November 20, 2017     

Terms and Conditions

Abacus Management Technologies, LLC, doing business as The Abacus Group and My Medication Advisor, LLC (collectively referred to as "Abacus" in this Policy), has developed multiple web sites: myMedicationAdvisor® web site (www.myMedicationAdvisor.com), myHealthMaximizer® web site (www.myHealthMaximizer.com) and HeartAge® (www.heartage.com).

The myMedicationAdvisor® web site promotes the safe and effective use of medication by improving communication between patients and their doctors, nurses, and pharmacists. By providing important information on managing medications, the myMedicationAdvisor® web site also strives to assist people in becoming informed consumers. In addition, in cooperation with sponsoring employers, the myMedicationAdvisor® web site provides guidance and incentives for cost-effective medication purchasing choices, including use of mail order, generics and/or alternative medication vendors selected by the sponsoring employer. A contract from the Agency for Healthcare Research and Quality (AHRQ) funded the initial development of the myMedicationAdvisor® web site.

The myHealthMaximizer® web site was developed by Abacus to promote health behavior change, and thereby reduce the risk for diseases such as cancer, heart disease, and diabetes. By encouraging the use of health tools and information about physical activity, fruit and vegetable intake, and smoking cessation, the myHealthMaximizer® web site strives to assist people in changing lifestyle factors known to contribute to increased disease risk. A grant from the National Cancer Institute of the National Institutes of Health funded the initial development of a research study on www.myHealthMaximizer.com .

The HeartAge® web site was co-developed by the researchers at The Brown University Center for Primary Care and Prevention and The Abacus Group as part of the Cholesterol Education and Research trial. The trial is five year study aimed at using new technology to improve lipid management in the primary care setting.

The Abacus web sites (hereinafter inclusive of the myMedicationAdvisor® web site, myHealthMaximizer® web site, and the HeartAge® web site) are an online information and communications service provided by Abacus for health education and consumer empowerment. The terms and conditions of this agreement govern the use of this service. Please read the agreement carefully before accessing or using this site.

1. Terms and Conditions of Use Policy

This Terms and Conditions of Use Policy is a binding Agreement. By using the Abacus web sites, you have indicated that you accept these terms and conditions of use and agree to them. This page highlights the specific terms and conditions of use that regulate your use of Abacus web sites. If you choose not to accept and follow the terms and conditions of this Agreement, then you should not use or access the web sites or take part in any of their services. We will regard all access to the Abacus web sites as voluntary and at your sole risk as the user.

Abacus retains the right to change or add to this Agreement at any point in time. Changes or additions will be located on the sites. The terms of the change(s) will be immediate and binding when the notification of these changes is posted on the sites. Each time that you use the sites, you agree to review the terms and conditions of use in order to be aware of any changes to the policy. Your subsequent and continuous use of the Abacus web sites will be your acceptance of the amended Agreement.

2. Disclaimer

The Abacus web sites do not offer medical advice. They only offer general information that may be helpful to some persons but not others, depending on their personal health and medical needs. All content and items contained in these sites including, but not limited to, medication records, drug look-ups, health behavior progress logs, health tools and calculators, informational articles, tailored feedback, images, and other content are for consumer educational use only. Developers of the content and material on the Abacus web sites gathered information from a variety of sources.

Nothing contained in the Abacus web sites is or should be considered, or used as a substitute for, medical or health care advice, diagnosis or treatment provided by licensed health care professionals. The services provided on and through these sites are there to educate consumers on health care and medical issues that may affect their daily lives. The myMedicationAdvisor® web site and its services including the Ask-a-Pharmacist and Comprehensive Medication Record Review services do not constitute the practice of any medical, nursing, or other professional health care advice, diagnosis, or treatment. The content and related services do not replace the advice of a doctor, a diagnosis from a doctor, treatment or course of treatment for any users of the Abacus web sites. The material is not intended as a guide to self-medication. The service does not endorse drugs. The information about drugs contained in the database is general in nature and is intended for use as an educational aid. It does not cover all possible uses, actions, precautions, side effects, or interactions of these medications. The absence of a warning for a given drug or drug combination in no way should be construed to indicate that the drug or drug combination is safe, effective, or appropriate for any given patient. It is not intended as medical advice for individual problems or for making an evaluation as to the risks and benefits of taking a particular drug. The health tools and calculators are designed to help you track your progress in health behavior change, to communicate with your health care providers, and/or to provide information. These medication records, health communication tools, Ask-a-Pharmacist and Comprehensive Medication Record Review services, calculators, logs, and graphs do not give medical advice, treatment, or diagnosis, nor do they replace the professional care given by a doctor or health professional.

Medication purchasing choices presented in the myMedicationAdvisor®  web site constitute suggestions only. Users are urged to consider and discuss these choices with their physicians and pharmacists. Presentation of generic alternatives and generic equivalents is intended to provide users with the information required to discuss cost-effective and safe medication alternatives with their physicians and pharmacists.

Alternative purchasing vendors presented in this web site are selected by the user's site sponsor or consultants to the site sponsor. In most cases, this site sponsor is the user's employer. Inclusion of purchasing options or vendors in the myMedicationAdvisor® web site does not constitute a recommendation, endorsement or other guarantee regarding that option or vendor. Neither the myMedicationAdvisor® web site nor Abacus receive any form of remuneration or compensation from vendors included in the web site, either in exchange for their inclusion, or for the sale of medications by vendors accessed through the site. In addition the myMedicationAdvisor® web site does not sell any form of medication and nothing contained in the site should be construed as an offer to sell medication.

The myMedicationAdvisor® web site neither warrants nor is responsible for the safety, quality, accuracy or delivery timeliness of any medications purchased from vendors accessed through this site. Any forms, documents, instructions or other materials belonging to an alternative vendor and made available to users in the myMedicationAdvisor® web site are the exclusive property and responsibility of that alternative vendor.

All incentive programs are funded through and by the site sponsor for a program. Incentives offered for a specific buying or other safety choice are not intended to override or replace the management and advice of the user's personal physician, pharmacist or other healthcare professional.

Proper treatment of health conditions depends on a number of factors, including but not limited to your medical history, diet, lifestyle, and medication regimen. The Abacus web sites, inclusive of the content and services offered on the myMedicationAdvisor® web site, myHealthMaximizer®, and HeartAge® web site, is not a replacement for professional medical advice or services. We advise you always to seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions. You should seek professional medical advice, diagnosis, and treatment for any disease or ailments, and physical and psychological conditions (pre-existing or new). Your physician is often in the best position to evaluate whether any particular diet, exercise program, medication or health treatment is best for you. Advance consultation with your physician is particularly important if you are pregnant, nursing, or have health problems. Never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified health provider because of something that you have read on this site. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately. If you are in the United States and are experiencing a medical emergency, please dial 911 or the appropriate medical emergency telephone number in your region on the nearest telephone. You should also check product information (including package inserts) before administering or using any device, drug, herb, vitamin, or supplement discussed in this site. Information about dietary supplements have not been evaluated by the U.S. Food and Drug Administration and are not intended to diagnose, treat, cure, mitigate, or prevent any disease or health conditions.

Because of the designated purpose of these sites and the services they provide, you agree that the Abacus web sites do not constitute a service that targets any one community, user group, business or industry. Because the site is designed for educational purposes, you also agree that it does not constitute conducting business in any specific jurisdiction or soliciting business for Abacus or any of our affiliated companies or subsidiaries.

We reserve the right to change, delete, or add content or features at any time and to maintain and administer the web site as we see fit. This includes the right to discontinue, temporarily or permanently, this site, or any part thereof, with or without notice.

3. No Warranties and Limitation of Liability

THE ABACUS WEB SITES ARE PROVIDED "AS IS" AND "AS AVAILABLE." THE ABACUS WEB SITES AND THE ABACUS GROUP, AND THEIR CONTENT PROVIDERS, LICENSORS, EMPLOYEES, SUPPLIERS, AGENTS AND THE LIKE, DO NOT MAKE, AND HEREBY EXPRESSLY DISCLAIM, ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS OF ANY KIND WHATSOEVER INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, ACCURACY, RELIABILITY, TIMELINESS, USABILITY, SUITABLE CONTENT, AND EXHAUSTIVENESS OF CONTENT OF ANY FEATURE LOCATED ON THE ABACUS WEB SITES. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED OR LIABILITY TO BE LIMITED. THEREFORE, NOT ALL OF THE LIMITATIONS SET FORTH HEREIN MAY APPLY TO YOU.

We do not have any liability for any of the content on the site. Content viewed and read by participants on the Abacus web sites is not comprehensive nor is it complete. We do not warrant or guarantee the accuracy, completeness, correctness, timeliness, or usefulness of any of the information or other material provided through the site or on the Internet generally. We are not liable to you or any user or anyone else for any decision made or action taken by you, other users, or others based on reliance on the information contained on or provided through this site. Abacus reserves the right to change or eliminate any portion of the site as they see fit and necessary.

Abacus cannot guarantee that human and machine errors will not occur nor can they warrant against non-continuous service, delays, errors, or lost or inaccessible data. While connecting to the Abacus web sites, information will be transmitted using Internet carriers and servers whose devices are owned and maintained by that third party server. The process of transmittal is beyond the control of Abacus. Abacus cannot and does not guarantee that transmittal will occur with facility or that files available for downloading on the Abacus web sites are free from infection by viruses, worms, Trojan horses or other codes that contain destructive or contaminating possibilities to one's computer system.

You agree you will not hold Abacus or any of our affiliates or subsidiaries, or any of our employees, officers, directors, or agents, liable for any compensatory, direct, indirect, incidental, consequential, punitive, exemplary, and/or special damages ("damages") including, but not limited to, property damage, personal injury, or loss of wages, revenue, or business arising out of or relating to your use of this site or because of any information related to or provided by this site, whether based on contractual, tort or other grounds. You will further agree to indemnify and hold harmless Abacus and any of our affiliates or subsidiary companies or organizations, and any of our successors, assigns, or licensees, together with any of their respective officers, directors, and employees against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorney's fees and costs) arising out of a claim by a third party relating to the use of the Abacus web sites, or any breach or violation of this Agreement or any other term or condition contained in the Abacus web sites by you or your representatives or agents or other site users. You hereby release and waive all claims you may have, known or unknown, against the Abacus web sites, Abacus and all our staff members, employees, officers, and directors for any offenses, injuries or damages you may have incurred or may incur in the future as a user of the Abacus web sites. The sole and exclusive remedy for dissatisfaction with the services of this site will be to stop using the site.

4. Links

You are encouraged to use discretion when browsing on the Internet on links and/or searches initiated at the Abacus web sites. Links from the Abacus web sites may lead unintentionally to sites containing information that some people may find inappropriate or offensive. It may also lead to sites that contain inaccurate information, false or misleading information or advertising, or information that violates copyright, libel, or defamation laws. The Abacus web sites and Abacus make no representations or warranties concerning any effort to review all of the content of sites for which links are provided to the site. The Abacus web sites and Abacus do not in anyway operate, control, or endorse information, products, or services provided by third parties through the Internet. The inclusion of any link to the site does not imply an endorsement by the Abacus web sites or Abacus, but is for your reference and convenience only.

5. Users' Agreement, Ask-a-Pharmacist and Public Forum Policies

You and all site users represent and warrant that they are at least 18 years of age and that they possess the legal right and ability to agree to these Terms and Conditions of Use and to use this site in accordance with these Terms and Conditions of Use. You and all site users acknowledge and agree that you are financially responsible for all uses of the site by you and those using your login information.

The Abacus web sites are intended to be used for the purposes of education and evaluation of effectiveness. It is intended to be for your own personal, noncommercial use only. You are granted permission to use this site solely for purposes of personal, noncommercial use and/or a federally funded research study (for which you would provide prior written authorization of informed consent), and you are bound by the terms and conditions of this agreement. You agree to comply with all user responsibilities and obligations as stated in these Terms and Conditions of Use.

As a user of the Abacus web sites, you are responsible for (a) implementing and maintaining adequate procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output and (b) maintaining a means external to the Abacus web sites for the reconstruction of any lost data. As a user of the Abacus web sites, you agree to sustain all equipment and necessities that allow you to access the Abacus web sites. Keep your user identification, login, password and identity for the Abacus web sites confidential, and do not to bring to the site or other participants worms, viruses, Trojan horses, or other destructive elements.

An Ask-a-Pharmacist feature has been provided to you on the myMedicationAdvisor® web site for the purpose of obtaining responses to specific questions about medication use and medication reviews by a licensed pharmacist. This feature does not occur in real time. In using the Ask-a-Pharmacist feature and all other features of the service, you agree not to take part in anything prohibited by the Terms and Conditions of Use and the Privacy Policy of the Abacus web sites. This includes, but is not limited to:

You agree not to use this site for any illegal or unlawful purposes based on local, state, federal, national, or international laws.

You agree not to upload or transmit any communications or content of any type that infringe or violate the rights of any party.

You agree not to use this site as a way to distribute advertising or other unsolicited material to a third party. You may not sell goods or services.

You agree not to post or transmit material that is unlawful, obscene, pornographic, defamatory, threatening, harassing, abusive, libelous, slanderous, hateful, or embarrassing to any other person or entity, and not to post or transmit any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, as determined by the Abacus web sites and Abacus in our sole discretion.

You will not impersonate another person or create any false Abacus web site account information or health record for yourself or others. The Medication Record is only a tool to help you communicate with your health care providers and/or pharmacist. We do not guarantee the completeness or accuracy of the information that it contains. Before using or otherwise acting on this information, both you and your health care provider or pharmacist should confirm that the information is complete and correct. In requesting a medication review using the Ask-a-Pharmacist feature, you are responsible for the accuracy and completeness of the information that you provide. We are not liable for incomplete or inaccurate information and the advice provided based upon such information.

6. Change in Personal Information

Whenever you modify your personal information for login or contact information, a secure message will be sent to you to confirm such changes; be aware of possible loss of information during transmittal of messages or receipt of change of information.

It is your responsibility to ensure that your login id and password remain confidential, that you are the only participant accessing and using your Abacus account, and that you inform Abacus of the necessity to deactivate and reestablish a new account if necessary. It is important to keep your login and password confidential since anyone with this information can alter your information and access your account on the Abacus web sites.

The Abacus web sites and Abacus have developed a Privacy Policy, which describes our policies for privacy of information and records for each participant, and the terms of which are incorporated herein by this reference. You hereby represent and warrant that you have read the Privacy Policy and agree the terms of such policy are reasonable. By using this site, you are bound by the terms and conditions of the Privacy Policy as well as this Agreement. You grant the Abacus web sites and Abacus, as outlined in the Privacy Policy, consent to monitor solely your Abacus account. You consent, after having read this, the Terms and Conditions of Use of the Abacus web sites, and its Privacy Policy, to disclose your identifiable health information, where requested, and only for purposes of the medication review and request for a licensed pharmacist and/or participating in an incentive program or research study on the Abacus web sites. Identifiable health information will be maintained in a manner consistent with the rules and regulations of the Health Insurance Portability and Accountability Act (HIPAA).

7. Operation of the Abacus Web Sites

Abacus holds complete rights over the administration of the Abacus web sites and may without notice, delete or discontinue any feature, add a feature, or change an existing feature.

8. Termination of Services

Abacus may terminate your privilege to use the Abacus web sites for any reason at any point in time with prior notice. In particular, Abacus reserves the right to terminate your privilege to use the Abacus web sites if there is suspicion of a breach of this Agreement, the Terms and Conditions of Use Policy. We may notify you that you have breached the Agreement, and your account is being terminated. We may, in our sole discretion, terminate your access to this site, or any portion thereof, or discontinue providing the site, or any portion thereof. These actions are in addition to and not in lieu or limitation of any other right or remedy we may have available at law. Further, we shall not be liable to you or any third party for any such termination or discontinuance. Our failure to act with respect to a breach by you or others of these Terms and Conditions of Use does not waive our right to act with respect to subsequent or similar breaches.

9. Conflict Resolution, Governing Law and Jurisdiction

You agree that this Agreement is entered into among you, the Abacus web sites and Abacus in the State of Rhode Island, United States of America, without reference to conflict of law principles. You agree that this Agreement and your use of the Abacus web sites shall be construed and governed by the laws of the State of Rhode Island, United States of America, without reference to its conflict of law principles. Any dispute arising out of or relating to this Agreement or your use of the Abacus web sites shall be subject to, and you hereby consent and submit to, the exclusive jurisdiction of the state and federal courts located in the City of Providence, Rhode Island, United States of America. Any cause of action or claim you may have with respect to the Abacus web sites must be commenced within one (1) year after the claim or cause of action arises. The Abacus web sites' and Abacus' failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.

The Abacus web sites and Abacus may assign our rights and obligations under this Agreement to any party at any time without notice to you and upon such assignment the Abacus web sites and Abacus shall be relieved of any further obligation hereunder.

10. Copyright, Service Marks and Trademarks

myMedicationAdvisor®, HeartAge®, and myHealthMaximizer® are trademarks and service marks held by Abacus. All images, text, custom graphics, button icons, graphs, photographs, audio and video clips, the collection and compilation and assembly thereof, and the overall look and distinctiveness of this site constitute trade dress and are the property of Abacus. Any use of such trademarks, service marks, registered or pending, and/or trade dress without the prior written consent of Abacus is expressly forbidden. Any other trademarks or service marks appearing anywhere on this site are the property of their respective owners.

The contents of the site including all images, text, custom graphics, button icons, modules, surveys, calculators, interactive tools, message boards, video clips, and all other material available on this site are the exclusive property of Abacus and are protected by U.S. and international copyright laws. Nothing contained on this site shall be construed as granting, by implication, or otherwise, any license or right to use any materials available on this site without the prior written consent of Abacus or such other party that may own the materials available on this site.

The contents of this web site may be used for informational purposes. You may download and reprint a single copy of the materials from the service for your own personal, noncommercial use or email an article to your personal contacts (i.e., your friends and family), provided that: (a) you copy all text without modification; (b) you include all applicable copyright notices, disclaimers, and other legal text; and (c) you do so without any direct or indirect financial gain. Any other use of the materials is strictly prohibited without our prior written permission and the permission of other applicable right holders. No part of the Abacus web sites may be distributed, copied, modified, or revised without advance written consent of Abacus. You agree as part of this binding agreement not to reproduce or circulate any of the content on this site to anyone. Any use of portions of this site must include the copyright notice.

© 2003. The Abacus Group. All rights reserved.

11. Licenses, Idea Submissions, and Surveys

You hereby agree to grant the Abacus web sites and Abacus a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information including, but not limited to, ideas contained therein for new or improved products or services you submit to public areas of the Abacus web site such as Frequently Asked Questions and e-mails by all means and in any media now known or hereafter developed. This does not include Protected Health Information as defined by HIPAA. You hereby warrant that any such materials and information are original with you, or that you have the right to submit such materials and information. You agree that you shall have no recourse against the Abacus web sites and Abacus for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us.

As a user of the myMedicationAdvisor® web site, you may receive a survey in the mail asking you for your opinions about this service. Completion of this survey is entirely voluntary. These surveys are designed to better understand user satisfaction with the web site and to develop future web site content.

12. Contact Information

If you have any questions about the service, please contact us by one of the following means:

  • Mail: The Abacus Group
    Attn: Abacus Health Solutions
    1210 Pontiac Avenue
    Cranston, Rhode Island 02920

  • Call our Helpline:  (401) 467-3113 (in Rhode Island) or 877-467-3113

  • E-mail us at:   AbacusHealth@theabacusgroup.com

13. Severability

The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof.

14. Entire Agreement

This Agreement constitutes the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter hereof.

© 2017 My Medication Advisor, LLC