Terms of Service
MedWell Consultants, LLC d/b/a MedWell Solutions (“MedWell,” “our,” “us,” or "we") provides PACE Advantage™ (the “Software”), an educational reward program for medical patients, providing education for use of the CareScriptions™ Interactive Remote Health Management solution, providing assistance in management of treatment plans. PACE Advantage includes an associated web- or portal-based versions of a patient education platform.
Designation of Caregivers
As a patient user of PACE Advantage, you may allow one or more caregivers that you designate, validate and invite to use PACE Advantage on your behalf via the Software. As a patient, you acknowledge that MedWell is not responsible for any caregiver that you allow to use and access the PACE Advantage Software and information about you and your treatment plan on your behalf.
Subject to the terms of this Agreement, MedWell hereby grants you a limited, non-exclusive and nontransferable license to (a) download, install and use the Software on a single smart phone, tablet or other mobile device that you or your health care provider own or control, (b) access PACE Advantage via the Software, and (c) use the content, including text, pictures, videos, links and personalized information or instructions made available to you through the Mobile App (“Content”) for your personal, non-commercial use.
You agree not to: (a) copy any element of PACE Advantage, except as expressly permitted by this license; (b) modify, translate, adapt, or otherwise create derivative works or improvements of PACE Advantage; (c) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of any element of PACE Advantage; (d) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notice from PACE Advantage; or (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available PACE Advantage or any features or functionality thereof to any third party for any reason.
Reservation of Rights
You acknowledge that the Software is licensed, not sold, to you. MedWell reserves all rights in and to PACE Advantage not expressly granted to you under this Agreement. You do not acquire any ownership interest in the Software or PACE Advantage under this Agreement, including any copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement. If you submit comments, suggestions, or other feedback regarding PACE Advantage, you grant MedWell, the right to use such feedback for any purpose. All material contained in this Software (including images, text, and the look and feel attributes) is the property of MedWell and/or its licensors and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws. MedWell reserves all rights in that regard. Removing or altering the copyright notice on any material that appears is strictly prohibited.
(a) License Granted to Us in Patient Content
As part of PACE Advantage, patients and caregivers may have the ability to submit text, photos and personalized information. Patients and caregivers that contribute Content about a patient ("Patient Content") expressly permit the uses that we envision. If you post or share Patient Content (or allowing a caregiver to do so on your behalf) through the Software, you hereby grant MedWell a non-exclusive, fully-paid, royalty-free, fully sub-licensable, transferable, irrevocable worldwide license under any of the applicable intellectual property or other rights protecting the Patient Content to use, display, reproduce, analyze, disseminate and distribute the same (in whole or in part).
(b) Patient Content You Submit
You may not provide any Patient Content that is malicious, defamatory, pornographic, abusive or threatening, or that promotes illegal or immoral activities, or infringe the rights of others. You represent to us that, to your knowledge (a) you have the right to share the Patient Content via the Software, and (b) the posting and sharing of your Patient Content does not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person or entity. If you are a caregiver, you further represent and warrant that you have all necessary rights, licenses, consents and approvals from patients and any necessary third parties to provide us with any Patient Content (including patient health information) in connection with PACE Advantage. We reserve the right to remove any of Patient Content from PACE Advantage in our sole discretion.