Terms of Service

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Terms of Use

Acceptance Date January 14, 2015

Acceptance of Terms

PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY BEFORE USING THIS SERVICE. YOUR USE OF THIS SERVICE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING AGREEMENT AND ANY OTHER ADDITIONAL TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THIS AGREEMENT, PLEASE DO NOT USE THIS SERVICE.

Thank you for visiting http://www.sportsmd.com/ (this “Site”). Please read these Terms of Use (“Terms”) carefully before using this Site. By using and or visiting this Site, you signify your agree to both these Terms and the terms and conditions of the SportsMD Privacy Policy, which is published at http://www.sportsmd.com/privacy, and which is incorporated herein by reference. If you do not agree to these Terms, do not use this Site.

The Site is owned and operated by SportsMD Media, Inc., a Delaware corporation (the “Company”). The Company reserves the right to revise or remove any part of the Terms in its sole discretion at any time and without prior notice to you. If you disagree with the Terms, your sole remedy is to discontinue your use of this Site.

IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911. THE SERVICES ARE NOT FOR USE IN MEDICAL EMERGENCIES OR FOR CRITICAL HEALTH SITUATIONS REQUIRING PROMPT MEDICAL ATTENTION. The service is not intended to be real-time and may not be the best solution when a face-to-face consult is a must.

Using this Site

This site and the company services does not replace your relationship with physician or healthcare provider. The information interpreted (not limited to content of the site and information derived from online consultations) should not be relied upon as a substitute for sound professional medical advice, evaluation or care from your physician or other qualified healthcare provider. This information should be put to be use only after consulting your physician or other healthcare provider.  The purpose of the service provided through the Site is to give physicians and their patient’s access to additional information, which they may or may not choose to utilize in planning medical care. Information is provided to inform you on various medical conditions, medical diagnosis and treatment and it does not constitute a direct medical diagnosis, treatment or prescription. Everything on this Site should be used for information purposes only, The Company and Site DOES NOT PROVIDE MEDICAL DIAGNOSIS, TREATMENT, and OR PRESCRIPTION OF ANY KIND.  No physician-patient relationship is created by use of this Site.

The service provided through this Site differs from the diagnostic services typically provided by a physician. The medical professionals providing services through this Site will not have the benefit of information that would be obtained by examining you in person and observing your physical condition. Therefore, the medical professional providing services through this Site may not be aware of facts or information that would affect his or her opinion of your diagnosis. To reduce the risk to you of this limitation, the Company strongly encourages you to discuss the second opinion with your physician. By deciding to engage the services of this Site, you acknowledge and agree that you are aware of this limitation and agree to assume the risk of this limitation. Furthermore, you agree and accept that: (i) the diagnosis you will receive is limited and provisional; (ii) the second opinion is not intended to replace a full medical evaluation or an in-person visit with a physician; (iii) the medical professionals providing services through this Site do not have important information that is usually obtained through a physical examination; and (iv) the absence of a physical examination may affect the medical professional’s ability to diagnose your condition or injury.


Whenever you want personal medical advice, treatment, or diagnosis, you should contact your physician or professional healthcare provider and see them in person.

All users must be eighteen years or older. In the case of minor Consumers (under eighteen (18) years), a parent or guardian must accept this Agreement and guide all consultations under the services offered.  Your right to use the Services is not transferable.

The User takes full responsibility for ensuring that the information submitted is accurate. The Company shall make no effort to validate any information provided by the Consumer for use in Services with respect to content, correctness or usability. We with an intention to provide the best service possible could ask you to share more information as and when needed.

Use of this Service requires basic familiarity with the Internet, related payment services and general security practices. The Consumer is expected to possess the necessary internet-usage skills and knowledge to avail the Company Services.

You also agree that the second opinion will not be used in any legal dispute including but not limited to litigation, arbitration, claim for disability benefits, claim for worker’s compensation and/or malpractice claims without the prior written consent of the Company. By requesting any service through the Site, you authorize us to collect your medical records on your behalf from any and all facilities that may have such records, store those records, and transmit them to the physician or physicians appropriate for your case.

Independence of Medical Experts

The opinions, statements, answers (collectively “consultation”) provided by the Medical Experts via The Company are solely the individual and independent opinions and statements of such individuals and do not reflect the opinions of The Company, its affiliates or any other organizations or institutions to which such Medical Expert or such specialist or professional is affiliated or provides services. The Company does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on this Site or by a licensee of The Company.

The inclusion of professionals and specialists on or in any professional directory on this site does not imply recommendation or endorsement of such professional nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any professional contained therein. Such information is provided on an “as-is” basis and the Company disclaims all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose.

Membership Term

You represent and warrant that you are at least eighteen years of age and that you possess the legal right and the ability to enter into agreements pertaining to Terms of Use, to register on this Site Services under your own name and to use the this Site Services in accordance with the Terms of Use and abide by the obligations hereunder.

You are solely responsible for maintaining the confidentiality of your password and for all activities carried out under your account with the Company. You agree to prohibit anyone else from using your password and immediately notify the Company of any unauthorized use of your password or other security concerns.

No party has the power or authority as agent, employee or in any other capacity to represent, act for, bind or otherwise create or assume any obligation on behalf of the other party for any purpose whatsoever.

International members acknowledge and agree that the Company may collect and use your Information and disclose it to other entities outside your resident jurisdiction. In addition, such Information may be stored on servers located outside your resident jurisdiction. By providing us with your Information, you acknowledge that you consent to the transfer of such Information outside your resident jurisdiction as detailed in our Privacy Policy. If you do not consent to such transfer, you may not use our Content or Services.  Your affirmative act of using this Site and/or registering for the Site or the Services constitutes your electronic signature to these Terms of Use and your consent to enter into agreements with us electronically.

Scope of Services

The Company and third-party professionals who offer services through the Site accept no responsibility for any medical, legal or financial events or outcomes related to services achieved through the use of the Site.  The Company does not guarantee that a web-based consultation, over-phone consultation or video consultation is the appropriate course of treatment for your particular health problem. You agree to contact your primary care physician immediately should your condition change or your symptoms worsen. If you require urgent care, you agree to contact your local emergency services immediately. The Services are offered on an “as is” and “as available” basis and used by the Consumer solely at his or her own risk.

The Company makes no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free. This includes loss of data or any service interruption caused by the Company employees. The Company is not responsible for transmission errors, corruption of data.

The Site is for personal use. The Site is a service for individuals to use to support their personal health decisions. You may use the Site for personal, but not for commercial, purposes. Organizations, companies, and businesses may not become registered members on the site or use the site through individual members.

The Company may not be used for illegal purposes. The Content and Services may not be used for any illegal purpose. You may not access our networks, computers, or the Content and Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person’s use and enjoyment. You may not attempt to gain unauthorized access to any Content or Services, other accounts, computer systems, or networks connected with the Site, the Content, or Services. You may not use any automated means (such as a scraper) to access the Site, the Content, or Services for any purpose. Such unauthorized access includes, but is not limited to, using another person’s login credentials to access his or her account. Any attempt by any individual or entity to solicit login information of any other user or Medical Expert or to access any such account is an express and direct violation of these Terms of Use and of applicable law, including relevant privacy and security laws and laws prohibiting unfair or unethical business practices.

Links to Third Party Websites

This Website may contain hyperlinks to other sites owned and operated by parties other than the Site. Such hyperlinks are provided only for ready reference and ease of use. We do not control such websites and cannot be held responsible for their content or accuracy and do not endorse these sites unless we specifically so state. In the event this Website provides hyperlinks to other websites that are not owned, operated or maintained by the Site, you acknowledge and agree that the Company is not responsible for and is not liable for the content, products, services or other materials on or available from such websites. We accept no liability for any information, products, advertisements, content, services or software accessible through these third party websites or for any action you may take as a result of linking to any such website. Any such websites are likely to set forth specific terms of use and privacy policies that you should review. The Company is under no obligation to maintain any link on this Website and may remove a link at any time in its sole discretion for any reason whatsoever. The Company shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such website. The Company is not responsible for the privacy practices of any other websites.

Advertising and Amazon Affiliate Disclaimer

We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites.”  In addition,  we can connect merchants and manufacturers with our readers via a mix of display units, sponsorships, content partnerships, deals, email, and more. Please email us at contactus@sportsmd.com for details.

Third Party Interactions

Our interactions with entities or individuals found on or through this Site or the services provided through the Site, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such entities or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using this Site and disclosing personal information.

You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between you and any third party, you understand and agree that the Company is under no obligation to become involved.

Copyright

Except as otherwise expressly stated, all Content appearing on this Website is the copyrighted work of the Company or its third party content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content is also the exclusive property of the Company and is protected by U.S. and international copyright laws.

You may download information from this Website and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from this Website, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of the Company or any applicable third party suppliers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by the Company. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. The Company does not warrant or represent that your use of Content or any other materials displayed on this Website will not infringe rights of third parties. Your use of any of the Content beyond the scope of personal use may require a license from the owner of the rights to the data with respect to the use of portrait right, trademark, copyright, design right, right of utilization or any other rights of the persons, products or landscape portrayed in the provided Content. The Company is not responsible for any claims of ownership rights to any images or data against you. You will indemnify, defend and hold harmless the Company from and against any losses or claims, by an owner of data or image rights or any third party resulting from any violation of these Terms of Use.

If you believe that any Content on this Website violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please notify us immediately at contactus@sportsmd.com with all specifics necessary for us to consider and respond to your complaint. You may be asked to provide additional information and follow additional procedures for us to act on your complaint.

Payment and Refund

All fees have to be paid upfront before availing a particular service to the Company.  At this stage of operations once a request for service is submitted, No calls for refunds owing to cancellation of request will be considered. The Company does not accept payment in the form of cash, check, money order or insurance reimbursement. Major credit cards (MasterCard, Visa, American Express and Discover) are the only accepted means of payment. When you pay by credit card, you authorize the Company to bill and charge the credit card indicated in your order for any fees and any other amounts provided for in your order as the same become due and payable. In the event that your credit card expires or the Company is otherwise unable to debit the applicable amounts from your credit card, the Company shall provide notice to you, whereupon you shall immediately furnish the Company with a valid credit card account number. Your request for services from this Site will not be fulfilled until full payment has been received and verified.

Indemnity

You agree to indemnify, defend and hold the Company and its directors, officers, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of these Terms, or (ii) your activities in connection with this Site.

Disclaimers

You acknowledge that your use of the Company Services is solely at your own risk, and that you assume full responsibility for all risks associated therewith. To the extent that any of the Content included on the Site is provided by third party content providers or other users, we have no editorial control or responsibility of such content appearing on the Site. All information, products or services contained on or provided through this website are provided “as is”, without any warranty of any kind, express or implied, to the fullest extent permissible under applicable law. The Company and its Affiliates hereby disclaim all representations and warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, appropriateness, title, non-infringement and freedom from virus strains.

Without limiting the foregoing, the Company and its affiliates make no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Company products and services provided hereunder. The Company makes no representations or warranties about the satisfaction of government regulations.

The Company will take all necessary precautions to protect itself against failure of our hardware and our software. The Consumer acknowledges and agrees that temporary interruptions in service may occur, and that the Company shall have no liability for any claim, cost, charge, loss or expense arising from or relating to use of the Services. The Company makes no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free. The Consumer acknowledges and agrees that in the event of failure, restoration of service may take several days.

Third Party Protection

The indemnification and disclaimers provisions set forth above are for the benefit of the Company and its affiliates. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you, the Consumer on its own behalf.

Jurisdiction

This Agreement constitutes the entire understanding of the parties, and is agreed to being entered into within the jurisdiction of New York and United Sates of America and shall be governed by and shall be construed in accordance with the laws of New York and the United Sates of America, without giving effect to any choice of law rules or principles.

Any dispute with the Company shall exclusively be subject to the jurisdiction of the appropriate Courts situated in New York and the United Sates of America. No party shall object to removal or prosecution of any litigation to a state court within New York.

I, the User or Patient or Consumer:

a)    Understand the risks and benefits of the online consultation

b)    Acknowledge and agree to assume the risk of the above mentioned limitations pursuant to the use of the Site. I further understand and agree that no warranty or guarantee has been made to me concerning any consultation on particular diagnosis, result, treatment or cure of my condition.

c)    I understand that the laws that protect privacy and the confidentiality of medical information also apply to the Company, and that my information will be only used as defined by the Companies Terms of Use and Privacy Statement.

d)    I understand that the consultation through the Company may involve electronic communication of my personal medical information to other medical practitioners who may be located in other areas, including out of state.

e)    I further understand that I am informed of presence of Third Party i.e. the consulting Physicians in the consultation and thus have the right to request the following:
1. Omit specific details of my medical history/physical examination that are personally sensitive to me; and/or
2. Terminate the consultation at any time.

If you do not agree to terms of our Privacy Policy we kindly request you to not use this site.

Contacting Us If you have any questions or concerns about these Terms of Use, please contact us at contactus@sportsmd.com or at the mailing address provided below. We will attempt to respond to your questions or concerns promptly after we receive them.
SportsMD Media Inc.

74 Freeborn Road

Easton, CT 06612

These Terms of Use were last updated and posted on January 17, 2015.

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