PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

By using this application or web site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this application or web site.

Hunt – Psychiatric Innovations, LLC, a Tennessee Limited Liability Company ("HPI") may revise and update these Terms and Conditions at any time. Your continued usage of the MedOptimizer-ADD/ADHD application (“MedOptimizer App”) and/or the www.MedOptimizer.com web site ("Site") will mean you accept those changes.

HPI, THE MedOptimizer APP AND THE MedOptimizer SITE DO NOT PROVIDE MEDICAL ADVICE. The contents of the MedOptimizer App and other material contained on the Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition, diagnosis and/or treatment. Never disregard professional medical advice or delay in seeking it because of information provided to you by the MedOptimizer App or the Site. It is important to take your prescription medications exactly as directed by your physician. The MedOptimizer App and the Site are designed to identify and suggest modifications that may benefit patients and help to find the “Best Fit” for individuals, but you should discuss the information provided by the MedOptimizer App and the Site with your physician before making any changes in how and when you take your medication. The information provided by the MedOptimizer App and the Site is intended to aid and facilitate discussion with your physician. It is important that you ALWAYS consult with your physician to enable you to find “the right medication at the right dose and time for the tasks you are doing right now”.

As always, if you think you may have a medical emergency, call your doctor or 911 immediately.

PRIVACY

Any information submitted via the MedOptimizer App and the Site is subject to our Privacy Policy which protects from public disclosure any personally identifiable data and information resulting from usage of the MedOptimizer App or the Site. You will find the most recently updated version of our Privacy Policy on the Site.

COMMUNICATION WITH US

If during the course of your usage of the MedOptimizer App or the Site you send an email, make a blog post, or transmit any other form of communication, we will collect information about your communication. By communicating with us or transmitting information such as an email or blog post via the MedOptimizer App or the Site, you give us your irrevocable permission to collect, archive, retrieve, and otherwise use any information as we see fit. Any communication which, in our sole discretion, we deem to be testimonial in nature may be retransmitted and publicized by us for commercial purposes. By submitting communications or content to us, you agree that such submission is non-confidential for all purposes. To protect your privacy, you agree that you will not submit any material that contains Personally Identifiable Information about you or anyone else.

It is strictly prohibited to submit any communication of any kind that contains expressions of hate, abuse, obscenity or anything else that could give rise to civil or criminal liability or that otherwise may be in conflict with these Terms and Conditions or our Privacy Policy.

By using the MedOptimizer App and the Site, you consent to receiving electronic communications from us. These communications will include notices about your account and information concerning or related to our services. These communications are part of your relationship with HPI and the benefits provided to you by virtue of your use of the MedOptimizer App. You agree that any notice, agreement, disclosure or other communication that we send to you electronically will satisfy any legal communication requirement or obligations including that such communication be in writing.

You further agree to use the MedOptimizer App and the Site solely for their intended purpose.

DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY

THE HUNT - MEDOPTIMIZER-ADD/ADHD SERVICE, INCLUDING ALL FEATURES ASSOCIATED WITH THE APP, THE WEB SITE, ITS CONTENTS, AND THE PROPRIETARY ANALYTICS ASSOCIATED WITH OUR ANALYSIS OF YOUR UPLOADED DATA ARE PROVIDED “AS IS,” WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE HUNT - MEDOPTIMIZER-ADD/ADHD PRODUCT OR RELATED SERVICES, ITS ASSOCIATED WEB SITE OR THE CONTENTS THEREOF. We assume no liability or responsibility for any errors or omissions in the content of the MedOptimizer App or the Site, any failures, delay, or interruptions in the delivery of any content contained on or related to the Site, including any losses or damages arising from the use of the uploaded data, the analytics, the conclusions drawn therefrom, or any other content provided or generated by the MedOptimizer App, the Site, or associated analytics. TO THE EXTENT ALLOWABLE BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE., AND NON-INFRINGEMENT. We do not represent or guarantee that your use of the MedOptimizer App will be free from loss, corruption, attack, viruses, interference, hacking or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our representatives shall create a warranty or otherwise constitute a representation binding upon Dr. Robert D. Hunt, HPI, or any individual, business, corporation or limited liability company associated in any way with Dr. Robert D. Hunt or Hunt – Psychiatric Innovations, LLC.

In no event shall our total liability to you for any and all damages for losses arising from the use or inability to use the MedOptimizer App or the Site, its contents or our services, including any features associated therewith, exceed the amount you have spent in the purchase of the MedOptimizer App and your use thereof. The foregoing limitations will apply even if the above stated remedy fails to accomplish its essential purpose. If any applicable authority holds any part of this section to be unenforceable, liability will be limited to the fullest possible extent permitted by applicable law.

OWNERSHIP OF DATA GENERATED

The data entered by each respective MedOptimizer App user is deemed to be personal medical data as that term is used in Health Insurance Portability and Accountability Act of 1996 (“HIPPA”) and is, therefore, subject to the confidentiality and privacy protections set forth under that and other applicable legislation. Accordingly, each respective data point entered by each and every respective individual user of the MedOptimizer App is owned by the individual user who entered such data point. This user-specific personal medical data may be shared with or given to the prescribing physician or to any other individual by and only by the individual who entered the data and retrieved its analytical manifestation (in graphs or other post-analytics format) from the MedOptimizer App or the Site.

THE ABOVE PROTECTIONS OF INDIVIDUAL USER DATA NOTWITHSTANDING, YOU UNDERSTAND AND WITHOUT LIMITATION AGREE THAT IN AGGREGATE FORM, NOT TRACABLE TO ANY INDIVIDUAL MedOptimizer APP USER OR PATIENT, ALL DATA ENTERED BY ANY MedOptimizer APP USER IS ALSO OWNED BY HPI. YOU ALSO AGREE THAT IN ITS CAPACITY AS THE AGGREGATOR AND ANALYST OF THE DATA GENERATED BY EACH AND ALL OF THE RESPECTIVE APP USERS, HPI MAY USE SUCH AGGREGATED DATA TO IDENTIFY TRENDS IN SYMPTOMS, TREATMENT OR TREATMENT-EFFICACY AND TO PUBLISH APPLICABLE RESULTS AIMED AT ACADEMIC, COMMERCIAL, PRACTITIONER OR PATIENT-SPECIFIC AUDIENCES FOR ANY PURPOSE, AS HPI AND ITS AFFILIATES OR AGENTS SEE FIT. BY USING THE APP, YOU CONSENT TO AND AUTHORIZE SUCH USE(S) OF THAT PORTION OF THE AGGREGATED DATA THAT HAS BEEN SUBMITTED BY YOU. ANY AND ALL SUCH AGGREGATED ANALYSES, FINDINGS, CONCLUSIONS OR RESULTS WILL BE DESIGNED, PERFOMED AND PRESENTED IN SUCH A MANNER THAT NONE OF THE DATA PROVIDED BY ANY INDIVIDUAL MedOptimizer APP USER COULD OR WILL BE IDENTIFIABLE OR TRACEABLE BACK TO THE USER.

INTELLECTUAL PROPERTY RIGHTS

Patent Protections. The original and unique aspects of the design, programming, operation, use, and functionality of the MedOptimizer App, including the proprietary analytics governing the analysis of data submitted by its users, have been the subject of two separate but complimentary applications filed with the United States Patent and Trademark Office (“USTPO”). (Application No. 61504677 et al.)

Copyright Protections. Under US Copyright Law, the words contained in a written document are protected from the moment such words are written, even if the author of such words does not provide any formal notice and files no formal transcript of such writing with the USPTO. Under the “first in time” rule, the individual who first pens the protected words holds an enforceable copyright interest in such words in priority over any and all individuals or entities who may, subsequent to the first writer, write identical or vastly similar words. This “first-in-time” protection is strongly reinforced if the originator of the protected writing submits to the USPTO a formal transcript of the protected speech.

Accordingly, the full and compiled body of all content that addresses or regards in any way the MedOptimizer App, the content of the Site, all affiliated promotional and marketing materials, and all software, computer code or programs are the exclusive property of HPI, a Tennessee Limited Liability Company. You agree to not decompile, reverse engineer or disassemble any software or other products or processes accessible through the MedOptimizer App or the Site, not to insert any code or product or manipulate the content of the site in any way that affects the user’s experience and not to use any data mining, data gathering or extraction method. HPI reserves the right to terminate your subscription hereunder if it, in its sole and absolute discretion, believes that you are in violation of this paragraph. Your use of the MedOptimizer App and the Site is for your personal and non-commercial use.

Trademark and Service Mark Protections. “MedOptimizer”, “MedOptimizer-ADD/ADHD” and “Hunt - MedOptimizer-ADD/ADHD” are registered trademarks of HPI. The phrase that defines the logic and benefits of the MedOptimizer App, “The right medication at the right dose and time for the task you are doing right now.” relating to the MedOptimizer App and the Site are proprietary trademarks and/or service marks owned by Hunt -Psychiatric Innovations, LLC. The Site, including but not limited to its graphics, logos, page headers, button icons, scripts, texts and service names constitute trade dress of Hunt - MedOptimizer-ADD/ADHD and are owned by HPI. The trademarks, service marks and trade dress of Hunt – Psychiatric Innovations, LLC and may not be used or reproduced without prior written approval and may not be used in connection with any product or service that is not affiliated with the MedOptimizer App or the Site in any manner that is likely to cause confusion among customers, or in any manner that dilutes the rights of HPI, or in any manner that disparages or discredits the MedOptimizer App, the Site, or HPI. Any other trademarks that may appear on the Site are the exclusive property of their respective owners who may or may not be affiliated with, connected to, or sponsored by Hunt – Psychiatric Innovations, LLC. Images of persons or personalities that may appear on the Site are not an indication or endorsement by Hunt –Psychiatric Innovations, LLC or any particular product or service unless otherwise indicated.

LIMITATIONS ON USE

Unless otherwise specified, the content on the Site is for your personal and non-commercial use only. We grant you right of access to a limited license to access the Site for that purpose only. You may not download, modify, copy, distribute, transmit, display, perform reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on , or obtained from the Site without our express written consent. We reserve the right to terminate or restrict your use of our service, without notice for any or not reason whatsoever.

LINKS TO/FROM OTHER SITES

Other web sites and services may link to the Site. Hunt – Psychiatric Innovations, LLC has not reviewed such web sites and is not responsible for the content or privacy policies of these other web sites.

LAW GOVERNING DISPUTES

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Tennessee without regard to conflicts of law provisions. You and Hunt – Psychiatric Innovations, LLC agree that the United States District Court and/or the Circuit Court for District 20 in Davidson County, Tennessee shall have exclusive jurisdiction over any dispute between you and HPI relating in any way to the MedOptimizer App, the Site or these Terms of Use. You and Hunt – Psychiatric Innovations, LLC expressly and irrevocably consent to personal jurisdiction and venue in these courts. The parties agree that in any such dispute or subsequent legal action, they will only assert claims in an individual (i.e., non-class, non-representative) basis, and that they will not seek or agree to serve as a named representative in a class action or seek relief on behalf of those other than themselves.

QUESTIONS? CONTACT US.

If you have any questions regarding the MedOptimizer App, the Site, the proprietary analytics used to evaluate and graph user data or the interpretation and use of such data in identifying the “right medication at the right dose and time for the tasks you are doing right now,” please use the “Contact Us” function on the www.MedOptimizer.com web site to bring such questions to our attention.