MyDirectives

MyDirectives® and MyDirectives MOBILE™ Terms and Conditions of Use

 

Introduction.

 

Welcome to MyDirectives® and MyDirectives MOBILE®!  When you create a MyDirectives account using the MyDirectives MOBILE software application (the “App”) or the MyDirectives website located at https://secure.mydirectives.com (the “Site”) provided by ADVault, Inc. (“ADVault”), then you agree that you have read and understood the terms and conditions of use below (the “Terms”), and you agree to be bound by them.  When it’s appropriate, we refer to the App and the Site collectively as MyDirectives.

If you don’t agree to be bound by these Terms, then you can’t create a MyDirectives account, and you should delete any copies of the App on your device.  When you use or access MyDirectives, you agree to comply with any guidelines, rules, terms and conditions applicable to your use or access that ADVault posts, and with any applicable third-party terms of agreement.

 

In return for our commitment to provide the MyDirectives service, we require you to make commitments to us with respect to the information you provide.

 

 

You must be at least 18 years old to use MyDirectives.

You agree that any information you provide through MyDirectives is and will remain true, accurate and complete.

ADVault sends you reminders to verify and upate your information at least once a year, so you agree to maintain and update that information regularly.

You agree that if any information that you provide is false, inaccurate, obsolete or incomplete, we may terminate your use of MyDirectives.  ADVault isn’t responsible or liable for any inaccuracies in the information you provide through MyDirectives.  

You, your estate and your heirs will not hold ADVault or any officer, director or employee of ADVault liable for any loss, injury, or claims of any kind, including without limitation any loss, injury, or claim resulting from your failure to provide true, accurate, updated and complete information when you use MyDirectives.

 

We have rules governing your MyDirectives registration and account creation, and you agree to follow those rules.

 

When you create an account and access MyDirectives, you can’t use an email address that is already being used by another MyDirectives user, an email address that belongs to somebody else, or an email address that may be seen as impersonating another person.

You can’t use an email address that violates someone else’s rights, including intellectual property rights.

You can’t use an email address that is offensive (and we reserve the right to decide what is or is not offensive).

Your user name and password are for your personal use only, and not for use by any other person.  You are responsible for maintaining the confidentiality of any password you use to access MyDirectives.  If you transfer your user name and password, or if you loan or otherwise transfer your use of or access to MyDirectives, to any other person, then you are fully responsible for anything that happens while someone else is using your user name and password.

You agree to immediately notify ADVault of any unauthorized use of your user name or password or any other breach of security related to your account or MyDirectives.  You also agree to ensure that you sign out of your account with MyDirectives at the end of each session.

To report unauthorized access or use of MyDirectives, send an email to info@MyDirectives.com.  We aren’t liable for any loss or damage that results from your failure to comply with any of the obligations listed above.

ADVault may be required by law to send email communications to you about MyDirectives, the use of information you store on MyDirectives, and other services.  Doctors, hospitals and other healthcare providers (“Third-Party Providers”) that have access to your personal information, your advance care plan or other documents you create or store using MyDirectives, may also be required to communicate with you by email.  You agree that ADVault, on behalf of itself and any such Third-Party Providers, may communicate with you by email, and you consent to receiving these emails.  If you withdraw your consent to receive emails, ADVault may be forced to terminate your right to use MyDirectives.

Finally, as we discuss further below access to any premium discounts or other benefits related to such members’ use of MyDirectives (“Health Plan Incentives”) may require an insurance or benefit plan member identification number provided by your insurance carrier or plan administrator, as well as other credentials and passwords related to your insurance or benefit plan.  You are responsible for maintaining the confidentiality of that information.

 

We’re providing you notice about our intellectual property rights and what you can’t do with our MyDirectives software.

 

 

MyDirectives and any content that we make available are protected by intellectual property laws.  ADVault is licensing MyDirectives to you, we are not selling it to you.  You may use MyDirectives only as permitted by these Terms, and ADVault reserves all rights not expressly granted to you under these Terms.

You can’t modify, adapt, alter, translate or create derivative works of the App or the Site.

You can’t use or merge MyDirectives, or any component or element of MyDirectives, with other software, databases or services not provided by ADVault.

You can’t sublicense, distribute, sell or otherwise transfer MyDirectives to any third party.

You can’t reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or structure of the App or the Site.

You can’t interfere in any way with the operation of MyDirectives.

You can’t circumvent, or try to circumvent, any security measures in place to regulate or control access to MyDirectives.

You can’t use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather MyDirectives or reproduce or circumvent the navigational structure or presentation of MyDirectives without our express prior written consent.

You can’t use MyDirectives for any commercial purposes unless you have an agreement in place with us to do so.  You agree not to develop, distribute or sell any software or other functionality capable of launching, being launched from or otherwise integrated with MyDirectives. 

You can’t remove, alter or obscure any copyright notice or any other proprietary notice that appears on or in MyDirectives.

You agree not to encourage or help anyone else to do anything listed above.

Any logo, trademark, service mark, domain name, or trade name appearing on MyDirectives, including “ADVault,” “MyDirectives” and "MyDirectives MOBILE" (“Marks”), whether registered or not, are the property of ADVault or their respective owners.  You can’t use any Marks without the express written permission of ADVault.

 

We’re granting you a limited license to some of those intellectual property rights.

 

 

ADVault grants to you a limited, royalty-free, non-exclusive, personal and non-transferable, license to install and use the App on personal mobile electronic devices or smart phones that you own or control solely for your own personal, non-commercial purposes, subject to your compliance with these Terms.  You agree that we can download and install updates to the App on your device.

 

Any information you submit is subject to our privacy policy . . .

 

Your submission of information through MyDirectives is governed by ADVault’s Privacy Policy, which is located at https://mydirectives.com/en/about/privacy-policy.  We don’t look at your answers or try to change them, but our software will try to help you avoid conflicting responses.  We also study traffic patterns on the Site and App to try to learn how people use MyDirectives, where they might be having problems or getting confused, and where they might be dropping off, so that we can improve our user experience.

 

BUT you understand and agree that we have the right to monitor your MyDirectives activity for limited purposes.

 

You understand and agree that ADVault and its affiliates have the right to monitor activity on MyDirectives to protect the privacy of our users.

We also have the right to monitor activity on MyDirectives as needed to enforce these Terms and protect ADVault and our employees, officers, directors, shareholders, and MyDirectives users and visitors from any unlawful, misleading or fraudulent activity.

We also have the right to monitor activity on MyDirectives to comply with legal obligations or governmental requests.

Unauthorized use of MyDirectives may subject you to criminal prosecution.  We may use evidence of unauthorized use for administrative, criminal or other disciplinary action.  Your use of MyDirectives, authorized or unauthorized, constitutes consent to monitoring by ADVault and its affiliates for the purposes listed above.

 

We may change, suspend or end MyDirectives, or change and modify our policies on how you use MyDirectives, but we’ll let you know in advance if we do.

 

 

Just like almost any other business, we may need to temporarily or permanently change, suspend or discontinue MyDirectives some day.  We may need to change how you use MyDirectives, including charging you fees to use the service.  We may also offer special opportunities to some or all users of MyDirectives.  We’ll notify you before we make significant changes to MyDirectives, and you agree that neither ADVault nor any of our affiliates will be liable to you or to any third party for any modification, suspension or discontinuance of MyDirectives.

 

When you create your MyDirectives account, you authorize us to share your signed MyDirectives advance care plan or similar documents and rich media files that you upload and store on MyDirectives with healthcare providers and others in accordance with HIPAA and similar foreign laws and regulations that govern personal healthcare information.

 

As part of your enrollment in MyDirectives, ADVault requires you or your representative to authorize the use and/or disclosure of certain Protected Health Information (as that term is defined under United States law at 45 CFR 164.501) between ADVault and hospitals and other medical treatment centers subject to the United States Federal Health Insurance Portability and Accountability Act of 1996, as amended (“HIPAA”), or to similar laws and regulations outside the United States of America.  Our complete MyDirectives HIPAA Notice is located at https://mydirectives.com/en/about/hipaa-notice/.  You’ll find the meaning of any capitalized terms used in this section in our MyDirectives HIPAA Notice.

By registering with MyDirectives, either directly or with the help of a representative, and by using MyDirectives, you agree that ADVault and the Covered Entities and Business Associates may disclose your PHI to each other as necessary for ADVault to store your medical treatment goals, preferences and priorities and send them to Covered Entities and Business Associates in a time of need.

You also agree that ADVault and the Covered Entities and Business Associates may disclose your PHI to each other as necessary for the Covered Entities and Business Associates to provide to ADVault, as well as to locate, retrieve, view and print, any documents, rich media files and PHI stored on MyDirectives.

You understand that once the information above is released, it may be subject to re-disclosure by ADVault or a Covered Entity or Business Associate and may not be protected under the privacy rules issued under HIPAA or similar laws outside the United States of America.

We’ll provide you with a copy of the applicable PHI upon written request addressed to info@MyDirectives.com.

ADVault isn’t a healthcare provider or a Covered Entity, and no Covered Entities are parties to these Terms between you and ADVault; however, we understand and agree that a Covered Entity can’t condition any treatment, payment, enrollment or eligibility for benefits on whether you agree to these Terms and create a MyDirectives account.

You agree that the authorization above will remain in effect for as long as you have your MyDirectives account.  If you ever close your MyDirectives account, your authorization above will be automatically revoked.  In that case, no further use or disclosure of your PHI will be permitted to ADVault or any Covered Entity or Business Associate beyond that date.

Once your MyDirectives account is closed and your authorization is revoked, ADVault agrees that it will not use or disclose your PHI for the purposes stated above except to the extent that we have already relied on the authorization.  We’ll do our best to make sure that any Covered Entities and Business Associates that we have relationships with do the same.

 

To help you get your voice heard if you have a health crisis and can’t communicate, we have relationships with healthcare providers and insurance companies, but we don’t control them.

 

 

MyDirectives lets users share information with Third-Party Providers.  However, we don’t control those providers.  Each medical treatment provider will follow its own institutional procedures, local laws and regulations in making decisions about care and treatments that may conflict with your goals, preferences and priorities recorded in your advance care plan created or uploaded and stored using MyDirectives.  That is why ADVault can’t guarantee that medical treatment providers will access and/or follow your wishes as expressed in your advance care plan or any other documents created or stored using MyDirectives in any particular situation.

You can also submit and store the name of your insurance or benefit plan, but MyDirectives doesn’t provide any information regarding benefits coverage, healthcare costs, or doctors and hospitals participating in your plan.  You should contact your insurance carrier or plan administrator (“Payers”) for this information.  In some cases, a Payer may contract with ADVault to provide its members with information about Health Plan Incentives.  We reserve the right to monitor those Health Plan Incentives, but we don’t control the Payers or the Health Plan Incentives, and we aren’t responsible or liable for any inaccuracies that they may contain, or for any messaging, reference materials or other content or services made available in those Health Plan Incentives.

ADVault does not sell advertising or access to its platforms to advertisers.  However, MyDirectives may contain information concerning Third-Party Providers, Payers and other partners or advertisers who may offer products or services compatible with MyDirectives.  We may also provide links to third-party websites or software applications.  That information and those links are provided solely for your convenience.  We don’t monitor, control or endorse any companies or their products or services, and we aren’t responsible for services and features offered by other people or companies, even if you access them through MyDirectives.

In fact, ADVault isn’t responsible or liable for any transactions or disputes between you and any Third-Party Providers or Payers.  If you have a dispute with a Third-Party Provider or Payer, you agree to release us (and our officers, directors and employees) from any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with the use of MyDirectives or such disputes.  You waive any provisions of any state, province, or country law that limit or prohibit a general release.

 

We are not responsible for things that we do not control.

 

You are responsible for the computer hardware, telecommunications, broadband, and other services needed to access and use MyDirectives, and for paying all related charges.  ADVault doesn’t operate or control the Internet or your mobile connection, so ADVault can’t guarantee that MyDirectives will be error or virus free, invulnerable to hackers or other unauthorized users, or always available.  ADVault isn’t responsible for defects in computer hardware or software, communication lines, the Internet or Internet service providers, or any other service or device that you or anyone else uses to access MyDirectives.

Our sole responsibility is to store and furnish your advance care plan created or uploaded and stored using MyDirectives, along with other information stored in MyDirectives in accordance with these Terms. 

We may rely on any document – not only as to its execution, validity, and effectiveness, but also as to the truth and accuracy of any information contained in the document – that we in good faith believe to be genuine, and to have been signed or presented by the person claiming to have signed it.  Similarly, ADVault may rely on the validity, truth and accuracy of any rich media file such as audio or video files that you upload and store using MyDirectives.

You acknowledge that you are responsible for complying with the laws of your particular state, province, territory, canton or country with respect to witness and notary signature requirements on your MyDirectives advance care plan, as well as on any document or rich media file that you upload and store using MyDirectives.  

 

We can remove content or information you provide to MyDirectives and disable or terminate your MyDirectives account if you violate these Terms.

 

ADVault can remove any content, documents or information that you create or store using MyDirectives if we believe that it violates these Terms or our policies, or if we are permitted or required to do so by law.

We can also suspend or terminate your use of or access to MyDirectives (including any Health Plan Incentives made available through MyDirectives) immediately and without notice to protect our community or services, or if you create risk or legal exposure for us, or if you fail to comply with these Terms.  Such suspension or termination may result in the permanent deletion of your information or other previously available content.  Any termination of your rights to use MyDirectives will not affect ADVault’s rights.

 

MyDirectives is not a substitute for professional healthcare advice.

 

 

The health-related information available through MyDirectives is general in nature and isn’t a substitute for professional healthcare.  We provide that information for educational purposes only.  We don’t intend for you to use that information to replace the advice of healthcare professionals.  You are responsible for your reliance on MyDirectives and the health-related information available through MyDirectives.  You are also responsible for any decisions or actions resulting from your use of MyDirectives.  That includes any decision to seek (or not) any diagnosis or treatment.  If you have specific healthcare needs, or for complete health information, please see a doctor or other healthcare provider.

 

MyDirectives is not a substitute for professional legal advice.

 

 

ADVault provides information and software only.  The information available through MyDirectives isn’t intended to serve as legal advice regarding any particular situation or the laws or regulations of any particular jurisdiction.  ADVault doesn’t claim or represent that an advance care plan created using MyDirectives constitutes a "legal advance directive," "advance medical directive" or similar document under the laws or regulations of any particular jurisdiction, even if you comply with witness or notary requirements that apply where you live.  We don’t provide legal advice or participate in any legal representation.  We’re not a law firm or a substitute for an attorney or law firm.  If you need legal or other expert assistance, you should seek the services of a competent legal professional.

 

Who has rights under these Terms?

 

The agreement explained in these Terms does not give rights to anyone other than you and ADVault.

You cannot transfer your rights or obligations under these Terms without our consent.

Our rights and obligations can be assigned to others.  For example, this could occur if our ownership changes or by law.

Who is responsible, and what happens, if something goes wrong?

 

MyDirectives and any information that the App and Site contain are provided “as is” and “as available,” and we can’t guarantee that MyDirectives will be safe and secure or will work perfectly all the time.  You are using MyDirectives voluntarily and at your sole risk.  TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.  

We make no guarantee, representation or warranty regarding the availability, accessibility, validity or enforceability in any particular jurisdiction of your MyDirectives advance care plan or any document that you upload and store using MyDirectives.

Our responsibility for anything that happens on MyDirectives (also called a “liability”) is limited as much as the law will allow.  If there is an issue with MyDirectives, we can’t know what all the possible impacts might be.  You agree that we won't be responsible (“liable”) for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible.  This includes when we delete your content, information, or account.  Our aggregate liability arising out of or relating to these Terms will not exceed the greater of $100 or the amount you have paid us in the past twelve months.

You agree to defend (at our request), indemnify and hold harmless ADVault and our officers, directors, employees, agents and licensors from and against all claims, actions, liabilities, losses, expenses, damages and costs (including reasonable attorney’s fees and costs) (collectively, “Losses”) arising out of or related to your use of MyDirectives or any violation of these Terms by you; however, your indemnification obligation will not extend to any Losses that are related to the intentional or negligent actions or inactions of ADVault.  You agree to cooperate with us in the defense of any claim if required.  We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not under any circumstances settle any claim without our prior written consent.

 

We do not mean for your use of MyDirectives to subject us to your laws.  We live in Texas, United States of America.  We believe that Texas courts should apply Texas law to any disputes between us.

 

 

MyDirectives is controlled and operated by ADVault from the United States of America, and your use of MyDirectives isn’t intended to subject ADVault or its affiliates to the laws or jurisdiction of any state, country or territory other than that of the United States.

To the extent not preempted by or inconsistent with United States federal law, the laws of the State of Texas, United States of America, will govern these Terms and any claim, without regard to conflict of law provisions.  You agree that any claim or dispute arising in connection with your use of MyDirectives will be brought and resolved exclusively in the U.S. Federal Courts in Dallas County, Texas, United States of America.  You also agree to submit to the personal jurisdiction of these courts for the purpose of litigating any such claim or dispute.  Any cause of action or claim you may have with respect to MyDirectives must be commenced within one (1) year after the cause of action or claim arises.

 

If you are using our MyDirectives MOBILE™ App, then these additional terms and conditions from Apple apply to you.  They wrote them, not us.

 

In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, you acknowledge and agree to the following provisions with respect to your use of the version of the App that is compatible with the iOS operating system of Apple Inc. (“Apple”).  Apple is not a party to this agreement and does not own and is not responsible for the App.  Apple is not providing any warranty for the App, except if applicable, to refund the purchase price for it.  Apple is not responsible for maintenance or other support services for the App and will not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including, without limitation, any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement.  Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to ADVault in accordance with the “QUESTIONS” section below.  The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store℠ Terms of Service.  In addition, you agree to comply with the terms of any third-party agreement that is applicable to you when using the App, such as your wireless data service agreement. You acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of this agreement and that, upon your acceptance of the terms and conditions of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third-party beneficiary thereof.  Notwithstanding the immediately preceding sentence, ADVault’s right to enter into, rescind or terminate any variation, waiver or settlement under these Terms is not subject to the consent of any third party.

 

These Terms and our policies describe the entire agreement between you and ADVault.  They can only be amended or waived in writing signed by us.  If any of the terms of our agreement are unenforceable, that won’t change the rest of our agreement.

 

These Terms, together with all policies referred to in these Terms, are the entire agreement between you and ADVault relating to your access to and use of MyDirectives.

Any amendment or waiver of these Terms must be in writing and signed by us.  If we fail to enforce any aspect of our agreement, it will not be a waiver.

If any aspect of these Terms is found to be unlawful, void or unenforceable for any reason, that provision will be deemed removed from these Terms, but the rest of the rights and obligations under these Terms will remain in effect. 

 

We may change these Terms, but we’ll let you know in advance if we do.

 

 

If we change MyDirectives and our policies, we may need to make changes to these Terms so that they accurately reflect our services and policies.  Unless applicable law requires otherwise, we’ll notify you before we make changes to these Terms and give you an opportunity to review them before they go into effect.  Any changes to these Terms will become effective immediately when they’re posted on MyDirectives.  If you continue to use MyDirectives after we post such modifications, then you will be bound by the updated Terms.  If you don’t want to agree to these or any updated Terms, you can always close your account by signing in, accessing your My Account page, and clicking on the link at the bottom of the page that says “Click here to permanently close your MyDirectives account.”

 

Questions, complaints, claims, feedback, suggestions and ideas.

 

You can always contact ADVault at info@MyDirectives.com with any questions, complaints or claims regarding MyDirectives.  We make every effort to respond to user questions or complaints within 48 hours, and we try to fix any bugs that are discovered within 7 days. 

In addition, we always appreciate feedback, suggestions and ideas about MyDirectives, but you agree that we can use this feedback and these suggestions and ideas in any way, including in future MyDirectives modifications, multimedia works and/or advertising, and promotional materials relating to MyDirectives without any restrictions or obligation to compensate you for them, and we’re under no obligation to keep them confidential.

 

(Revised Fall 2018)