PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST BOOKMD ON AN INDIVIDUAL BASIS, NOT AS A CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
- IMPORTANT DISCLAIMERS.
- THE WEBSITE AND SERVICES ARE USED, AMONG OTHER THINGS, TO ASSIST INDIVIDUALS IN SCHEDULING APPOINTMENTS WITH PHYSICIANS AND OTHER HEALTH CARE PROVIDERS WITHIN THEIR INSURANCE NETWORK.
- THE STATEMENTS MADE WITHIN THE WEBSITE AND THROUGH THE SERVICES HAVE NOT BEEN EVALUATED BY THE U.S. FOOD AND DRUG ADMINISTRATION OR SIMILAR AGENCIES OF OTHER COUNTRIES. THE WEBSITE AND SERVICES ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE, AND BOOKMD DOES NOT OFFER MEDICAL ADVICE. ANY INFORMATION ACCESSED THROUGH THE WEBSITE OR SERVICES IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY, IS NOT INTENDED TO BE A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, AND IS NOT INTENDED TO COVER ALL POSSIBLE USES, DIRECTIONS, PRECAUTIONS, OR ADVERSE EFFECTS OF ANY PRODUCTS REFERRED TO OR DISCUSSED THEREIN. SUCH INFORMATION INCLUDES, WITHOUT LIMITATION, THIRD-PARTY MATERIALS, USER CONTENT, AND BOOKMD-GENERATED CONTENT DERIVED FROM USER CONTENT. THE INFORMATION ON THE WEBSITE AND SERVICES SHOULD NOT BE USED FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION. ALWAYS CONSULT YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER IF YOU HAVE ANY QUESTIONS ABOUT A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE WEBSITE OR THE SERVICES.
- IF YOU BELIEVE YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD CONTACT 911 OR YOUR DOCTOR IMMEDIATELY.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES AS TO ANY THIRD-PARTY PRODUCTS OR SERVICES DISCUSSED, REFERENCED, OR SOLD ON OR THROUGH THE WEBSITE OR SERVICES. ANY REPRESENTATIONS OR WARRANTIES, IF ANY, REGARDING SUCH THIRD-PARTY PRODUCTS OR SERVICES ARE OFFERED BY THE THIRD-PARTY MANUFACTURER OR SOURCE OF SUCH PRODUCTS AND SERVICES.
- THE FOREGOING DISCLAIMERS SHALL NOT LIMIT THE MORE GENERAL DISCLAIMERS IN THIS AGREEMENT BELOW.
Account Creation. In order to use certain features of the Services, you must register for a BookMD account (“BookMD Account”) and provide certain information about yourself as prompted by the registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information at all times. You may not create more than one BookMD Account. BookMD may suspend or terminate your BookMD Account as provided in this Agreement below.
- Account Deletion. You may delete your BookMD Account at any time, for any reason, through the Website.
- Account Responsibilities. When you create a BookMD Account, you will establish or be provided with a user name and password. You are responsible for maintaining the confidentiality of your BookMD Account login information and are fully responsible for all activities that occur under your BookMD Account. You agree immediately to notify BookMD of any unauthorized use, or suspected unauthorized use, of your BookMD Account or any other breach of security. Your access to the Website and Services, and your account, is solely for your own personal use. You shall not authorize or enable others to use your account. Except with the express authorization of another user to access and use the Website and Services on such user’s behalf (e.g., as a caregiver or other agent of such user), you shall not use the user name or password of any other user at any time, or attempt to impersonate another user, or any person who is not a user.
- Personal, Non-Commercial Limited License. Subject to the terms of this Agreement, BookMD grants you a limited, revocable, non-transferable, non-exclusive license to use the Website for your personal, noncommercial use.
- Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website or Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Website or Services; (c) you shall not access the Website or Services in order to build a similar or competitive product or service; (d) except as expressly stated herein or otherwise permitted by BookMD in advance in writing, no part of the Website or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means (including by, e.g., scraping, mirroring, framing, embedding, or linking); and (e) your use of the Website and Services shall at all times comply with all applicable laws and regulations. Commercial use of any content made available through the Website or the Services is strictly prohibited without the specific prior written consent of BookMD. Any future release, update, or other addition to functionality of the Website or Services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on the Website or any Services content must be retained on all copies thereof.
- Modification. BookMD reserves the right, at any time, to modify, suspend, or discontinue the Website and/or Services, or any part thereof, with or without notice. You agree that BookMD will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website or Services, or any part thereof.
- Text Messaging. You agree that BookMD, its affiliated companies, and necessary third-party service providers and those acting on its behalf may send you operational and informational text (SMS) messages about your use of the Website and Services at the mobile phone number you provide us. BookMD may also send marketing or other promotional messages to the extent that you have provided the appropriate opt-in consent. Messages from BookMD may include, but are not limited to: operational communications concerning your user account or use of the Website or Services, updates concerning new and existing features on the Website or Services, communications concerning promotions run by us or our third-party partners, and news concerning BookMD and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. Your agreement to receive promotional texts is not a condition of any purchase or service offered by BookMD. If you change or deactivate the phone number you provide to BookMD, you must update your account information to help prevent us from inadvertently communicating with anyone who acquires your old number. You agree that texts, calls, or prerecorded messages may be generated by automatic telephone dialing systems.
- Opt-Out. You may opt out of receiving text messages from BookMD at any time by replying STOP to any text message from BookMD. If you opt-out of receiving all text messages from BookMD, you will not be able to use certain Services without agreeing to receive operational text messages. You may continue to receive text messages for a short period while BookMD processes your request, and you may also receive text messages confirming the receipt of your opt-out request.
- Email. You agree that we may send you emails concerning our products and services, as well as those of third parties. You may opt-out of promotional emails by following the unsubscribe instructions in a promotional email.
- USER CONTENT.
- User Content. “User Content” means any and all information and content that a user inputs into the Website or submits to the Services, including without limitation, content in the user’s profile. You acknowledge and agree that BookMD is not responsible for any User Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. BookMD does not assume and will not have any liability or responsibility to you or any other person or user for your use or misuse of any User Content.
- User Content Restrictions. You agree not to use the Website or Services to collect, upload, transmit, display, or distribute any User Content that (a) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature, as determined by BookMD in its sole discretion; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third-party (including, e.g., any obligation of non-disclosure or confidentiality).
- User Content Responsibilities. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). BookMD is not obligated to backup any User Content and You are solely responsible for creating backup copies of your User Content, if you desire.
- Right to Remove Content. You agree that BookMD has the right to remove any content, including User Content, from the Website or Services at any time, with or without cause. BookMD also has the right to refuse, move, or block access to any material submitted on or through the Website or Services, and to establish general practices and limits concerning use of the Website and Services. The decision of whether or not to remove content from the Website or Services is within BookMD’s sole and complete discretion. BookMD has no obligations, contractual or otherwise, to take or refrain from taking any action. Under no circumstances will BookMD be liable for removing or failing to remove any content.
- License. You hereby grant, and you represent and warrant that you have the right to grant, to BookMD an irrevocable, perpetual, non-exclusive, royalty-free and fully-paid, worldwide license to use, reproduce, distribute, publicly display and perform, modify, adapt, prepare derivative works of, incorporate into other works, and otherwise exploit your User Content, and to grant sublicenses of the foregoing, for the purposes of providing the Website and Services to you, for any specific purpose identified in connection with our solicitation or collection of your User Content, and as otherwise permitted by our privacy policies. For the avoidance of doubt, except where limited by applicable law, this license continues even after you stop using the Website or Services, including without limitation with respect to aggregate and de-identified data derived from your User Content and any residual backup copies of your User Content made in the ordinary course of our business. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
- Feedback. If you provide BookMD any feedback or suggestions regarding the Website or Services (“Feedback”), you hereby assign to BookMD all rights in the Feedback and agree that BookMD shall have the right to use such Feedback and related information in any manner it deems appropriate. BookMD will treat any Feedback you provide to BookMD as non-confidential and non-proprietary. You agree that you will not submit to BookMD any information or ideas that you consider to be confidential or proprietary.
- Other Users. Each user of the Services is solely responsible for any and all of such user’s User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content and we assume no responsibility for any User Content. Your interactions with other users are solely between you and such users. You agree that BookMD will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any other user, we are under no obligation to become involved.
- ACCEPTABLE USE POLICY. The following sets forth BookMD’s “Acceptable Use Policy”:
- Technological Restrictions. You agree not to use the Website or Services to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with, disrupt, or create an undue burden on servers or networks connected to the Website or Services or violate the regulations, policies or procedures of such networks; (e) attempt to or impersonate another user or BookMD or gain unauthorized access to the Website or Services, other computer systems or networks connected to or used together with the Website or Services, through password mining or other means; (f) harass or interfere with another user’s use and enjoyment of the Website or Services; or (g) introduce software or automated agents or scripts to the Website or Services so as to produce multiple accounts, generate automated searches, requests or queries, or to strip, scrape, or mine data from the Website or Services.
- Monitoring, Suspension, and Termination. We reserve the right to review any User Content, investigate, and/or take appropriate action against you in our sole discretion (including removing or modifying your User Content and/or terminating your BookMD Account in accordance with this Agreement, as provided below) if we in our sole discretion suspect that you have violated the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person.
You agree to indemnify and hold BookMD and its affiliates, and its and their directors, officers, members, principals, owners, employees, agents, representatives, contractors, successors, and assigns, harmless from any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs and/or expenses (including reasonable attorneys’ fees) arising from or relating to any claim or demand made by any third party due to or arising out of (i) your use or misuse of the Website or Services, (ii) your User Content, (iii) your violation of this Agreement; or (iv) your violation of applicable laws or regulations. BookMD reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of BookMD. BookMD will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
YOU EXPRESSLY AGREE THAT ACCESS TO AND USE OF THE WEBSITE AND SERVICES ARE AT YOUR SOLE RISK. THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. EXCEPT FOR THOSE WARRANTIES MADE AND EXPRESSLY IDENTIFIED AS WARRANTIES BY BOOKMD, BOOKMD DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING (A) THE WEBSITE OR SERVICES; (B) ANY PRODUCTS AND SERVICES OFFERED THROUGH THE WEBSITE OR SERVICES; AND (C) THE ACTS OR OMISSIONS OF USERS THROUGH THE WEBSITE OR SERVICES, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. BOOKMD MAKES NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS, OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE WEBSITE OR SERVICES ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. BOOKMD ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO AND USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE WILL BE SECURE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
- LIMITATION ON LIABILITY AND RELEASE.
To the maximum extent permitted by APPlicable law and notwithstanding any other provision of this Agreement, in no event shall BOOKMD or any of its affiliates or suppliers (including any of its or their partners, officers, DIRECTORS, MEMBERS, MANAGERS, OWNERS, PRINCIPALS, employees, agents, contractors, successors, or assignees) be liable to you (including any of your partners, officers, DIRECTORS, MEMBERS, MANAGERS, OWNERS, PRINCIPALS, employees, agents, contractors, successors, or assignees) for any indirect, special, incidental, exemplary, punitive, or consequential damages, whether arising in contract, equity, tort, or otherwise (including breach of warranty, negligence, and strict liability in tort), NOR FOR ANY damages arising from delay, loss of goodwill, loss of or damage to data, interruption in use or availability of data, loss of use of money or use of products, lost profits, revenue or savings (actual or anticipated), or other economic loss ensuing from or in connectiON with (a) the WEBSITE OR SERVICE (b) any products and services offered through the WEBSITE OR SERVICES; OR (C) ANY ACTS OR OMISSIONS OF USERS THROUGH THE WEBSITE OR SERVICES, even if BOOKMD or any of its affiliates or suppliers has been advised of the possibility of such damages. These limitations shall apply notwithstanding the failure of the essential purpose of any limited remedy.
YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BOOKMD AND its affiliates AND suppliers (including any of its or their partners, officers, DIRECTORS, MEMBERS, MANAGERS, OWNERS, PRINCIPALS, employees, agents, contractors, successors, AND assignees) TO YOU EXCEED THE GREATER OF (A) THE AMOUNT OF FEES PAID OR PAYABLE TO BOOKMD BY YOU UNDER THIS AGREEMENT, AND (B) one hundred U.S. dollars ($100). THIS LIMITATION ON THE AMOUNT OF LIABILITY SHALL APPLY WHETHER A CLAIM OR LIABILITY ARISES in contract, equity, tort, or otherwise (including breach of warranty, negligence, and strict liability in tort), AND EVEN IF BOOKMD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR LIABILITY. THIS LIMITATION SHALL SPECIFICALLY SURVIVE A FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDIES THAT MAY BE PROVIDED IN THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
- TERM AND TERMINATION.
Subject to this Section, this Agreement will remain in full force and effect while you use the Website or Services. We may (a) suspend your rights to use the Website or Services (including your BookMD Account) or (b) terminate this Agreement, at any time and for any reason whatsoever, at our sole and complete discretion. Upon termination of this Agreement, your BookMD Account and right to access and use the Website and Services will terminate immediately. You understand that any termination of your BookMD Account involves deletion of your User Content associated therewith from our Services and databases. BookMD will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your BookMD Account or deletion of your User Content. Sections 1, 2, 4.4, 4.5, 5.4, 6, 8, 9, 10, 11, 13, 14, and 15 of this Agreement will survive termination.
- COPYRIGHT POLICY.
BookMD respects the intellectual property of others and asks that users of our Website and Services do the same. In connection with our Website and Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials. If you believe that any portion or content of our Website or Services unlawfully infringes the copyright(s) in a work and you wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
- Your physical or electronic signature;
- Description of the copyrighted work(s) that you claim has been infringed;
- Description of the material on our services that you claim is infringing and that you request us to remove;
- Sufficient information to permit us to locate such material;
- Your address, telephone number, and e-mail address;
- A statement that you have a good-faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
The Designated Copyright Agent for BookMD is:
Adam Kotok, Esq
5701 Mosholu Avenue, 2nd Fl
Riverdale, New York 10471
(t) 347.765.2460 x. 101
- CHOICE OF LAW, ARBITRATION AGREEMENT, JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION.
- Choice of Law. This Agreement is governed by the laws of the State of New York, without regard to conflict of law provisions.
- Pre-Arbitration Dispute Resolution. We are always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at Support@BookMD.com
If such efforts prove unsuccessful, a party may seek to submit the dispute to arbitration by sending to the other party, by certified mail, a written Notice of Dispute. The Notice of Dispute to us should be sent to our address identified in this Agreement below (“Notice Address”).
- Arbitration Agreement. Except for disputes brought in small claims court, all disputes between you and BookMD arising out of, relating to, or in connection with the Website or Services shall be exclusively settled through binding arbitration pursuant to the then-current rules of the American Arbitration Association (“AAA”) for consumer arbitration. There is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than rules applicable in court and review by a court is limited. YOU AND BOOKMD AGREE THAT ANY SUCH ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Notwithstanding any provision in this Agreement to the contrary, if the class-action waiver in the prior sentence is deemed invalid or unenforceable, however, neither you nor we are entitled to arbitration. This arbitration agreement is subject to the Federal Arbitration Act. The arbitrator’s award may be entered in any court of competent jurisdiction. Notwithstanding any provision in this Agreement to the contrary, we agree that if BookMD makes any future change to this dispute resolution provision, it will not apply to any individual claim(s) that you had already provided notice of to BookMD. Information on AAA and how to start arbitration can be found at www.adr.org.
- Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
- Future Changes to Arbitration Agreement. Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Website or Service, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Notice Address. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).
- Forum Selection. If the arbitration procedure in this Section is found unenforceable or not to apply for a given dispute, then the parties agree that the proceeding must be brought exclusively in a court of competent subject matter jurisdiction with geographic jurisdiction over Philadelphia, Pennsylvania.
- CONSENT TO RECEIVE NOTICES ELECTRONICALLY.
- Availability. BookMD will make reasonable efforts to keep the Website and Services operational. However, certain technical difficulties, routine maintenance/upgrades and other events outside the control of BookMD may, from time to time, result in temporary interruptions to the Website and Services. In addition, BookMD reserves the right at any time and from time to time to modify or discontinue (on a temporary or permanent basis) certain functions of the Website and/or Services or the entirety of the Website and/or Services, with or without notice.
- No Support or Maintenance. You acknowledge and agree that BookMD will have no obligation to provide you with any support or maintenance in connection with the Website or Services.
- Links to Affiliate Websites. The Website and Services may contain links to websites controlled or offered by our parent, subsidiaries, related companies, and affiliates, which may contain terms of service that are different from this Agreement. You should read the terms of services and privacy policies on each such website, as your accessing such website constitutes your agreement to be bound by the terms and conditions and privacy policies contained in such website.
- Third-Party Links. The Website and Services may contain links to third-party websites that are not under the control of or maintained by BookMD, including advertiser websites (the “Linked Sites”). The Linked Sites are not under the control of BookMD and BookMD is not responsible for the content of any Linked Site. BookMD does not endorse or make any representations about these websites, or any information, materials, or products found thereon. If you access any of the third-party websites linked to by the Website or Services, you do so at your own risk. In no event shall BookMD be liable for any loss, claim, damages, or costs that may arise in connection with your access to or use of any third-party links or Linked Sites. Any dealings with third parties (including advertisers) included within the Website, Services or Linked Sites, or participation in promotions offered by third parties, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. BookMD shall not be responsible or liable for any part of any such dealings or promotions.
- Access and Use Where Prohibited. Access to and use of the Website and Services are unauthorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation this Section.
- Operation of the Website and Services from the United States of America. By accessing and using the Website and Services, you acknowledge and agree that BookMD controls and operates all parts of the Website and Services from its offices in the United States of America and that the Website and Services are intended for use by users located in the United States of America. Unless expressly stated to the contrary, BookMD makes no representation that the Website or Services are appropriate or will be available for use in other locations. Unless otherwise explicitly stated, all marketing or promotional materials found on or accessible through the Website and Services are solely directed to individuals, companies, or other entities located in the United States of America. BookMD reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any feature, product, or service made on or through the Website and Services is void where prohibited. If you access or use the Website or Services from outside the United States of America, you are entirely responsible for compliance with applicable local laws and other applicable laws. You may not use any portion of the Website or Services in violation of applicable export laws and regulations.
If you access the Website or Services from outside the United States, you acknowledge and agree that your information may be transferred to and maintained on computers and servers located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. Your consent to the Agreement followed by your submission of such information represents your agreement to the transfer of such information to the United States and the collection, use, and disclosure of your information in accordance with United States law and the BookMD Privacy Policies.
- Miscellaneous. This Agreement constitutes the entire agreement between you and us regarding the use of the Website and Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision, nor shall any single or partial exercise by BookMD of any right or power hereunder preclude further exercise of that or any other right hereunder. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.” If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Nothing contained herein shall be construed to establish an employment, partnership, or joint venture relationship between you and BookMD. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without BookMD’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees. In the event BookMD’s performance of this Agreement, or any obligation hereunder, is prevented, restricted, or interfered with by reason of acts of God or of the public enemy, acts of the Government in its sovereign capacity, fires, floods, epidemic, strikes, picketing or boycotts, or any other circumstances caused by natural occurrences or third party actions beyond the reasonable control and without the fault or negligence of BookMD, BookMD shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction or interference.
- BOOKMD CONTACT INFORMATION.
14 Murray Street, Suite 250
New York, NY 10007