Terms of use

What we expect from you and what you can expect from us

This policy is effective as of September 1, 2017

Who We Are and What We Do

We are Pregistry, LLC. We provide information and tools to help you understand your health and your options. We provide the website located at www.pregistry.com (the "Site") and health information accessible via the Site.

We provide information and tools to help you understand your health and your options.

Acceptance of Terms

Please read these Terms of Use (“Terms”) carefully because they govern your use of Pregistry. To make these Terms easier to read, the Site and our services are collectively called "Pregistry."
By using Pregistry, submitting information, or placing an order for any products available through Pregistry, you irrevocably agree and acknowledge that you have read, understood, and agree to be bound by these Terms and any amendments or supplements to them, and that you consent to the information practices disclosed in our Privacy Policy. As long as you comply with these Terms, Pregistry grants you a personal, non-exclusive, non-transferable, limited privilege to use Pregistry. If you don’t agree to these Terms, you may not use Pregistry. Your use of Pregistry is subject to the disclaimers and caveats that appear throughout the Site. Pregistry and its agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, products, or other material on Pregistry. While we strive to keep the information on Pregistry accurate, complete, and up to date, we cannot guarantee, and are not responsible for, any damage or loss related to the accuracy or effectiveness of the information on Pregistry.

When you use Pregistry, you’re subject to these Terms of Use.

What We Don’t Do

Pregistry does not provide medical advice, diagnosis, treatment, or prescriptions. We’re here to provide information to help you make better-informed health decisions, but we’re not your doctor. Please seek medical advice and treatment from a professional healthcare provider. If you think you may have a medical emergency, call your doctor or 911 immediately. Nothing on Pregistry should be construed as an endorsement of any specific drugs, tests, physicians, products, procedures, opinions, "off-label" drug uses, or other information that may be mentioned on Pregistry. Any health information services, suggestions, or other content on Pregistry are for informational purposes only. You assume full responsibility for the use of any information obtained through Pregistry and agree that we’re not responsible or liable for any claim, loss, or damage arising from the use of Pregistry by you or anyone else. If you or your doctor rely on any information provided by Pregistry, you do so at your own risk.

We do not provide medical advice, diagnosis, treatment, or prescriptions. We are not your doctor.

Changes

Pregistry reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms at any time. Pregistry shall post any revision to these Terms and the revision shall be effective immediately upon such posting. We may change or discontinue all or any part of Pregistry, at any time and without notice, at our sole discretion.

These Terms might change.

Restrictions

Age: You must be 18 years of age or older to use Pregistry. By using Pregistry and agreeing to the Terms, you represent and warrant to us that you are at least eighteen years of age.

You must be 18 or older to use Pregistry.

 

No International Users: Pregistry is intended for users in the United States. Pregistry is not appropriate to use outside of the United States because certain information, including medication information, provided on Pregistry will not be suitable for users in other countries. For example, medications may have different names and labeling in other countries. Medications used to treat a condition in the United States may not be prescribed for the same condition in another country. If you do access Pregistry from outside the United States, you do so on your own initiative and are solely responsible for complying with applicable local laws. Accessing Pregistry from a location where Pregistry or its content may be illegal is prohibited.

Pregistry is intended for users in the United States.

 

No Commercial Use: The content on Pregistry is for your personal, individual use only, and not for commercial or external use. Users may not solicit or promote their products or services on Pregistry without Pregistry's prior authorization. This restriction applies to the Site and to Pregistry's social media channels. To apply to partner with Pregistry, email us at [email protected].

Pregistry is for your personal (not business) use.

What You Provide to Us When You Use Pregistry

User Submissions: "User Submissions" are anything that users (including you) share publicly on Pregistry, such as comments and photos on the social forums and in Pregistry's social media channels. You understand that your User Submissions are not confidential and may be viewed and shared by others. You also understand that Pregistry may not be able to remove or delete your User Submissions one they are submitted to Pregistry. You’re responsible for your User Submissions. You choose what information to include, so please be truthful and think carefully about what you share. Read more in our Privacy Policy.

You can read and share real-life health experiences on Pregistry. You are responsible for what you post. If you decide to share, remember that it is public. Read more in our Privacy Policy.

 

What You Own: You own your User Submissions (also known as "User Content").

You own what you submit to us.

 

Permission for Pregistry to Use What you Submit to Us: You agree that Pregistry may use your User Content in connection with operating, providing, and improving our services, including Pregistry. In particular, you grant Pregistry a worldwide, royalty-free, transferable, sub-licensable, non-exclusive, irrevocable license to use, copy, modify, create derivative works based upon, publicly display, publicly perform, and distribute your User Content in connection with operating, providing, and improving our services, including Pregistry, and for marketing or commercial purposes.

You give us certain rights to use what you submit to us.

 

Modifying Your Information: If you want to remove some of your User Content from Pregistry, please email us at [email protected]. We will consider your request on an individual basis and we may (but are not obligated to) take steps to delete your User Content. Even if we take steps to delete specific User Content at your request, some of your User Content may remain in archived/backup copies for our records or as otherwise required by law. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

We will consider removal requests, but we are not obligated to remove User Content.

 

What We Own: All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such items (collectively, “Content”) contained on Pregistry is owned, controlled or licensed by or to Pregistry, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

We own what we provide to you.

 

Permission for You to Use What We Provide to You: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sub-licensable, revocable license to view, copy, display, and print the Content made available on Pregistry solely in connection with your permitted use of Pregistry and solely for your personal and non-commercial purpose. You may also use information purposely made available by Pregistry for downloading from Pregistry, provided that you (i) do not remove any proprietary notice language in all copies of such documents, (ii) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (iii) make no modifications to any such information, and (iv) do not make any additional representations or warranties relating to such information. If you violate any of these Terms, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

We give you certain rights to use what we provide to you.

 

Protecting our Rights: Except as expressly provided in these Terms, no part of Pregistry, including any Content, may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website, or other medium for publication or distribution or for any commercial enterprise without Pregistry’s express prior written consent. You agree not to infringe Pregistry’s copyrights, trademarks, trade secrets, or other intellectual property or proprietary rights. You may not use, display, mirror, or frame Pregistry, or any of our trademarks, including the Pregistry logo, or other proprietary information, without our prior written consent. You may not access, search, download, or copy the Content through automated means (including spiders, robots, crawlers, data mining tools or the like), other than the software and/or search agents provided by us or by generally available third-party web browsers.

Please respect our rights.

Policies and Community Rules

Privacy Policy: Please refer to our Privacy Policy (www.pregistry.com/privacy) for information on how we collect, use, and disclose information from our users. The Privacy Policy is expressly incorporated into these Terms by reference. By using Pregistry, you agree to be bound by the terms of the Privacy Policy. In the event of any inconsistency between the Privacy Policy and these Terms, the terms of the Privacy Policy shall govern.

Read our Privacy Policy.

 

Indemnity: By using Pregistry, you agree to defend, indemnify, and hold harmless Pregistry, its officers, directors, Advisory Board members, employees, consultants and agents, from and against any and all losses, liabilities, claims, damages, and costs (including reasonable legal and professional fees) that arise from your access to or use of Pregistry or the Content, your User Content, or your breach of these Terms. Pregistry reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any action or claim that is covered by this indemnity provision.

 

Compliance with Intellectual Property Laws: When accessing Pregistry, you agree to obey the law and to respect the intellectual property rights of others. Your use of Pregistry is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

 

Copyright Policy: Please refer to our Copyright Policy (www.pregistry.com/copyright) for information on how we deal with complaints concerning Content that may infringe copyright. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the User Pregistry account of users who infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

 

Prohibited Uses: Pregistry imposes certain restrictions on your use of Pregistry and its related services (“Prohibited Uses”). You are prohibited from engaging in any criminal or tortious activity in connection with your use of Pregistry. You are prohibited from violating or attempting to violate any security features of Pregistry, including, without limitation: (i) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of Pregistry or any associated system or network, or to breach security or authentication measures without proper authorization; (iii) interfering with or attempting to interfere with service to any user, host, or network, including without limitation, by means of overloading, “flooding,” “spamming,” “mail bombing,” “crashing,” or submitting a virus to Pregistry; (iv) using Pregistry to send unsolicited e-mail, including without limitation, promotions or advertisements for products or services; (v) forging any TCP/IP packet header or any part of the header information in any email to Pregistry; and (vi) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Pregistry. Any violation of Pregistry’s system or network security may subject you to civil and/or criminal liability. Pregistry reserves the right to define and add activities to the list of Prohibited Uses, at its sole discretion.

 

Hyperlinks: Pregistry may contain hyperlinks to third-party websites. When you access these third-party websites through Pregistry, you do so at your own risk. Pregistry in no way investigates, monitors or checks the accuracy or completeness of such third-party websites, and Pregistry is not responsible for any objectionable, inaccurate, misleading or unlawful content that may reside on such websites. Third-party websites may, from time to time, publish hyperlinks that redirect users to Pregistry. Except as expressly authorized, the link may not be used in connection with or appear on a website that a reasonable person might consider offensive, obscene, defamatory or other malicious, and may not appear or be positioned in such a way as to damage or dilute the goodwill associated with Pregistry’s good name and trademarks. Further, the appearance, position and other aspects of the link must not create the false impression that an entity is associated with, sponsored by or endorsed by Pregistry.

Liability and Disclaimers

Disclaimer of Warranties: PREGISTRY AND THE CONTENT ARE PROVIDED "AS IS" AND ALL WARRANTIES ARE DISCLAIMED. To the fullest extent permissible by law, Pregistry disclaims all warranties, express or implied, of any kind, regarding Pregistry. The warranties disclaimed include, but are not limited to, fitness for a particular purpose, merchantability, title, non-infringement, accuracy, completeness, accessibility, compatibility, security and freedom from computer virus, as well as any warranties arising out of course-of-dealing, usage, or trade. You agree that Pregistry will not be liable for any damages or losses, including direct, indirect, consequential, special, incidental or punitive damages and/or lost profits, in connection with your use of Pregistry. Pregistry does not guarantee that any products available through Pregistry will be effective or meet your requirements. You assume the risk that you may be unable to use Pregistry, and that use of Pregistry may be interrupted. Pregistry makes no representations or warranties about the accuracy, reliability, completeness, or currentness of the information provided on Pregistry, including text, graphics, links, or communications provided on or through the use of Pregistry. You use Pregistry at your own risk.

We make no warranties about our website or services, or the associated content.

 

Enforcement and Termination: Pregistry has the right (but not obligation), in its sole discretion, to: pre-screen and approve User Submissions before they appear on Pregistry, and monitor use of Pregistry and User Content (in each case) to make sure they comply with these Terms and with legal requirements; reject or remove any User Submissions or other Content, including Content that we consider to be objectionable or that violates these Terms; investigate complaints or violations of these Terms or conduct that affects Pregistry; and suspend or terminate any user’s access to Pregistry for any reason at any time, with or without notice. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right to take any other action we think is necessary to protect the safety of Pregistry users and the public. Upon any termination, discontinuation, or cancellation of Pregistry or your use of Pregistry, all provisions of these Terms which by their nature should survive do, including as to content ownership, disclaimers, indemnity, limitations of liability, and governing law and jurisdiction.

We may remove you or your User Submissions from Pregistry if you violate these Terms or for any other reason if we think it’s necessary.

 

Governing Law and Jurisdiction: These Terms, and all disputes arising out of or relating to these Terms or the use of Pregistry or the Content, are subject to the laws of the State of California without regard to its conflict of laws provisions. The state and federal courts located in the Southern District of California shall have exclusive jurisdiction over any lawsuits filed arising from these Terms or the use of Pregistry or the Content, to the extent the claims in any such lawsuit are not subject to arbitration pursuant to these Terms, as discussed below.

 

Arbitration: Pregistry agrees to binding arbitration should it have any dispute with you. Likewise, you agree to binding arbitration should you have any dispute with Pregistry. A dispute includes any and all claims that relate in any way to, without limitation, your use of Pregistry, the Content, or the use or attempted use of any products or services available through Pregistry or any third party through Pregistry. This agreement to arbitrate, and the terms that discuss arbitration, are referred to as the “arbitration provisions". BY AGREEING TO ARBITRATE, YOU WAIVE THE RIGHT TO HAVE YOUR CLAIMS AGAINST PREGISTRY DECIDED BY A COURT OR JURY. The arbitration provisions set forth the terms and conditions of our agreement to binding arbitration. These provisions are governed by and enforceable under the Federal Arbitration Act (the “FAA”) 9 U.S.C. § 1-16, as amended.

 

Mandatory Pre-Dispute Procedures: You agree that before initiating any arbitration against Pregistry, you will first give Pregistry an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to us with sufficient detail to allow us to try to address the problem or dispute. You may send the written description by email to [email protected]. You agree to negotiate with Pregistry in good faith regarding your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within sixty (60) days after Pregistry’s receipt of your written dispute, you may proceed to arbitration.

 

Time Limitations: You and Pregistry agree to commence any arbitration proceedings within one (1) year after the dispute arises (including the mandatory pre-arbitration procedure outlined above) and that any proceeding regarding any dispute commenced after one (1) year shall be barred. This provision operates as a statute of limitations with respect to any dispute arising from or in connection with the use of Pregistry.

 

Arbitration Details and Rules: The arbitration will be conducted in the City of Los Angeles. It may be held by telephone or through written submissions if both you and Pregistry agree. The arbitrator shall have the discretion to select another venue if the arbitrator finds that the City of Los Angeles will be unreasonably burdensome to You, even taking into account the option of holding the arbitration by telephone or written submissions. The dispute shall be submitted to final and binding confidential arbitration before a single arbitrator who is a retired judge or an experienced attorney with experience in the subject(s) of the dispute. The arbitrator shall be chosen from JAMS, and the JAMS commercial arbitration rules then in effect shall apply. They can be obtained by calling JAMS. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or Pregistry.
Pregistry shall pay for all filing, administrative, and arbitrator fees for an arbitration initiated by either party. The parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.

 

Arbitration Award: The arbitrator may award any form of individual relief, including injunctions and punitive damages, as long as they are in accordance with applicable law. The arbitrator may award costs or fees to a prevailing party, but only if the law expressly allows it. Nothing in these Terms shall be construed to limit the arbitrator’s ability to award remedies provided by applicable law. Any award rendered shall include a written opinion and shall be final, subject to appeal under the FAA.
As an exception to binding arbitration, you and Pregistry both retain the right to pursue, in a small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis.
Pregistry reserves the right to amend this arbitration provision at any time. Your continued use of Pregistry is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, Pregistry will provide you with notice and an opportunity to opt-out. Your continued use of Pregistry without opting out is affirmation of your consent to such material changes.
If any portion of these arbitration provisions is deemed unenforceable, the remaining portions of the arbitration provision shall remain in full force and effect.

 

Opt-Out: YOU HAVE THE RIGHT TO OPT-OUT OF THESE ARBITRATION PROVISIONS WITHIN THIRTY (30) DAYS FROM THE DATE OF FIRST USE OR ATTEMPTED USE OF PREGISTRY BY WRITING TO [email protected]. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING YOUR USE OR ATTEMPTED USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST USED OR ATTEMPTED TO USE THE WEBSITE. UNTIMELY OPT-OUTS WILL NOT BE VALID.

 

No Class Actions: To the fullest extent allowed by law, you agree not to act as a representative for any class of individuals or participate as a member in any class or collective action filed in connection with any claims that are asserted against Pregistry. If this class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then the entire arbitration provision shall be rendered null and void and shall not apply.

 

Miscellaneous Terms: These Terms are the entire and exclusive understanding and agreement between Pregistry, LLC and you regarding Pregistry and the Content. Other than as specifically indicated, if a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions will remain in full force and effect.

You may not assign these Terms without our prior written consent, and any attempt to do so will be null. We may assign these Terms without restriction.

Any notices or other communications provided by us under these Terms, including those regarding changes to these Terms, will be given: (i) by email; or (ii) by posting to Pregistry. Notices given by email will be deemed to be received on the date they are sent. We don’t waive any right under these Terms unless we do so in writing and our duly authorized representative signs the waiver. The exercise of any remedy under these Terms doesn’t affect other remedies under these Terms or otherwise.