PLEASE READ CAREFULLY. These Terms contain a binding arbitration provision and class action waiver (Section 11) and important disclaimers and limitations on our liability (Sections 9 and 10).
These Terms are an agreement between you and 1265 Enterprises LLC ("we," "us") covering the Eme's List app and website (the "App").
By tapping "I Agree" or creating an account, you agree to these Terms and to our Privacy Policy, which is part of them. If you don't agree, don't use the App.
You must confirm you are 18 or older to create an account.
Provide accurate information and keep it current. You're responsible for your credentials and for activity under your account. Tell us at support@emeslist.com if you suspect unauthorized use. One account per person; don't share or transfer it.
Eme's List helps you look up products and medications and see how they compare against ingredient and avoidance categories you select. It is not intended to diagnose, treat, cure, mitigate, or prevent any disease or condition, and it is not a medical device.
Your licence is for your own use. You may not reproduce, print, screenshot, export, distribute, or republish App content, or incorporate it into patient materials, clinical documentation, protocols, or any commercial product.
Eme's List has no professional account type and we make no representation to anyone that any user is licensed. If you use the App in a professional capacity, you are fully responsible for independently verifying all product information, ingredients, dosages, interactions, and contraindications before making any recommendation, administering treatment, or writing a prescription. Exercise your own independent professional judgment. Do not rely primarily on the App for any decision about an individual patient.
THE CONTENT AND TOOLS IN THE APP ARE FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE APP DOES NOT PROVIDE MEDICAL, CLINICAL, PHARMACEUTICAL, NUTRITIONAL, OR ANY OTHER HEALTHCARE ADVICE, DIAGNOSIS, OR TREATMENT.
A CLEAR result is a comparison of published product label information against categories you selected. It is not a determination that a product is safe for you.
BEFORE ACTING ON ANY RESULT, YOU MUST (1) READ THE CURRENT PRODUCT LABEL AND CONFIRM ITS INGREDIENTS YOURSELF, AND (2) CONSULT YOUR PHYSICIAN OR PHARMACIST.
Do not start, stop, substitute, or change any medication based on Eme's List. Only your physician or pharmacist can tell you whether a product is appropriate for you, and only the current label tells you what is actually in it.
You acknowledge that you will not rely on the App as your sole basis for any medication, product, or health decision.
ALL HEALTHCARE AND PRODUCT DECISIONS, INCLUDING ANY CHANGE TO MEDICATION, DOSAGE, TREATMENT, DIET, OR HEALTH ROUTINE, MUST BE DISCUSSED WITH YOUR PHYSICIAN, PHARMACIST, OR OTHER QUALIFIED HEALTHCARE PROVIDER.
ALWAYS SEEK THEIR ADVICE WITH ANY QUESTION ABOUT A MEDICAL CONDITION. NEVER DISREGARD OR DELAY PROFESSIONAL MEDICAL ADVICE BECAUSE OF SOMETHING IN THIS APP.
IF YOU MAY HAVE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY. IF YOU ARE HAVING THOUGHTS OF SUICIDE OR SELF-HARM, CALL OR TEXT 988, OR GO TO YOUR NEAREST EMERGENCY ROOM.
The App does not monitor what you enter for emergencies and cannot summon help.
Our rights. The App and all its content, software, compilations, and the "Eme's List" and "CLEAR" names and marks belong to us or our licensors. We grant you a limited, revocable, non-exclusive, non-transferable licence to use one copy on a device you own for your personal, non-commercial use. All other rights are reserved.
Your information. You keep ownership of what you enter. You grant us a non-exclusive, royalty-free licence to process it solely to provide the App to you, as described in our Privacy Policy. You confirm you have the right to submit it and will not enter health information about anyone else without legal authority. You are solely responsible for what you enter and its accuracy.
Don't use the App unlawfully; provide medical care or communicate a diagnosis through it; misrepresent your identity or professional status; reverse engineer, decompile, or derive source code; copy, sell, lease, or make derivative works; scrape or use automated access; circumvent security, rate limits, or device-integrity checks; introduce malware; interfere with the service; harass or harm anyone; use the App or its content to train any machine learning model; or remove proprietary notices.
Your saved profile, My Meds list, and recent searches are stored on your device, as described in our Privacy Policy.
WE CANNOT RECOVER YOUR SAVED DATA. WE HOLD NO COPY OF IT. IF YOU LOSE, RESET, OR REPLACE YOUR DEVICE, DELETE THE APP, OR YOUR DEVICE STORAGE FAILS, IT IS PERMANENTLY LOST AND WE CANNOT HELP YOU RECOVER IT.
To the maximum extent permitted by law, we are not liable for any loss of, or inability to access, data on your device, whatever the cause. If you use more than one device, delete your saved profile on each.
Termination. Delete your account at Settings → Account → Delete Account or https://emeslist.com/delete-account. We may suspend or terminate access if you violate these Terms, if your use creates risk or legal exposure, or if we discontinue the App. On termination your licence ends. Sections 4, 5, 6, 8, 9, 10, 11, and 13 survive.
THE APP AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE APP OR ANY PRODUCT, INGREDIENT, LABEL, OR COMPARISON INFORMATION IS ACCURATE, COMPLETE, CURRENT, RELIABLE, ERROR-FREE, OR EXHAUSTIVE; THAT ANY PRODUCT IS SAFE, SUITABLE, EFFECTIVE, AVAILABLE, OR APPROPRIATE FOR YOU; THAT ANY TWO PRODUCTS ARE THERAPEUTICALLY EQUIVALENT OR INTERCHANGEABLE; OR THAT THE APP WILL BE UNINTERRUPTED OR SECURE.
THE ABSENCE OF A FLAG, INGREDIENT, WARNING, OR INTERACTION IN THE APP MEANS ONLY THAT IT WAS NOT LISTED IN THE PUBLISHED LABELING DATA WE PROCESSED. IT DOES NOT MEAN THE SUBSTANCE IS ABSENT FROM THE PRODUCT. YOU USE THE APP AT YOUR OWN RISK.
Some jurisdictions don't allow certain warranty exclusions, so parts of this may not apply to you.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR MEMBERS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM YOUR USE OF OR INABILITY TO USE THE APP OR RELIANCE ON ANYTHING IN IT, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY, AND WHETHER OR NOT WE WERE ADVISED SUCH DAMAGES WERE POSSIBLE.
OUR TOTAL LIABILITY WILL NOT EXCEED THE GREATER OF (A) WHAT YOU PAID US IN THE PRECEDING 12 MONTHS OR (B) ONE HUNDRED U.S. DOLLARS ($100).
NOTHING HERE EXCLUDES OR LIMITS OUR LIABILITY FOR: DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; FRAUD; GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; OR ANY LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW. Some jurisdictions don't allow these limits, so parts may not apply to you.
You agree to indemnify us against claims and reasonable costs arising from your use or misuse of the App, your violation of these Terms or any law or third-party right, or any decision you make about a medication, product, or your health.
This affects your legal rights, including your right to go to court and to a jury trial.
These Terms are governed by the laws of the State of Colorado, without regard to its conflict-of-laws rules. For any dispute not subject to arbitration, exclusive venue is the state and federal courts in Denver County, Colorado. Nothing here waives consumer-protection rights your home state does not allow you to waive.
Before starting arbitration, email support@emeslist.com describing the dispute and what you want. We'll try to resolve it informally for 60 days. This step is required.
Except as stated in 11.5, any dispute relating to these Terms or the App will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, not in court. The Federal Arbitration Act governs. Arbitration may be conducted by phone, video, or written submission unless the arbitrator requires otherwise.
YOU AND WE MAY BRING CLAIMS ONLY INDIVIDUALLY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS. YOU AND WE WAIVE ANY RIGHT TO A JURY TRIAL.
Either of us may bring an individual claim in small claims court, or ask a court for an injunction to stop intellectual property misuse.
Email support@emeslist.com with the subject "Arbitration Opt-Out," including your name and account email, within 30 days of first accepting these Terms. Nothing else changes if you do, and we won't retaliate.
If 25 or more similar demands are filed by or with the same counsel, they will be arbitrated in batches of no more than 50, one arbitrator per batch. If 11.4 is held unenforceable as to a claim, that claim proceeds in court and the rest of this Section still applies. Claims must be brought within one year of arising unless the law requires longer.
The App is currently free. We may introduce paid features in future on notice, and you may decline by discontinuing use.
If you downloaded the App from the Apple App Store: these Terms are between you and us, not Apple, and Apple is a third-party beneficiary entitled to enforce them. We, not Apple, are solely responsible for the App and its content. Apple has no obligation to provide maintenance or support. If the App fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any); to the maximum extent permitted by law Apple has no other warranty obligation. We, not Apple, are responsible for any claim relating to the App, including product liability, legal-compliance, and intellectual property infringement claims. You represent that you are not located in a country subject to a U.S. embargo or on any U.S. restricted-party list, and that your use complies with the Apple Media Services Terms.
If you downloaded it from Google Play, the Google Play Terms of Service also apply.
Changes. We may update these Terms and will post the new version with an updated date. For material changes we'll give at least 30 days' notice and ask you to accept them before continuing. Changes won't apply retroactively to an existing dispute.
Accessibility. We work toward WCAG 2.1 Level AA conformance. If you hit a barrier, contact support@emeslist.com.
Everything else. These Terms and the Privacy Policy are the entire agreement between us on this subject. If a provision is unenforceable it will be narrowed to the minimum extent necessary and the rest stays in force. Our failure to enforce a provision isn't a waiver. You may not assign these Terms; we may, in a merger or sale of assets, on notice. Neither of us is liable for delays beyond our reasonable control. We may give notice in the App or by email to your account address; reach us at support@emeslist.com. You consent to receive communications from us electronically, and agree they satisfy any legal requirement of writing. Nothing here creates a partnership, joint venture, agency, or employment relationship. You may not use or export the App except as U.S. law allows.
1265 Enterprises LLC · 1500 N Grant St, Ste N, Denver, CO 80203 · support@emeslist.com