Terms of Service

This website, located at www.ustelemedicine.com (the “Site”), is owned and operated by US Tele-Medicine, . (“Company”, “us”, and “we”). The Site provides users access to informational content on health, nutrition, and wellness, related products, and provides users the ability to maintain and track certain information about their health and nutrition, among other features (collectively, with all other services that may be provided through the Site, the “Services”). Certain features of the Site or Services require registration or may be subject to additional rules, conditions, requirements or guidelines, which may be posted on the applicable section of the Site in connection with such features. All such additional rules, conditions, requirements and guidelines are incorporated by reference into these Terms of Use.

THESE TERMS OF USE (“TERMS OF USE” OR “AGREEMENT”) SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE SITE AND SERVICES OFFERED ON OR THROUGH THE SITE. THIS SITE IS INTENDED FOR USERS IN THE UNITED STATES. IF YOU DO NOT WISH TO ABIDE BY THESE TERMS OF USE AND BE SUBJECT TO THE LAWS OF THE UNITED STATES, DO NOT USE THIS SITE. BY ACCESSING OR USING THE SITE OR SERVICES, YOU ARE ACCEPTING THESE TERMS OF USE AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO AGREE TO AND ABIDE BY THESE TERMS OF USE. YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES AVAILABLE THROUGH THIS SITE IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS OF USE, DO NOT ACCESS AND/OR USE THE SITE OR SERVICES. WE MAY MODIFY THESE TERMS OF USE FROM TIME TO TIME, AS REFLECTED BY THE REVISION DATE LISTED AT THE END OF THIS AGREEMENT, AND YOUR CONTINUED USE OF THE SITE FOLLOWING ANY UPDATE REPRESENTS YOUR CONTINUING AGREEMENT TO BE BOUND BY THESE TERMS OF USE, AS AMENDED.

1. IMPORTANT NOTICE
THE SERVICES, PRODUCTS AND OTHER CONTENT PROVIDED ON THIS SITE ARE INTENDED FOR INFORMATIONAL PURPOSES ONLY. THIS SITE IS NOT INTENDED FOR THE DIAGNOSIS, EVALUATION, OR TREATMENT OF ANY ILLNESS, DISEASE OR MEDICAL CONDITION. YOU ARE ENCOURAGED TO CONSULT YOUR PHYSICIAN OR OTHER HEALTH PROFESSIONAL REGARDING QUESTIONS YOU MAY HAVE REGARDING INFORMATION YOU OBTAIN ON OR THROUGH THIS SITE, AND ABOUT YOUR SPECIFIC MEDICAL CONDITION, NUTRITION AND FITNESS REGIMEN, AND TREATMENT OPTIONS. PLEASE READ ALL INFORMATION PROVIDED WITH ANY PRODUCT PROVIDED OR OBTAINED THROUGH THE SITE (INCLUDING PRODUCT LABELING AND INSERTS) BEFORE USE. ANY COMMENTS OR INFORMATION PROVIDED BY REVIEWERS OF PRODUCTS OR SERVICES OR OTHER THIRD PARTIES ON OR THROUGH THIS SITE ARE THEIR PERSONAL VIEWS AND NOT THOSE OF COMPANY. COMPANY DOES NOT ENDORSE ANY SERVICE, PRODUCT OR OTHER INFORMATION MADE AVAILABLE ON OR THROUGH THIS SITE.

2. USE OF SITE
Subject to these Terms of Use, Company grants you a non-transferable, non-exclusive, revocable license to use the Site and Services for your personal, noncommercial use. This limited license includes your right to print copies of the content on the Site solely for your personal use, provided that you reproduce all proprietary copyright and trademark notices (such as “Copyright 2015, US Tele-Medicine. All rights reserved.”) contained on the Site content that you print. Company reserves the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof. You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Site or Services.

The rights granted to you in these Terms of Use are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; (c) you shall not access the Site or Services in order to build a similar or competitive website service; and (d) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, enhancements or other addition to the features and functionality of the Site or Services shall be subject to the terms of this Agreement.

Excluding your User Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and Services are owned by Company or Company’s licensors or suppliers. The provision of the Site and Services does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. Company and its licensors and suppliers reserve all rights not granted in these Terms of Use. All trademarks, logos and service marks (“Marks”) displayed on the Site are Company’s property or the property of its licensors, suppliers and other third parties. You are not permitted to use these Marks without the prior written consent of the owner of any such Mark. If you provide Company any suggestions for enhancing the content or features of the Site or any Service offered through the Site, you hereby assign to Company all rights in the suggestions and agree that Company shall have the right to use (or not use) such suggestions and related information in any manner it deems appropriate. Company will treat any such suggestions you provide to Company as non-confidential and non-proprietary. You agree that you will not provide Company any suggestions that you consider to be confidential or proprietary.
You may not link from another website to this Site or display (through framing or other means) any portion of this Site on another site without our prior written consent.

3. USER ACCOUNT
In order to use certain features of the Site (e.g., use of the online shop and other Services), you must register for an account with Company (“User Account”) and provide certain information about yourself as prompted by the applicable Service 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. You may delete your User Account at any time, for any reason, by following the instructions on the Site. Company may suspend or terminate your Company Account in accordance with Section 10 (Term and Termination). You are responsible for maintaining the confidentiality of your User Account login information, controlling access to your User Account information, and are fully responsible for all activities that occur under your User Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your User Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.

4. USER CONTENT
The Site may provide features (such as blogs, user reviews, and message boards) that enable users to upload content to the public forums on the Site (“User Content”). User Content does not include personal information a user provides to Company for other purposes, such as information provided to establish a User Account, unless the user posts such information in a public forum on the Site. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (described below). You may expose yourself to liability if your User Content violates our Acceptable Use Policy. You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Company. Company is not obligated to backup any User Content and User Content may be deleted at anytime. You are solely responsible for creating backup copies of your User Content if you desire.

You hereby grant, and you represent and warrant that you have the right to grant, to Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content on the Site and Services. 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.
You agree to abide by Company’s “Acceptable Use Policy” as follows:
a. You agree not to use the Site or Services to collect, upload, transmit, display, or distribute any User Content (i) that 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; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
b. In addition, you agree not to use the Site or Services to: (i) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) 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; (iii) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or Services or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site or Services, other computer systems or networks connected to or used together with the Site or Services, through password mining or other means; (vi) harass or interfere with another user’s use and enjoyment of the Site or Services; or (vi) introduce software or automated agents or scripts to the Site or Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site or Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials).
We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person. Such acts may include removing or modifying your User Content, terminating your User Account in accordance with Section 10 (Term and Termination), and/or reporting you to law enforcement authorities.

5. PRIVACY
Use of this Site is subject to our Privacy Policy, which is incorporated herein by reference. In using our Site, you agree to be bound by our Privacy Policy, which we encourage you to review. If you do not agree with the terms of our Privacy Policy you should not use this Site.

6. INDEMNITY
You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Site or Services, (ii) your User Content, (iii) your violation of these Terms of Use; or (iv) your violation of applicable laws or regulations. Company 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 Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

7. THIRD PARTY SITES AND OTHER CONTENT USERS
This Site may contain links to third party websites, services, and advertisements for third parties (collectively, “Third Party Sites”). Such Third Party Sites are not under the control of Company and Company is not responsible for of the content any Third Party Sites. Company provides these Third Party Sites only as a convenience to users and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites, or products or services sold on or though any Third Party Site. When you link to a Third Party Site, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites. You use all Third Party Sites at your own risk.

You understand and acknowledge that each user of this Site or any Service available through this Site is solely responsible for any and all of their User Content.

BECAUSE WE DO NOT CONTROL THIRD PARTY SITES OR USER CONTENT, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY THIRD PARTY SITE OR USER CONTENT AND WE MAKE NO GUARANTEES REGARDING THE ACCURACY, CURRENCY, SUITABILITY, OR QUALITY OF ANY THIRD PARTY SITE OR USER CONTENT, AND WE ASSUME NO RESPONSIBILITY FOR ANY SUCH THIRD PARTY SITE OR USER CONTENT. YOUR INTERACTIONS WITH THIRD PARTY SITES OR OTHER SITE OR SERVICE USERS ARE SOLELY BETWEEN YOU AND SUCH THIRD PARTY SITE OR USER. YOU AGREE THAT COMPANY 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 THIRD PARTY SITE OR SITE OR SERVICE USER, WE ARE UNDER NO OBLIGATION TO BECOME INVOLVED. YOU HEREBY RELEASE AND FOREVER DISCHARGE US (AND OUR OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS) FROM, AND HEREBY WAIVE AND RELINQUISH, EACH AND EVERY PAST, PRESENT AND FUTURE DISPUTE, CLAIM, CONTROVERSY, DEMAND, RIGHT, OBLIGATION, LIABILITY, ACTION AND CAUSE OF ACTION OF EVERY KIND AND NATURE (INCLUDING PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE), THAT HAS ARISEN OR ARISES DIRECTLY OR INDIRECTLY OUT OF, OR RELATES DIRECTLY OR INDIRECTLY TO, ANY INTERACTIONS WITH, OR ACT OR OMISSION OF, ANY THIRD PARTY SITE OR OTHER SITE OR SERVICE USER. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

8. WARRANTY DISCLAIMERS
THE SITE AND SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR SERVICES, INCLUDING WITHOUT LIMITATION PRODUCTS, CONTENT, INFORMATION OR SERVICES OBTAINED THORUGH THIS SITE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) FREE OF VIRUSES OR OTHER HARMFUL CODE; OR (D) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL OR SAFE. PRODUCTS AND SERVICES PURCHASED THROUGH THIS SITE ARE SUBJECT ONLY TO THE APPLICABLE MANUFACTURER OR SUPPLIER WARRANTIES, IF ANY. COMPANY MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS AND SERVICES OF THIRD PARTIES MADE AVAILABLE THROUGH THE SITE. NO INFORMATION, SERVICES OR COMMUNICATIONS YOU MAY RECEIVE THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT OTHERWISE SET FORTH IN THESE TERMS OF USE. WE CANNOT GUARANTEE THE PRICING OR AVAILABILITY OF PRODUCTS AND SERVICES SOLD ON OR THROUGH THIS SITE; PRICES OF SUCH PRODUCTS AND SERVICES, AND THEIR AVAILABILITY, ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

9. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) ONE HUNDRED US DOLLARS ($100) OR (B) AMOUNTS YOU HAVE PAID COMPANY IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO 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.

10. TERM AND TERMINATION
Subject to this Section, these Terms of Use will remain in full force and effect while you use the Site or Services. We may (a) suspend your rights to use the Site and/or Services (including your User Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Site or Services in violation of this Agreement. Upon termination of these Terms of Use, your User Account and right to access and use the Site and Services will terminate immediately. You understand that any termination of your User Account involves deletion of your User Content associated therewith from our live databases. Company will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your User Account or deletion of your User Content. NOTE, CERTAIN SECTIONS OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION SECTIONS 6 – 9, WILL REMAIN IN EFFECT AND APPLICABLE TO YOU EVEN FOLLOWING TERMINATION.

11. COPYRIGHT POLICY
Company respects the intellectual property of others and asks that users of our Site and Services do the same. In connection with our Site and Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of the Site and Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site and Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification to [insert appropriate Company representative/department or name of designated agent]:

• a. identification of the copyrighted work(s) that you claim to have been infringed;
• b. identification of the material on our services that you claim is infringing and that you request us to remove;
• c. sufficient information to permit us to locate such material;
• d. your address, telephone number, and e-mail address;
• e. 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;
• f. 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; and
• g. your physical or electronic signature.

Please note that any misrepresentation of material fact (falsities) in a written notification may automatically subject 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.

12. GENERAL
This Agreement may be revised, modified or updated at any time, upon posting on this Site. Continued use of our Site or Services following a posting of the updated Terms of Use shall represent your acknowledgement of such changes and agreement to be bound by the updated Terms of Use. You are encouraged to review these Terms of Use, which have been updated as of the date listed at the end of this Agreement.

These Terms of Use shall be governed by the laws of the [Commonwealth of Massachusetts] without giving effect to any conflict of laws principles. You agree that all disputes will be brought in federal or state courts located in [Middlesex County, Massachusetts], and you agree to submit to the personal jurisdiction of such courts. You agree that you will not pursue any claim arising from your use of this Site or to enforce any provision of these Terms of Use unless such claim is initiated within one (1) year of the date that the claim arose.

The communications between you and Company use electronic means, whether you use the Service or send us emails, or whether Company posts notices on the Service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.

This Agreement constitutes the entire agreement between you and us regarding the use of the Site 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. The section titles in this Agreement are for convenience only and have no legal or contractual effect. As used in theses terms of Use, 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. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign this Agreement. The terms of this Agreement shall be binding upon assignees.
If you have any questions or comments regarding the Site or these Terms of Use, please e-mail us at [support@ustelemedicine.com] or at the following address or phone number: