These Terms of Use (“Terms”) constitute a legally binding and enforceable agreement between you (“you,” “user”) and PatientReaction (“PatientReaction,” “we,” “us,” or “our”) governing all access to and use of the PatientReaction platform, including all features, functionality, services, content, communications, and interactions made available through the platform (collectively, the “Platform”).
By accessing, browsing, registering for, downloading, installing, or otherwise using the Platform in any manner, you irrevocably acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. Your use of the Platform constitutes legally binding acceptance through electronic means, and you agree that such acceptance is enforceable to the fullest extent permitted by law, regardless of whether a physical signature exists.
You further represent and warrant that you possess the legal capacity and authority to enter into this agreement, and that you are not prohibited from using the Platform under any applicable law.
If you do not agree to these Terms, you must immediately discontinue all access to and use of the Platform.
These Terms constitute the controlling legal agreement governing the Platform. The Privacy Policy, Transparency Policy, Governance Framework, and Community Guidelines are incorporated by reference and form part of this agreement. In the event of any conflict, inconsistency, or ambiguity, these Terms shall control to the fullest extent permitted by law.
You must be at least eighteen (18) years of age to access or use the Platform. By accessing or using the Platform, you represent and warrant that you meet this requirement and possess full legal capacity to enter into binding agreements.
If you access or use the Platform on behalf of any entity, organization, or third party, you represent and warrant that you have full authority to bind such entity to these Terms. In such cases, “you” shall refer to both the individual user and the entity.
PatientReaction reserves the right, in its sole discretion, to restrict, suspend, or terminate access to the Platform at any time for any reason or no reason, including but not limited to suspected ineligibility, misrepresentation, or violation of these Terms.
PatientReaction operates exclusively within the United States and is governed solely by applicable federal and state laws of the United States, including the laws of the State of New York, without regard to conflict of law principles.
The Platform is not intended for use outside the United States. Any access to or use of the Platform from outside the United States is undertaken solely at the user’s own risk. PatientReaction makes no representations or warranties regarding the legality or appropriateness of access to the Platform in any jurisdiction outside the United States.
PatientReaction operates solely as a passive, neutral technology platform that enables users to share personal healthcare-related experiences.
PatientReaction is not a healthcare provider, medical institution, clinical service, or regulated healthcare entity and does not provide medical advice, diagnosis, treatment, or clinical guidance of any kind.
PatientReaction does not employ, supervise, credential, evaluate, rank, compare, recommend, or endorse healthcare providers, treatments, services, or outcomes. The Platform does not function as a clinical decision-making tool and does not guide, influence, or direct user decision-making.
The Platform operates exclusively as an intermediary for user-generated content.
PatientReaction is an “interactive computer service” provider within the meaning of Section 230 of the Communications Decency Act (47 U.S.C. § 230).
To the fullest extent permitted by law, PatientReaction shall not be treated as the publisher or speaker of any information provided by users or third parties. PatientReaction assumes no liability for user-generated content, including but not limited to claims involving defamation, false statements, inaccuracies, omissions, or reputational harm.
PatientReaction does not create, develop, edit, verify, validate, or control user-generated content and does not assume responsibility for the substance, accuracy, or legality of such content.
All content available on the Platform is user-generated, unverified, and provided for informational and experiential purposes only.
Content may be incomplete, inaccurate, misleading, biased, or otherwise unreliable. PatientReaction does not verify, validate, or confirm the accuracy, completeness, or reliability of any content.
You expressly acknowledge and agree that you will not rely on any content available on the Platform for medical, professional, or decision-making purposes and will consult qualified professionals for any healthcare-related decisions.
All reliance on Platform content is undertaken solely at your own risk.
Use of the Platform does not create any physician-patient relationship, fiduciary relationship, advisory relationship, or any other professional relationship between you and PatientReaction.
PatientReaction assumes no duty, obligation, or responsibility of any kind with respect to content, user conduct, or Platform activity.
This includes, without limitation, any duty to monitor, review, verify, validate, remove, restrict, or act upon content, or to warn users, prevent harm, or enforce compliance.
The existence of any policies, guidelines, moderation activities, enforcement actions, or any other Platform functionality shall not be interpreted as creating any duty or standard of care.
You acknowledge that use of the Platform involves inherent risks, including exposure to inaccurate, misleading, or harmful content.
PatientReaction does not cause, influence, direct, or control user decisions, actions, or outcomes. Any connection between Platform content and user behavior is incidental and based solely on the independent judgment of the user.
You assume all risks associated with your use of the Platform.
You are solely and exclusively responsible for all content that you submit, post, upload, transmit, communicate, or otherwise make available on or through the Platform (“User Content”), whether publicly or privately.
You represent and warrant that:
You acknowledge and agree that:
PatientReaction functions solely as a passive intermediary and does not participate in the creation or development of User Content.
To the fullest extent permitted by law, PatientReaction shall not be liable for any claims arising from User Content, including defamation, reputational harm, reliance, or emotional distress.
You agree to indemnify, defend, and hold harmless PatientReaction from any claims arising from your User Content or your use of the Platform.
PatientReaction reserves the right, but not the obligation, to remove or restrict content at its sole discretion. The exercise or non-exercise of such discretion does not create any duty.
By submitting, posting, uploading, transmitting, or otherwise making User Content available on or through the Platform, you grant PatientReaction a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully paid, transferable, and sublicensable license to use, reproduce, copy, modify, adapt, publish, translate, create derivative works from, distribute, transmit, publicly display, publicly perform, and otherwise exploit such User Content, in any form, format, or medium now known or hereafter developed.
This license applies regardless of the geographic location in which the Platform is operated or accessed and remains in effect notwithstanding any limitation of the Platform to the United States.
You acknowledge that no compensation shall be owed to you for such use and that this license survives termination of your account or removal of content.
You agree not to access or use the Platform in any manner that violates applicable law, these Terms, or the rights of any third party.
Prohibited conduct includes, but is not limited to:
You are solely responsible for your conduct and for ensuring compliance with all applicable laws.
The identification of prohibited conduct does not create any obligation on the part of PatientReaction to monitor, detect, enforce, or prevent such conduct, and PatientReaction expressly disclaims any such obligation.
The Platform is provided on an “as is,” “as available,” and “with all faults” basis.
To the fullest extent permitted by law, PatientReaction disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to:
PatientReaction makes no representations or warranties regarding:
All use of the Platform is at your sole risk.
To the fullest extent permitted by law, PatientReaction, its affiliates, officers, directors, employees, agents, and representatives shall not be liable for any damages of any kind arising out of or related to your use of, inability to use, or reliance on the Platform.
This limitation applies to all damages, including but not limited to:
This limitation applies regardless of the legal theory of liability, whether based in contract, tort, negligence, strict liability, or otherwise, and even if PatientReaction has been advised of the possibility of such damages.
If, notwithstanding the foregoing, PatientReaction is found liable, the total aggregate liability shall not exceed one hundred U.S. dollars (USD $100).
You agree to indemnify, defend, and hold harmless PatientReaction, its affiliates, officers, directors, employees, agents, successors, and assigns from and against any and all claims, demands, actions, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees and legal costs) arising out of or related to:
PatientReaction reserves the right, at its own expense, to assume exclusive defense and control of any matter subject to indemnification, and you agree to cooperate fully in such defense.
This indemnification obligation shall survive termination of your use of the Platform.
Any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or your use of the Platform shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (AAA) in accordance with its applicable rules.
Arbitration shall take place in the State of New York, unless otherwise required by law, and shall be conducted in English.
You agree that:
Any claim must be brought within one (1) year after the cause of action arises, or such claim shall be permanently barred.
PatientReaction may assign, transfer, delegate, or otherwise convey these Terms, in whole or in part, without restriction and without notice to you, including in connection with a merger, acquisition, restructuring, financing, or sale of assets.
You may not assign, transfer, or delegate your rights or obligations under these Terms without the prior written consent of PatientReaction.
Any attempted assignment in violation of this provision shall be null and void.
These Terms shall be binding upon and inure to the benefit of PatientReaction and its successors, assigns, and transferees.
PatientReaction maintains version-controlled records of all governing documents, including these Terms.
PatientReaction reserves the unrestricted right to modify, revise, update, replace, or discontinue these Terms at any time, in its sole discretion.
All modifications shall become effective immediately upon posting, unless otherwise stated.
Your continued access to or use of the Platform after any such modifications constitutes your binding acceptance of the updated Terms.
PatientReaction may maintain electronic records of acceptance, including timestamps, user identifiers, IP addresses, and version history, which shall constitute conclusive evidence of acceptance and agreement.
All provisions of these Terms shall be interpreted broadly to maximize limitation of liability, disclaimer of responsibility, and allocation of risk to users to the fullest extent permitted by law.
Any ambiguity or uncertainty in the interpretation of these Terms shall be resolved in favor of limiting the liability and responsibility of PatientReaction.
If any provision of these Terms is found to be invalid, illegal, or unenforceable, such provision shall be severed, and the remaining provisions shall remain in full force and effect.