Terms of Use

Terms of Use.

Here at PelMedic, we’re committed to making our service safe, caring, and accessible for everyone. That’s why we created this document, which explains the rules for using PelMedic. Thank you for reading, and for helping us deliver a better healthcare experience!

PelMedic (collectively, “our,” “us,” or “we”) operates PelMedic website and provide products and services through the internet and mobile applications that are governed, as applicable, by our terms of use. Certain terms used in this document have the meanings set forth in our terms of use. By using our site and services, you are a “user” and you accept and agree to our terms of use as a legal contract between you and us.

We are not doctors and we do not provide medical advice. Instead, we link you with doctors whom we have verified to be certified doctors through the Medical and Dental Council of Nigeria.  You agree to be solely responsible for your use of our sites and services and for determining the suitability of, and the results obtained from any professional you consult. Never disregard the medical advice of your physician or health-care professional, or delay in seeking such advice because of something you read on our sites. If you think you may have a medical emergency, call your physician.

The content on our site and services is intended to be used for educational and informative purposes only. No assurance can be given that the information contained on our sites and services will always include the most recent findings or developments. Any information on our sites and services should be used together with your doctor’s advice for any course of action. We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service.

We are not a referral service and do not recommend or endorse any particular healthcare provider. Rather, we are only an intermediary that provides selected information about healthcare providers. We do not offer advice regarding the quality or suitability of any particular healthcare provider for specific treatments or health conditions. Any ratings of a healthcare provider’s service are statements of opinion and not statements of fact or recommendations to utilize the services of any specific healthcare provider. You should obtain any additional information necessary to make an informed decision prior to utilizing any specific healthcare provider.

You should not engage in any online transaction, instead go to the physical address of the hospital of any health professional you have chosen to consult with.

You assume all responsibility in connection with choosing any healthcare provider, whether or not you obtained information about such healthcare provider on or through our site. IN NO EVENT WILL WE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH ANY ADVICE, TREATMENT OR OTHER INFORMATION OR SERVICES PROVIDED TO YOU BY ANY HEALTHCARE PROVIDER WITH WHOM YOU MAY MAKE CONTACT THROUGH OUR SITE AND SERVICES OR FOR ANY MALPRACTICE CLAIMS OR OTHER CLAIMS THAT MAY ARISE DIRECTLY OR INDIRECTLY FROM ANY SUCH ADVICE, TREATMENT OR OTHER INFORMATION OR SERVICES.

You consent that you are over the legal age as specified by Nigerian law. If you are under the legal age, your parent or legal guardian must consent to this Terms of Service and Privacy Policy, and affirm that they accept this Agreement on behalf of, and bear all legal and financial responsibility and liability for the actions of any child below the legal age, and expressly ratify and confirm any acts of any such child and all users of the account.

Doctor Patient Relation

At PelMedic we hope to create a doctor-patient relationship online. However, your relationship with any doctor, hospital or any other service found on our website and mobile services and all of its consequences is solely your responsibility. Under no condition shall PelMedic be responsible for any loss in any form.

Your License to PelMedic

By submitting, posting or displaying Content on or through the Service, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).

You agree that this license includes the right for other users of the Service to modify your Content, and for PelMedic to make your Content available to others for the publication, distribution, syndication, or broadcast of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by PelMedic or others may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Service.

We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

Additionally, by uploading content to the site, you warrant, represent and agree that you have the right to grant PelMedic the license described above. You also represent, warrant and agree that you have not and will not contribute any Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless the trade secret belongs to you or you have the owner’s permission to disclose it, (c) infringes any intellectual property right of another or the privacy or publicity rights of another, (d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) creates an impression that you know is incorrect, misleading, or deceptive, including by impersonating others or otherwise misrepresenting your affiliation with a person or entity; (f) contains other people’s private or personally identifiable and/or confidential information without their express authorization and permission, and/or (g) contains or links to a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. PelMedic reserves the right in its discretion to remove any Content from the Site, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law.

PelMedic’s Licenses to You

Subject to these Terms, PelMedic gives you a worldwide, royalty-free, non-assignable and non-exclusive license to re-post any of the Content on PelMedic anywhere on the rest of the web provided that the user who created the content has not explicitly marked the content as not for reproduction, and provided that you: (a) attribute PelMedic by name in readable text and with a human and machine-followable link (an HTML < a > anchor tag) linking back to the page displaying the original source of the content on pelmedic.com on every page that contains PelMedic content; (b) do not modify the Content; (c) upon request, either by PelMedic or a user, remove the user’s name from Content which the user has subsequently made anonymous; (d) upon request, either by PelMedic or by a user who contributed to the Content, make a reasonable effort to update a particular piece of Content to the latest version on pelmedic.com; and (e) upon request, either by PelMedic or by a user who contributed to the Content, make a reasonable attempt to delete Content that has been deleted or marked as not for reproduction on pelmedic.com.

You may only use the attribution required by this Section in the manner set out above. In exercising these rights, you may not implicitly or explicitly assert or imply any connection with, sponsorship or endorsement by PelMedic, or any PelMedic user of you or your use of the work, without the separate, express prior written permission of PelMedic or the PelMedic user.

If you operate a search engine or robot, or you republish a significant fraction of all PelMedic Content (as we may determine in our reasonable discretion), you must additionally follow these rules:

Subject to these Terms, PelMedic gives you a personal, worldwide, royalty-free, revocable, non-assignable and non-exclusive license to use the Service as it is provided to you by PelMedic.

Your Content will be viewable by other users of the Service and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Service. Any use of or reliance on any Content or materials posted via the Service or obtained by you through the Service is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service or endorse any opinions expressed via the Service. You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate. Under no circumstances will PelMedic be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available via the Service or broadcast elsewhere.

You are responsible for your use of the Service, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and third party partners. You understand that your Content may be republished and if you do not have the right to submit Content for such use, it may subject you to liability. PelMedic will not be responsible or liable for any use of your Content by PelMedic in accordance with these Terms.

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Service and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of PelMedic, its users and the public.

Rules

You must not do any of the following while accessing or using the Service: (i) use the Service for any unlawful purposes or for promotion of illegal activities; (ii) upload or post any Content (as defined above) in violation of the provisions contained in the “Your License to PelMedic” section of these terms; (iii) use the Service for the purpose of spamming anyone; (iv) access or tamper with non-public areas of the Service, PelMedic’s computer systems, or the technical delivery systems of PelMedic’s providers; (v) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (vi) access or search or attempt to access or search the Service by any means (automated or otherwise) other than through the currently available, published interfaces that are provided by PelMedic (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with PelMedic (crawling the Service is permissible in accordance with these Terms, but scraping the Service without the prior consent of PelMedic except as permitted by these Terms is expressly prohibited); (vii) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; or (viii) interfere with or disrupt (or attempt to do so) the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service.

Proprietary Rights

All right, title, and interest in and to the Service (excluding Content provided by users) are and will remain the exclusive property of PelMedic and its licensors. The Service is protected by copyright, trademark, and other laws of both Nigeria and foreign countries. Except as expressly provided herein, nothing in the Terms gives you a right to use the PelMedic name or any of the PelMedic trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

The Service may include advertisements, which may be targeted to the Content or information on the Service, queries made through the Service, or other information. The types and extent of advertising by PelMedic on the Service are subject to change. In consideration for PelMedic granting you access to and use of the Service, you agree that PelMedic and its third party providers and partners may place such advertising on the Service or in connection with the display of Content or information from the Service whether submitted by you or others.

Copyright Policy

PelMedic respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information in accordance with the Digital Millennium Copyright Act: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent for notice of alleged copyright infringement or other legal notices regarding Content appearing on the Service is:

Email:copyright@pelmedic.com

We reserve the right to remove Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, PelMedic will also terminate a user’s account if the user is determined to be a repeat infringer.

Privacy

PelMedic values your privacy. Please review our Privacy Policy to learn more about how we collect and use information about you via the Service. By using the Service you consent to the transfer of your information to web servers anywhere for storage, processing and use by PelMedic.

Links

The Service may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by PelMedic of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Answers

If you think you may have a medical emergency, call your doctor or your local emergency number (check for state specific emergency number where available) immediately. Content posted by Medical Contributors is intended to be medical advice or instructions for medical diagnosis or treatment, and a physician-patient relationship is intended to be created by Content provided by Medical Contributors.

However, the following rules apply:

  1. Content is not a substitute for professional medical examination, diagnosis or treatment.
  2. You should not delay or forego seeking treatment for a medical condition or disregard professional medical advice based on Content.
  3. You should always seek the advice of your physician or other qualified healthcare professional before starting or changing treatment.
  4. Content should not be used to diagnose, treat, cure, or prevent disease without supervision of a doctor or qualified healthcare provider.
  5. Content does not recommend or endorse any tests, physicians, products, procedures, opinions or other information.
  6. Content is not regulated by any state or national medical board.

Reuse of PelMedic’s Policies, Disclaimers, & Terms of Use Language Regarding Legal & Medical Contributors

In order to develop Web industry standards for online contributions by legal and medical professionals, PelMedic encourages other companies and organizations to adopt all or part of our policies, disclaimers, and terms of use language as part of their own products and terms of service. PelMedic therefore expressly permits other companies to copy and edit the provisions contained in this section of its terms of service for their own use. Additionally, PelMedic welcomes comments and suggestions on these terms as part of the ongoing debate regarding how professionals can comply with their professional responsibilities while being active, informative participants in online discussions.

Disclaimers; Indemnity

Your access to and use of the Service or any Content is at your own risk. You understand and agree that the Service is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, PELMEDIC AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Service or any content thereon. PelMedic will not be responsible or liable for any harm to yourself, family or your computer system, loss of data, or other harm that results from your access to or use of the Service, or any Content. You also agree that PelMedic has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from PelMedic or through the Service, will create any warranty not expressly made herein.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PELMEDIC AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF LIFE, DATA, USE, GOOD-WILL, HEALTH OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT PELMEDIC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

If anyone brings a claim against us related to your (user’s)  actions or Content on the Service, or actions or Content by or from someone using your account, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

CONFIDENTIALITY/PRIVATE MESSAGE

PelMedic gives no guarantee that messages sent as private or tagged as confidential through our services is inaccessible to other third parties who may legally or illegally access this information. We give no guarantee on our encryption, password protection and any other security system available on PelMedic services. PELMEDIC WILL NOT BE RESPONSIBLE FOR ANY LEAK OF INFORMATION OF ANY USER AT ANY TIME AND YOU AGREE THAT ANY LEAKED INFORMATION IS SOLELY YOUR LOSS.

PELMEDIC’S UNIVERSAL HEALTH SERVICE AND LOANS

We give no guarantee that our “Universal Health Service” is universal in any implication. PelMedic reserves the right to give, deny or cancel loans at any time and PelMedic will not be responsible for any loss that results thereafter.

The maximum amount of time through which PelMedic’s UHS loan can be spread is two (5) years and no more than that. As such, the amount requested for must be payable within 5 years.

You agree that to qualify for PelMedic’s loans:

  1. You are a Nigerian
  2. You are a salaried worker or pensioner
  3. You work or receive your pension from a reputable company

Spread Plan:
If your health service demand an amount that you cannot repay in 5 years, you may find one (1) more sponsor, whom you can join with to repay the amount requested for. The same rules apply to you and the 2nd person you are bringing in.

DRUG VERIFICATION SYSTEM

Our drug verification system is provided as it. There is no guarantee or assurance of the validity of any data provided. We are not responsible for any omission or wrong information or non availability of any information and to whatever consequences this non-availability might lead to.

Listed Drugs

Listed medicines are sole property of any pharmacy that entered them on our database. We are not agents of any pharmacy neither can we be held responsible for any misappropriation, including non-availability of drug in the physical address of pharmacy or any health complication that might result from drugs whose information have been found through our services.

Advertisements

Every advert that runs on our website and our other services runs solely as the property of the advertiser and PelMedic has not confirmed the validity of such advertised products neither do we have any affiliation with the advertiser. As such, PelMedic cannot be held accountable for any loss that obtains as a result of a user’s transaction with any advertised agent.

General Terms

These Terms and any action related thereto will be governed by the laws of the Federal Republic of Nigeria without regard to or application of its conflict of law provisions or your state or country of residence. Unless submitted to arbitration as set forth in the following paragraph, all claims, legal proceedings or litigation arising in connection with the Service will be brought solely to Lagos, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

These Terms are the entire and exclusive agreement between PelMedic and you regarding the Service (excluding any services for which you have a separate agreement with PelMedic that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between PelMedic and you regarding the Service.

The failure of PelMedic to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

We may revise these Terms from time to time. The most current version will always be on this page (or such other page as the Service may indicate). If the revision, in our sole discretion, is material we will notify you via posting to our website or e-mail to the email associated with your account. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms.

If you are a Nigerian government user (i.e., you have a .gov or .mil email address), see addendum to the PelMedic Terms of Service (“ToS”).

The Service is operated and provided by TeraPel, Inc. If you have questions about these Terms, please contact us at info@pelmedic.com.

Addendum to Terms of Service Applicable to Nigerian Government Users

This Addendum to the PelMedic Terms of Service (“ToS”) applies to Nigerian Government users of the PelMedic Site and Service.

When entering into agreements with other parties, the Nigerian Government is required to follow applicable federal laws and regulations. Such laws and regulations include limitations on matters related to indemnification, fiscal law, advertising and endorsements, governing law and dispute resolution forum; and affirmative duties related to ethics, privacy, security, accessibility, federal records, and freedom of information. PelMedic and the user Agency of the Nigerian Government (together, the “Parties”) agree that modifications to the PelMedic Terms of Service (“ToS”) are appropriate to accommodate the Agency’s legal status and public mission.

Precedence; Further Amendment; Termination:

This Addendum constitutes an amendment to the PelMedic ToS and the PelMedic Privacy Policy, available at “PelMedic Privacy Policy”; language in the PelMedic ToS and PelMedic Privacy Policy indicating it alone as the entire agreement between the Parties is waived. If there is any conflict between this Addendum and the PelMedic ToS or PelMedic Privacy Policy, or between this Addendum and other rules or policies on the PelMedic site or services, this Addendum shall prevail. This Addendum may be further amended only upon written agreement executed by both Parties. Agency may close Agency’s account and terminate this agreement at any time. PelMedic may close Agency’s account and terminate this agreement only upon 30 days written notice.

Government entity:

“You” and “Your” within the PelMedic ToS shall mean the Agency itself and shall not apply to, or bind (i) the individual(s) in their personal capacity who utilize the PelMedic Services on Agency’s behalf in their official capacity, or (ii) any individual users who happen to be employed by, or otherwise associated with, the Agency; in each case, excepted as amended by this Addendum. For the avoidance of doubt, the Agency acknowledges that its use of the PelMedic site and services shall be through named individuals and not through an organization page. The terms of this Addendum shall only apply to any individual employed by the Agency using the service on the Agency’s behalf and identified by associating a .gov email address with the PelMedic account.

Agency content serving the public:

PelMedic hereby approves Agency’s distribution of publication via the PelMedic Site and Service of materials which may contain or constitute Agency programs, outreach, or initiatives through our paid advertisement platform.

Governing law:

The dispute resolution and arbitration provisions in the PelMedic ToS are hereby deleted. The PelMedic ToS and this Addendum shall be governed, interpreted, and enforced in accordance with the federal laws of Nigeria. To the extent permitted by federal law, the laws of the State of Lagos will apply in the absence of federal law. The parties may mutually agree to arbitration or mediation.

Access and use:

PelMedic acknowledges that Agency’s use of PelMedic’s site and services may energize significant citizen engagement. Language in the PelMedic ToS allowing PelMedic to terminate service, or close Agency’s account, at any time, for any reason, is modified to reflect the Parties’ agreement that PelMedic may unilaterally terminate service and/or terminate Agency’s account only for Agency’s breach of its obligations under the PelMedic ToS or its material failure to comply with the instructions and guidelines posted on the Site, or if PelMedic ceases to operate its Site or Service generally. PelMedic will provide Agency with a reasonable opportunity to cure any breach or failure on Agency’s part.

Provision on automated means to access the Site:

Agency may apply tools as necessary solely to its pages and solely to fulfill Agency’s obligations under applicable federal law or regulation.

Ownership of names:

Any provision(s) in the PelMedic ToS related to PelMedic’s ownership of and right to change Agency selected profile name(s), or user ID(s) are modified to reasonably accommodate Agency’s proprietary, practical, and/or operational interest in its own publicly-recognized name(s) including the names of other Agency units.

Modifications of user content:

PelMedic agrees that the right reserved in the PelMedic ToS to modify, adapt or remove Agency content is limited to technical actions necessary to index, format and display that content and the right to “collapse” content in accordance with PelMedic’s general policies and the right to edit questions in accordance with PelMedic’s general policies in place on the day on which the edits were made. Agency understands that the presentation layer of the PelMedic services modify the appearance of Agency content. The right to modify or adapt does not include the right to substantively edit or otherwise alter the meaning of the content. PelMedic shall notify Agency prior to the occurrence of any modifications, adaptations, changes or removals of Agency content outside of the presentation layer. .

Uploading, deleting:

The Parties understand and agree that PelMedic cannot be held accountable for any misinformation posted by any professional or any user on our forum. If there is a misleading information on our website, Agency will first contact PelMedic to remove such information before proceeding to legal actions.

No endorsement:

PelMedic agrees that Agency seals, trademarks, logos, service marks, trade names, and the fact that Agency has a presence on the PelMedic site and use its services, shall not be used by PelMedic in such a manner as to state or imply that PelMedic’s products or services are endorsed, sponsored or recommended by Agency or by any other element of the Federal Government, or are considered by these entities to be superior to any other products or services. Except for pages whose design and content is under the control of Agency, or for links to or promotion of such pages (e.g. within a suggested follow list, or highlighted profile list), PelMedic agrees not to display any Agency or government seals or logos on PelMedic’s homepage or elsewhere on the PelMedic site, unless permission to do has been granted by Agency or by other relevant federal government authority. PelMedic may list the Agency’s name in a publicly available customer list so long as the name is not displayed in a more prominent fashion than that of any other third party name.

No business relationship created:

The Parties are independent entities in an independent contracting relationship and nothing in this Addendum or PelMedic ToS creates an agency, partnership, joint venture, or employer/employee relationship.

No cost agreement:

Nothing in this Addendum or PelMedic ToS obligates Agency to expend appropriations or incur financial obligations. The Parties acknowledge and agree that none of the obligations arising from this Addendum or PelMedic ToS are contingent upon the payment of fees by one party to the other.

Provision of data:

PelMedic shall use its reasonable commercial efforts to provide Agency the data listed on Exhibit A during the term hereof related to Agency activity and the Agency account following the written request (which may be via email) of the Agency.

Separate future action for fee based services:

PelMedic provides services at a basic level free of charge to the public, but this may change in the future. Agency acknowledges that while PelMedic will provide Agency with some services and features for free, PelMedic reserves the right to begin charging for those services and features at some point in the future. PelMedic will provide Agency with at least 30 days advance notice of a change involving the charging of fees for the basic level of service. Agency also understands that PelMedic may currently offer other premium and enterprise services for a fee. The Parties understand that fee-based services are categorically different than free products, and are subject to federal procurement rules and processes. Before Agency decides to enter into a premium or enterprise subscription, or any other fee-based service that PelMedic or alternative providers may offer now or in the future, Agency agrees to determine that Agency has a need for those additional services for a fee, to consider the subscription’s value in comparison with comparable services available elsewhere, to determine that Agency funds are available for payment, to review any then-applicable PelMedic ToS for conformance to federal procurement law, and in all other respects to follow applicable federal acquisition laws, regulations, and Agency guidelines when initiating that separate action.

Assignment:

Neither party may assign its obligations under this Addendum or the PelMedic ToS to any third party without prior written consent of the other, provided however that no such consent shall be required in the event of a transfer or assignment of all of a party’s rights or obligations to a successor to substantially all of the assets or business of such party. Upon any such assignment, the assignee shall provide prompt written notice to the other party.

Posting and availability of this Amendment:

The Parties agree that this Addendum contains no confidential or proprietary information, and either party may release it to the public upon request and to other agencies interested in using PelMedic’s site and services. Any provision of the PelMedic ToS that could be read to require modifications to the PelMedic ToS to be posted on PelMedic’s website is inapplicable, since this addendum is of limited, not general, application, and is otherwise waived for this special circumstance. No provisions of this Addendum shall be read to require any changes to the PelMedic ToS that PelMedic makes generally available to the public on its website.

Security:

PelMedic will, in good faith, exercise due diligence using generally accepted commercial business practices for IT security, with the goal of ensuring that systems are operated and maintained in a secure manner, and that management, operational and technical controls will be employed with the goal of ensuring security of systems and data. Recognizing the changing nature of the Web, PelMedic will continuously work with users with the goal of ensuring that its products and services meet users’ requirements for the security of systems and data. PelMedic agrees to discuss in good faith implementing additional security controls as deemed necessary by Agency.

Restriction Against Disclosure:

PelMedic agrees, in the performance of this agreement, to keep non-public information furnished by Agency in the strictest confidence, said information being the sole property of Agency. PelMedic also agrees not to publish, reproduce or otherwise divulge such information, in whole or in part, in any manner or form, nor authorize or permit others to do so, taking reasonable measures as are necessary to restrict access to the information, while in his or her possession, to those employees who must have the information to perform the work provided herein on a “need to know” basis, and agrees to immediately notify Agency in writing, in the event PelMedic determines, or has reason to suspect, a breach of this requirement. PelMedic also agrees to notify Agency if it receives a request for Agency information and to not respond to such a request without Agency’s consent, unless otherwise required by law.

Entire Agreement; No Third Party Beneficiary.

This Agreement and the PelMedic TOS, to the extent it is not inconsistent with this agreement, comprise the entire agreement between the parties covering the subject matter hereof and is not intended to confer on any third party any rights or remedies hereunder.

Additional Items for Discussion and Possible Inclusion in this Agreement:

PelMedic understands changes in federal law, regulation and policy may affect Agency’s use of PelMedic’s products and services in ways not addressed in the list of clauses above. Much depends on the nature of the products and services offered by the PelMedic (which may change from time to time), and how Agency intends to use those services (which also may change). The following are among the dynamic topics Agency may discuss with PelMedic and which may lead to the insertion of additional clauses in this Addendum subject to mutual agreement of the parties: privacy, accessibility, and security.

AA.Right to Cure.

Prior to any claim for breach of this agreement being made, the Agency agrees to provide PelMedic with reasonable notice of any alleged deficiencies in its performance and PelMedic shall have thirty days to cure any alleged defect in performance.

Exhibit A 

Data

The following information and data related to the Agency Profile Page and each individual user employed by the Agency using the service on the Agency’s behalf pursuant to Section B of this Agreement (“Agency User”):

If the Agency User started the question, then comments/#votes posted by others

If the Agency User answers a question asked by a third party, then comments/#votes posted by others from the point of Agency User entry forward