association in effect at the time of this Agreement, with Rochester, New York, as the designated locale. A demand for mediation shall be filed in writing with the other party and with the American Arbitration Association, and shall be made within a reasonable time after the dispute first arises, and in no event after the date when the institution of legal or equitable proceedings based on such Disputes would be barred by the applicable statute of repose or limitations. If a dispute is not resolved through mediation, then a dispute shall be resolved through arbitration. The decision of the arbitrator shall be final and binding. This agreement to arbitrate shall be specifically enforceable in accordance with the laws of New York State.
YOU AND KJT GROUP EACH WAIVE YOUR RIGHTS TO A TRIAL BY JURY OF ALL CLAIMS OR CAUSES OF ACTION (INCLUDING COUNTERCLAIMS) RELATED TO OR ARISING OUT OF THIS AGREEMENT BROUGHT BY EITHER PARTY AGAINST THE OTHER. THIS WAIVER WILL APPLY TO ANY SUBSEQUENT AMENDMENTS OF OR MODIFICATIONS TO THIS AGREEMENT. All claims between the parties related to this Agreement will be mediated or arbitrated individually, and you may not consolidate or seek class treatment for any claim with respect to this Service.
If any provision of this Agreement, or the application thereof to any person or circumstances, is held invalid or for any reason, unenforceable including, but not limited to, the warranty disclaimers and liability limitations, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
Assignment. This Agreement may be assigned by KJT Group in the event of a transfer of control of In My Corner or KJT Group, Inc., without the consent of the Member.
Contact. If you have any questions concerning this Agreement, you may send them by e-mail to In My Corner site administrators or via postal mail to:
Six East St
Honeoye Falls, NY, 14472
European Union and Other Foreign Nations. This KJT Group website is governed by and operated in accordance with the laws of United States of America and is intended for enjoyment of residents of the United States. KJT Group makes no representation that this website is governed by or operated in accordance with the laws of other nations. By using this site and submitting any personal information, visitors from outside of the United States acknowledge the this site is subject to U.S. law, consent to the transfer of personal data to the U.S., and waive any claims that may arise under their own national laws.
Response to Electronic Communication
Emergency situations requiring immediate attention should not be submitted electronically. In My Corner will try to provide response to electronic inquiries. However, delays may occur based upon message volume, availability of staff, the complexity of the patient's condition, or technology disruptions. Therefore, In My Corner cannot guarantee that messages will be responded to, so you should allow at least three (3) business days for a response. We are only able to respond to communications based on the information provided by the user. If there is insufficient information provided, we will be unable to provide reliable or accurate response.
Web Site Links
In My Corner may offer links to related medical Web sites not managed by In My Corner. These Web site link(s) are for a user's informational purposes only. In My Corner does not endorse and has not verified the accuracy of the information in/on these Web sites, and the user should not rely on any of the information found on the Web sites for purposes of treatment or diagnosis.
Patients who are users of In My Corner should be aware that they will be notified via e-mail when there is new information to be viewed on In My Corner. This means that any person with access to a patient's e-mail will be able to see this notification. This could include members of your family or anyone else that can access to your e-mail account. Although no private medical information will be sent, the notification that new medical information is available by accessing In My Corner may be information that a patient would not want others to know. Thus, patients should take this into account when providing an e-mail address or using In My Corner. If you send us an e-mail communication, it may be shared with the Hospital staff that assists the physician in providing the patient's medical care. A patient's confidential medical information on In My Corner will be accessible only to appropriate clinical staff.
User names and passwords provide two layers of authentication and are stored in an encrypted database that is isolated from the Internet. As an In My Corner user, your role in maintaining the security of your information is to change your password on a regular basis and to keep your In My Corner ID name and password confidential. This is part of your In My Corner Terms and Conditions of Use and Authorization contained in this document. This Website uses encryption software, and In My Corner has implemented reasonable and appropriate security measures to protect your medical information. When using In My Corner, information will be transmitted over an Internet medium that is beyond the control of In My Corner and its contractors. You are responsible for ensuring that the computer system(s) you use to access In My Corner have the appropriate security controls enabled.
Mobile Device Platform
In addition to viewing In My Corner from your computer or laptop, you can also access In My Corner via a mobile device such as an iPhone or Droid. The mobile application has most, but not ALL, of the In My Corner functionality. If you elect to view In My Corner via a mobile device, your use via a mobile device or any other means is subject to the Terms and Conditions of this Agreement and Authorization.
Information Does Not Constitute Medical Advice
In My Corner assumes no responsibility for how you use the information you obtain from this Website. You should consult with a physician or other health care provider regarding your own condition and how this Website content may or may not apply to you. You may be sharing your own medical information via In My Corner and may wish to communicate with one of your health care providers about that or related information. Neither In My Corner nor any other application available through this Website is a substitute for appropriate and timely contact with your health care provider. This Website is not a substitute for consultation with your health care provider. You should never change or stop any course of treatment prescribed by your health care provider without first consulting him or her.
Accuracy and Integrity of Information
Although In My Corner attempts to ensure the integrity of the Website, it makes no guarantees whatsoever as to the correctness or accuracy of the Website. It is possible that the Site could include typographical errors, inaccuracies or other errors. In the event that an inaccuracy arises, please inform In My Corner so that it can be corrected. Information contained on this Website may be changed or updated without notice.
Other Users' Information
If you are using In My Corner and see someone else's health information (something they posted), you agree to be bound by the terms and conditions of this Agreement and agree to comply with the following requirement: There is the possibility that the information disclosed to you on In My Corner may include confidential HIV, genetic testing, mental health and/or drug or alcohol abuse treatment information protected by state and/or federal law and confidentiality rules. The law prohibits you from making any further disclosure of this information without the specific written consent of the person to whom it pertains, or as otherwise permitted by law. Any unauthorized further disclosure in violation of state and/or federal law may result in a fine or jail sentence or both. A general authorization for the disclosure of medical or other information is NOT sufficient authorization for further disclosure.
Health Information Posted on In My Corner
If you post health information on In My Corner, it is at your own discretion and at your own risk. While In My Corner requires users to login, if you mention health information on In My Corner, you are sharing that information publicly. The release or disclosure of health information is governed by very specific state and/or federal laws and confidentiality rules, and you agree to comply with those laws and rules, both with respect to your own information and with respect to information posted by others. KJT Group will have no liability or obligation with respect to your failure to comply with applicable state and/or federal laws and rules.