Honor My Decisions Terms and Conditions of Use
Welcome to Honor My Decisions. When you activate your Honor My Decisions software-as-a-service (SaaS) account using the Honor My Decisions SaaS website located at https://app.honormydecisions.com (the “Site”) provided by Honor My Decisions, LLC (“HMD”), 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 Site as Honor My Decisions.
If you don’t agree to be bound by these Terms, then you can’t activate your Honor My Decisions account. When you use or access Honor My Decisions, you agree to comply with any guidelines, rules, terms, and conditions applicable to your use or access that HMD posts, and with any applicable third-party terms of agreement.
In return for our commitment to provide the Honor My Decisions 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 Honor My Decisions.
You agree that any information you provide through Honor My Decisions is and will remain true, accurate and complete.
HMD sends you reminders to verify and update 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 Honor My Decisions. HMD isn’t responsible or liable for any inaccuracies in the information you provide through Honor My Decisions.
You, your estate, and your heirs will not hold HMD or any officer, director, or employee of HMD 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 Honor My Decisions.
We have rules governing your Honor My Decisions account and account activation, and you agree to follow those rules.
Your Honor My Decisions account can’t use an email address that is already being used by another Honor My Decisions 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.
Your username 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 Honor My Decisions. If you transfer your username and password, or if you loan or otherwise transfer your use of or access to Honor My Decisions, to any other person, then you are fully responsible for anything that happens while someone else is using your username and password.
You agree to immediately notify HMD of any unauthorized use of your username or password or any other breach of security related to your account or Honor My Decisions. You also agree to ensure that you sign out of your account with Honor My Decisions at the end of each session.
To report unauthorized access or use of Honor My Decisions, send an email to support@honormydecisions.com.
We aren’t liable for any loss or damage that results from your failure to comply with any of the obligations listed above.
HMD may be required by law to send email communications to you about Honor My Decisions, the use of information you store on Honor My Decisions, 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 Honor My Decisions, may also be required to communicate with you by email. You agree that HMD, 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, HMD may be forced to terminate your right to use Honor My Decisions.
We’re providing you notice about our intellectual property rights and what you can’t do with our Honor My Decisions software.
Honor My Decisions and any content that we make available are protected by intellectual property laws. HMD is licensing Honor My Decisions to you, we are not selling it to you. You may use Honor My Decisions only as permitted by these Terms, and HMD reserves all rights not expressly granted to you under these Terms.
You can’t modify, adapt, alter, translate or create derivative works of the Site.
You can’t use or merge Honor My Decisions, or any component or element of Honor My Decisions, with other software, databases, or services not provided by HMD.
You can’t sublicense, distribute, sell, or otherwise transfer Honor My Decisions to any third party.
You can’t copy, reverse engineer, decompile, disassemble, decrypt, modify, or otherwise attempt to derive the source code or structure of the Site.
You can’t interfere in any way with the operation of Honor My Decisions.
You can’t circumvent, or try to circumvent, any security measures in place to regulate or control access to Honor My Decisions.
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 Honor My Decisions or reproduce or circumvent the navigational structure or presentation of Honor My Decisions without our express prior written consent.
You can’t use Honor My Decisions 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 Honor My Decisions.
You can’t remove, alter, or obscure any copyright notice or any other proprietary notice that appears on or in Honor My Decisions.
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 Honor My Decisions (“Marks”), whether registered or not, are the property of HMD or their respective owners. You can’t use any Marks without the express written permission of HMD or their respective owners.
Any information you submit is subject to our privacy policy.
Your submission of information through Honor My Decisions is governed by HMD’s Privacy Policy, which is located at https://www.iubenda.com/privacy-policy/7884593. 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 to try to learn how people use Honor My Decisions, where they might be having problems or getting confused, and where they might be dropping off, so that we can improve our user experience.
However, you understand and agree that we have the right to monitor your Honor My Decisions activity for limited purposes.
You understand and agree that HMD and its affiliates have the right to monitor activity on Honor My Decisions to protect the privacy of our users.
We also have the right to monitor activity on Honor My Decisions as needed to enforce these Terms and protect HMD and our employees, officers, directors, shareholders, and Honor My Decisions users and visitors from any unlawful, misleading, or fraudulent activity.
We also have the right to monitor activity on Honor My Decisions to comply with legal obligations or governmental requests.
Unauthorized use of Honor My Decisions may subject you to criminal prosecution. We may use evidence of unauthorized use for administrative, criminal, or other disciplinary action. Your use of Honor My Decisions, authorized or unauthorized, constitutes consent to monitoring by HMD and its affiliates for the purposes listed above.
We may change, suspend or end Honor My Decisions, or change and modify our policies on how you use Honor My Decisions, 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 Honor My Decisions one day. We may need to change how you use Honor My Decisions, including charging you fees to use the service. We’ll notify you before we make significant changes to Honor My Decisions, and you agree that neither HMD nor any of our affiliates will be liable to you or to any third party for any modification, suspension or discontinuance of Honor My Decisions.
When you activate your Honor My Decisions account, you authorize us to share your signed advance directives or similar documents and any videos that you upload and store on Honor My Decisions with healthcare providers and others in accordance with HIPAA and similar laws and regulations that govern personal healthcare information.
As part of your enrollment in Honor My Decisions, you or your representative authorize the use and/or disclosure of certain Protected Health Information (“PHI”) (as that term is defined under United States law at 45 CFR 164.501) between HMD 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. Under HIPAA, hospitals and other medical treatment centers subject to HIPAA are called “Covered Entities” and third parties that work with Covered Entities like healthcare information exchange platforms and electronic health record providers are called “Business Associates.”
By registering with Honor My Decisions, either directly or with the help of a representative, and by using Honor My Decisions, you agree that HMD and the Covered Entities and Business Associates may disclose your PHI to each other as necessary for HMD 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 HMD 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 HMD, as well as to locate, retrieve, view and print, any documents, videos, and PHI stored on Honor My Decisions.
You understand that once the information above is released, it may be subject to re-disclosure by HMD 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 to support@honormydecisions.com.
HMD isn’t a healthcare provider or a Covered Entity, and no Covered Entities are parties to these Terms between you and HMD; 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 an Honor My Decisions account.
You agree that the authorization above will remain in effect for as long as you have your Honor My Decisions account. If you ever close your Honor My Decisions account, your authorization above will be automatically revoked. In that case, no further use or disclosure of your PHI will be permitted to HMD or any Covered Entity or Business Associate beyond that date.
Once your Honor My Decisions account is closed and your authorization is revoked, HMD 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 ensure your health care wishes are found and honored, we have relationships with healthcare providers. However, we don't control what healthcare providers do.
Honor My Decisions lets users share information with Third-Party Providers like medical treatment 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 Honor My Decisions. That is why HMD 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 Honor My Decisions in any particular situation.
HMD does not sell advertising or access to its platforms to advertisers. However, Honor My Decisions may 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 Honor My Decisions.
In fact, HMD isn’t responsible or liable for any transactions or disputes between you and any Third- Party Providers or Payers (health insurance providers). 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 Honor My Decisions 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 Honor My Decisions, and for paying all related charges. HMD doesn’t operate or control the Internet or your mobile connection, so HMD can’t guarantee that Honor My Decisions will be error or virus free, invulnerable to hackers or other unauthorized users, or always available. HMD 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 Honor My Decisions.
Our sole responsibility is to store and furnish your advance care plan created or uploaded and stored using Honor My Decisions, along with other information stored in Honor My Decisions 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, HMD may rely on the validity, truth, and accuracy of any videos that you upload and store using Honor My Decisions.
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 Honor My Decisions advance care plan, as well as on any document or video that you upload and store using Honor My Decisions.
We can remove content or information you provide to Honor My Decisions and disable or terminate your Honor My Decisions account if you violate these Terms.
HMD can remove any content, documents, or information that you create or store using Honor My Decisions 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 Honor My Decisions 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 Honor My Decisions will not affect HMD’s rights.
We are not a healthcare provider. Honor My Decisions is not a substitute for professional healthcare advice.
The health-related information available through Honor My Decisions 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 Honor My Decisions and the health-related information available through Honor My Decisions. You are also responsible for any decisions or actions resulting from your use of Honor My Decisions. 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.
We are not a law firm. Honor My Decisions is not a substitute for professional legal advice.
HMD provides information and software only. The information available through Honor My Decisions isn’t intended to serve as legal advice regarding any particular situation or the laws or regulations of any particular jurisdiction. HMD doesn’t claim or represent that an advance care plan created using Honor My Decisions 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.
You acknowledge that electronic signatures are neither expressly allowed nor prohibited under state law in your state or territory as a method to bind advance directives and choosing to sign an advance directive with only an electronic signature is done at your own risk. When it is time to sign your advance directive, you will be given the option of downloading and printing the form or signing it electronically. If you elect to sign it electronically you acknowledge the following: 1) You acknowledge and agree that you were given the opportunity to download, complete, and upload the advance directive form to be signed by you in the presence of a notary public, justice of the peace, or two or more subscribing witnesses who shall acknowledge your signature. 2) By signing electronically, you confirm and agree that the electronic signature is unique to the individual using it. You also confirm and agree that at the time of signature (electronic signature or handwritten signature) you were of sound mind and eighteen (18) or more years of age.
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 HMD.
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?
Honor My Decisions and any information that the Site contain are provided “as is” and “as available,” and we can’t guarantee that Honor My Decisions will be safe and secure or will work perfectly all the time. You are using Honor My Decisions 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 Honor My Decisions advance care plan or any document that you upload and store using Honor My Decisions.
Our responsibility for anything that happens on Honor My Decisions (also called a “liability”) is limited as much as the law will allow. If there is an issue with Honor My Decisions, 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 HMD 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 Honor My Decisions 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 HMD. 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 Honor My Decisions to subject us to your laws. We are based in Florida, United States of America. We believe that Florida courts should apply Florida law to any disputes between us.
Honor My Decisions is controlled and operated by HMD from the United States of America, and your use of Honor My Decisions isn’t intended to subject HMD 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 Florida, 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 Honor My Decisions will be brought and resolved exclusively in the U.S. Federal Courts in Sarasota County, Florida, 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 Honor My Decisions must be commenced within one (1) year after the cause of action or claim arises.
These Terms and our policies describe the entire agreement between you and HMD. 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 HMD relating to your access to and use of Honor My Decisions.
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 Honor My Decisions 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 Honor My Decisions. If you continue to use Honor My Decisions 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 About Me page, and clicking on the link at the bottom of the page that says “Click here to permanently close your Honor My Decisions account.”
Questions, complaints, claims, feedback, and suggestions.
You can always contact HMD with any questions, complaints, or claims regarding Honor My Decisions by emailing us at support@honormydecisions.com. 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.
We always appreciate feedback and suggestions about Honor My Decisions from users. You agree that we can use any feedback or suggestions and ideas in any way, including in future Honor My Decisions enhancements and/or promotions and advertising without any restrictions or obligation to compensate you, and we’re under no obligation to keep your feedback or suggestions confidential.
Latest update: May 4, 2022