EVERYONES MD ENABLES CONSUMER-INITIATED DIGITAL COORDINATION AND COMMUNICATION WITH LICENSED HEALTH CARE PROVIDERS. THE USE OF EVERYONES MD’S SERVICES DOES NOT REPLACE YOUR EXISTING RELATIONSHIP WITH ANY PHYSICIAN OR OTHER HEALTH CARE PROVIDER. THE SERVICES MIGHT NOT BE APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. IF YOU HAVE A MEDICAL EMERGENCY, DO NOT USE THIS SERVICE AND IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911.
PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY SET FORTH THE IMPORTANT BINDING TERMS AND CONDITIONS YOU WILL NEED TO KNOW ABOUT THE SERVICES.
BY CLICKING “I AGREE,” USING ANY SIMILAR ACCEPTANCE PROTOCOL PRESENT THROUGHOUT THE SITES, OR OTHERWISE EXPLICITLY OR IMPLICITLY ACCEPTING THESE TERMS OF USE THROUGH YOUR ACCESS AND USAGE OF THE SITES, YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED AND AGREED TO BE LEGALLY BOUND BY THE TERMS OF USE. IF YOU DO NOT AGREE TO THE TERMS OF USE, YOU MAY NOT ACCESS THE SITES, USE THE SERVICES, OR REGISTER AS A USER.
THE TERMS OF USE ARE SUBJECT TO CHANGE AS PROVIDED HEREIN.
Everyones MD, LLC (“Everyones MD”) and its respective affiliates (collectively, “we ”, “us”, or “our”) own and operate the websites located at www.everyonesmd.com, (collectively, the “Websites,” and collectively with any affiliated mobile application (“App”), the “Sites”). Generally, Everyones MD provides a digital platform through the Sites for connecting and coordinating you to access third-party health care providers employed or contracted with telemedicine, pharmacy, and other health care organizations (“Affiliates”) and not from Everyones MD. The Sites act as a digital platform to facilitate the provision of the Services to registered users. The Services may include: (a) providing individuals with information on health care and wellness (“Content”); (b) providing individuals with access to physicians and other licensed health care professionals; (c) pharmacy fulfillment services; (d) developing and gathering health care records and information with retention of the same for use in health care provider appointments, communications, and pharmacy services; (e) administrative support in connection with scheduling or paying for health care or pharmacy services; and (f) telecommunications support for using the Services as a means of direct access to health care providers and similar affiliated professional entities for communication, consultations, assessments, and treatment by such health care organizations and their providers (collectively, the “Services”).
These terms and conditions of use (“Terms of Use”) describe your rights and responsibilities regarding the access and use of the Sites and Services. Your access to and use of the Sites and Services is subject to these Terms of Use, our Privacy Policy as well as all applicable laws and regulations. In these Terms of Use, the terms “you” and “yours” refer to the person using the Services. Even though you may have arrived to the Sites through a website or mobile application operated or controlled by a third party, including by an affiliate of Everyones MD, you understand and agree that these Terms of Use are entered into between you and Everyones MD. If you do not accept and agree to be bound by these Terms of Use, you are not authorized to access or otherwise use the Sites, Services or any information or Content provided through the Sites or Services. The Sites and Services are continually under development, and Everyones MD reserves the right to review or remove any part of these Terms of Use in its sole discretion at any time and without prior notice to you. You should check the Terms of Use from time to time when you use the Sites or Services to determine if any changes have been made. Any changes to these Terms of Use are effective upon posting to the Sites. Unless otherwise indicated, any new Content added to the Services is also subject to these Terms of Use upon posting to the Sites. If you disagree with these Terms of Use, your sole and exclusive remedy is to discontinue your use of the Sites and/or Services. Your continued use after a change has been posted constitutes your acceptance of the changes.
Everyones MD does not provide you with any medical or health care services whatsoever, including via the Sites and Services. Rather, Everyones MD provides a digital platform and technology for you to access health care providers to obtain access to additional information, products and services, which you may or may not choose to utilize in planning your health care and wellness. Access to certain medical and health care services from the Affiliates may be dependent upon a health care provider ordering such services. The health and wellness resources made available through the Sites and Services are not a substitute for direct in-person health care in all cases. The decision to focus on diagnosis, treatment recommendations, or both, rests with you and your health care provider. If you do seek health care services or products through the health and wellness resources made available through the Sites and Services, you understand and agree that those services or products are provided by Affiliates and are separate and distinct from any Services provided by Everyones MD. You acknowledge that by coordinating, and in certain cases consulting, with a health care provider through the Services, you are not entering into a provider-patient relationship with Everyones MD. By accepting the Terms of Use, you agree and consent to Everyones MD, Affiliates, or other health care providers sending you disclosures, notices, messages, reports, and other communications. It is your responsibility to monitor these communications. You acknowledge and agree that you will not hold us or any Affiliates liable for any loss, injury, or claim of any kind resulting from your failure to read these communications or for your failure to comply with any treatment recommendations contained in these communications.
Certain of our Services are currently only available to registered users residing in certain states. Furthermore, generally, you acknowledge and agree that: (a) all or any part of the Sites may not be accessible at any time, for any period, or for any reason; and (b) Everyones MD will not be liable if for any reason all or any part of the Sites are unavailable at any time or for any period.
To qualify for the Services, you: (a) must be age 18 or older; (b) reside in a State where we operate (differs based on the Services received or sought); and (c) agree to be legally bound by and comply with these Terms of Use. You understand and agree that satisfying the above requirements does not guarantee that you will receive Services through Everyones MD. In addition to the above requirements, Everyones MD and certain Affiliates reserve the right to modify or create new requirements as deemed appropriate in their sole discretion without prior notice to you.
You must have compatible computing and/or mobile devices, internet access, and certain necessary software as required to use the Sites. Fees and charges unrelated to the provision of the Services may apply to your use of mobile devices and the internet.
Telemedicine involves the remote delivery of health care services using electronic communications, information technology, or other means between a health care provider and a patient located in separate physical locations. Telemedicine may be used for diagnosis, treatment, follow-up and/or related patient education, and may include, but is not limited to: (a) electronic transmission of medical records, photo images, personal health information, or other data between a patient and health care provider; (b) Interactions between a patient and health care provider via audio, video, and/or data communications; and (c) use of output data from medical devices, sound, and video files. The electronic systems used in the Services will incorporate network and software security protocols to protect the privacy and security of health information and imaging data and include measures to safeguard the data to ensure its integrity against intentional or unintentional corruption. Please see our Consent to Telehealth (“Consent to Telehealth”) available on the Sites at www.everyonesmd.com for a description of the risks and benefits of telemedicine. The Consent to Telehealth is hereby incorporated into these Terms of Use by reference and constitutes a part of these Terms of Use.
Confidentiality and privacy regarding your personal and health information is of the utmost importance to Everyones MD. For a description of how we may collect and use your personal and health information please see our Privacy Policy (“Privacy Policy”) incorporated herein and available on the Sites at www.everyonesmd.com. When you register an account with us, you are creating a direct customer relationship with Everyones MD that enables you to access and/or utilize the various functions of the Services. As part of that relationship, you provide information to Everyones MD, including but not limited to your name, email address, shipping address and phone number, that we may collect, use and disclose in accordance with our Privacy Policy that we do not consider to be “health” information. However, any information that you provide that is subject to specific protections under applicable federal or state laws will be maintained in accordance with any such laws.
In some cases, a health care provider may use the Services to provide advice or treatment to you. A health care provider consulting with you through the Services may not have the benefit of information that would be obtained by examining you in-person and observing your physical condition. Therefore, the health care provider may not be aware of facts or information that may affect his or her opinion regarding a potential diagnosis or treatment recommendation. To reduce the risk to you of this limitation, Everyones MD strongly encourages you to provide all relevant information and discuss any diagnosis and treatment options with a health care provider. Moreover, a health care provider utilizing Everyones MD may be limited by state law in prescribing certain medications to you without first conducting an in-person physical examination. By deciding to engage the Services, you acknowledge and agree that you are aware of these limitations and agree to assume the risk of these limitations. Furthermore, you acknowledge and agree that: (a) any diagnosis you may receive is limited and, in some cases, provisional; (b) any health care services rendered to you by a health care provider are not intended to replace a full medical evaluation or an in-person visit with a health care provider; and (c) the absence of a physical examination may affect the health care provider’s ability to diagnose any potential condition, disease, or injury. For more information regarding the health care services offered by health care providers utilizing the Services, please visit Support@EveryonesMD.com.
Although certain parts of the Sites are accessible by any individual, you are obligated to register with Everyones MD to access the Services. The Services are available only to users who have registered with Everyones MD and to other persons affiliated with Everyones MD who have been granted accounts with usernames and passwords (“Secure Users”). If you are a Secure User, you agree and are bound to provide information that is accurate, complete and correct, and to accurately maintain and update any information that you have provided to Everyones MD. If you do not maintain such information, or Everyones MD has reasonable grounds to suspect as much, Everyones MD has the right to suspend or terminate your account and your use of the Services. You also agree to immediately notify Everyones MD of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to the Services by emailing Everyones MD at security@everyonesmd.com.
We may take all actions deemed necessary or reasonable to maintain the security of the Sites, Services and your Secure User account. You agree to keep confidential your username and password and to exit from your Secure User account at the end of each session. You are responsible for all activities that occur under your account and for maintaining the confidentiality of your password. You are responsible for changing your password promptly if you think it has been compromised. You may not transfer or share your password with anyone or create more than one account. You may not use anyone else’s account at any time. We explicitly disclaim liability for all losses and damages arising from your failure to comply with this Section.
The App is intended for use only on a mobile phone that runs an unmodified manufacturer approved operating system. Using the App on a mobile phone with a modified operating system may undermine security features that are intended to protect your information from unauthorized or unintended disclosure. As a result, you may compromise your information if you use the App on a mobile phone that has been modified. Use of the App on a mobile phone with a modified operating system is a material breach of these Terms of Use.
Subject to your compliance with the Terms of Use, we hereby grant to you a personal, limited, revocable, non-exclusive, and non-transferable right to view, download, access, and use the Sites in the United States and to use the Services solely for your personal and non-commercial use and only as permitted under the Terms of Use, the Consent to Telehealth, and the Privacy Policy. No other right, title, or interest in or to the Sites is transferred to you, and all rights not expressly granted are reserved by Everyones MD or its licensors. We expressly reserve the right, in our sole discretion, to deny or suspend use of the Sites or Services to anyone for any reason. You agree that you will not, and will not attempt to: (a) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; (b) use the Sites or Services to violate any local, state, national or international law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the Sites; (d) distribute, input, upload, transmit, or otherwise run or propagate any virus, application, Trojan horse, or any other harmful computer code that could damage or alter a computer, portable device, computer network, communication network, data, or our Sites, or any other system, device, or property; (e) access or use the Sites in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party; (f) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Sites, Services or related materials in any way; (g) use or access the Sites to create or develop competing products or services or for any other purpose that is to Everyones MD’s detriment or commercial disadvantage; (h) take any action or use the Sites in any manner which could damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or harm in any manner our Sites or any content, in whole or in part; (i) disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to our Sites or any computer network; (j) bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure implemented by Everyones MD or any of our service providers to protect our Sites; (k) remove, delete, alter, or obscure any trademarks, specifications, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from our Sites or any content made available to you on or through our Sites; (l) use any manual process or automated device to monitor or copy any content made available on or through our Sites for any unauthorized purpose except as permitted by this section; (m) copy, duplicate, download, store in a retrieval system, publish, transmit or otherwise reproduce, transfer, distribute, store, disseminate, aggregate, use as a component of or as the basis for a database or otherwise use in any form or by any means any data, text, reports, or other materials related to Everyones MD or third-party content from the Sites; (n) otherwise use the Sites in any manner that exceeds the scope of use granted above; or (o) encourage or enable any other individual to do any of the foregoing.
You understand and agree that any data or information you provide to Everyones MD on or through the Sites, whether by direct entry, submission, email or otherwise, including, but not limited to, data, questions, comments, forum communications, or suggestions, will be treated as non-confidential and non-proprietary and will become the property of Everyones MD, Affiliates or other applicable health care providers utilizing the Services in accordance with our Privacy Policy. Such information may be used for any purpose, including, without limitation, reproduction, solicitation, disclosure, transmission, publication, broadcast, and posting. Everyones MD shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Everyones MD via the Services or by any other means for any purpose whatsoever, including, without limitation, developing and marketing products using such information.
Everyones MD is the sole and exclusive owner of all right, title and interest in and to Everyones MD’s Sites and their content, features and functionality (including, without limitation, all information, software, text, displays, images, video, audio, design, selection, arrangement and look and feel), other Content, and all intellectual property rights therein and any suggestions, ideas or other feedback provided by you. You are not permitted to reproduce, publish, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the material on our Sites except as generally and ordinarily permitted through the Sites according to the Terms of Use. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Sites or Content shall be owned solely and exclusively by Everyones MD or its licensors, including all intellectual property rights therein. You may not access or use for any commercial purposes any part of the Sites or Content.
Certain names, logos, and other materials displayed in and through the Sites may constitute trademarks, trade names, service marks or logos (“Marks”) of Everyones MD or Affiliates. You are not authorized to use any such Marks without the express written permission of Everyones MD. Ownership of all such Marks and the goodwill associated therewith remains with us or Affiliates.
The Sites may contain hyperlinks or references to other websites (“Linked Sites”) operated by third parties. The Linked Sites may not be under our control; therefore, we are not responsible for the information, products or services described thereon, or for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these Linked Sites to you only as a convenience, and the inclusion of any Linked Sites does not necessarily imply endorsement of the Linked Sites or any association with its operators. Your use of the Linked Sites is at your own risk, and we are not liable to you in any way, either directly or indirectly, for any content, errors, damage or loss caused by or in connection with use of or reliance on information contained in or provided to Linked Sites. You may have arrived at the Sites through a Linked Site, including a Linked Site controlled by a parent, subsidiary or affiliate of Everyones MD. You understand and agree that we are not responsible for the information, products or services described on those Linked Sites and only these Terms of Use will apply to your use of or access to the Sites.
The Terms of Use will remain in full force and effect while you continue to access or use the Sites or Services. You may terminate the Terms of Use at any time by discontinuing use of the Sites and Services. Your permission to use the Sites automatically terminates if you violate these Terms of Use. Everyones MD reserves the right to terminate or suspend any of the rights granted by the Terms of Use and your access to and use of the Sites or Services with or without prior notice, for any reason, and at any time. If termination occurs, Everyones MD will have no further obligation to provide the Services. You agree that if your use of the Services is terminated pursuant to the Terms of Use, you will not attempt to use the Services in any way, and you further agree that if you violate this restriction after such termination, you will indemnify and hold Everyones MD harmless from any and all liability that Everyones MD may incur. Subject to applicable law, Everyones MD reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Sites pursuant to its internal record retention and/or content destruction policies in relation to a termination or otherwise. The following provisions survive the termination of these Terms of Use for any reason whatsoever: Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law, Dispute Resolution, Arbitration, Venue, Severability of Provisions; No Waiver; and Assignment.
Everyones MD reserves the right, at any time and for any reason, to modify, or temporarily or permanently discontinue, the Sites or Services or any portion thereof, with or without notice. You agree that Everyones MD shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Sites or Services.
The Services, or certain features of the Services, may be available only if you pay certain fees (collectively, “Fees”). You agree to pay all Fees due for services requested through or related to the use of the Services. You will provide us with accurate and valid credit card or other digital payment information and update such payment information as necessary. By entering your payment information and submitting your request, you authorize our third-party payment processors to charge the Fees. The Fees may include any charges due for telemedicine or pharmacy services charged by Affiliates or other applicable health care providers, which are separate and distinct from the charges due to Everyones MD. Any telemedicine or pharmacy services not made available through the Services are not included in the Fees by Everyones MD, and you may be separately charged by the applicable health care providers for such services. If your credit card is unable to process the Fees charged, you may receive notice to provide an alternative payment method. Everyones MD, Affiliates, and other applicable health care providers have no obligation to provide any health care or pharmacy services unless and until full payment of the Fees has been received and/or verified.
Everyones MD, Affiliates, and other applicable health care providers not enrolled with, and are not participating providers with, any federal or state healthcare programs (e.g., Medicare, Medicaid) for the provision of any health care or mental health services or products as arising from the use of the Services. As such, neither you, us, Affiliates, or other applicable health care providers may receive payment from such programs for the services or products provided to you by us, Affiliates or other applicable health care providers. Further, to the extent that any Affiliates or other applicable health care providers may be enrolled in federal or state healthcare programs, the means by which any services or products are provided or made accessible through the Services typically will preclude such services and products from being covered benefits under these programs. AS we understand it, neither federal nor state health care programs currently pay for any of the telemedicine or pharmacy services or products made available through the Services by Affiliates or other health care providers, at least not how such services or products are provided (i.e., using telemedicine and bundled treatment offerings). By agreeing to use the Services, you acknowledge and agree that: (a) you are explicitly choosing to obtain services and products on a cash basis outside of any federal or state healthcare program and you have sole financial responsibility for all services or products ordered or provided to you by or through the Services; and (b) neither you nor Everyones MD, Affiliates, or other applicable health care providers will submit a claim for reimbursement to any federal or state health care program for the costs of the services and products provided to you through the Services.
Certain products and services available for purchase through the Services require that you purchase the service and products on an automatically renewing, subscription basis. For subscription-based services and products, your payment information will be automatically charged at regular intervals as described for that service or product during the checkout process. You may cancel a subscription at any time up to forty-eight (48) hours before the applicable renewal processing date of your subscription through the Service or by emailing Support@EveryonesMD.com directly. To simplify your experience with the Services, you will only see and be required to pay a single “total” subscription price as part of the Fees. However, if a subscription service or product you purchase required a consultation with a health care provider, includes a prescription product that you fill through one of the Affiliates and/or includes mental health services, then the total Fees you pay includes the amounts charged by us for access to the Services through our digital platform, and also amounts charged separately by the Affiliate or other applicable health care provider for their delivery of the services and/or products, as applicable.
Certain products available through the Services require a valid prescription ordered by a health care provider. Eligibility and receipt of a prescription product requires completion of a consultation with a health care provider who orders such product for you as appropriate. If so ordered, you will receive information about your options for filling the prescription. The use of the Sites and Services in no way restricts your choice of provider of pharmacy services. You may select your own provider of pharmacy services or you may choose pharmacy services from an Affiliate. If you choose pharmacy services from an Affiliate, you agree and consent to transmit and disclose to the Everyones MD and Affiliates all related information you provide such as health care records and other personal information (such as your name, location and demographic information) so that you may receive the pharmacy services. The Affiliate ships the prescription product to you once the costs associated with the prescription are paid, which are included in the total Fees charged to you through the Services as described in the “Subscription Products” section above. Alternatively, you may fill the prescription at any pharmacy of your choice as prompted during your use of the Services. If you do not choose an Affiliate, the Services will send the prescription to your selected pharmacy via an electronic transmission, but you will be responsible for picking up or otherwise obtaining the prescription product and paying the pharmacy directly for the cost of the prescription product. Some prescriptions are not available through Affiliates or must be filled by a local pharmacy of your choice as prompted during your use of the Services, including prescriptions used for many common primary care conditions. If you choose to receive pharmacy services from an Affiliate to fulfil any prescriptions ordered by health care providers through the Services, you acknowledge that your medication, if approved, will not be shipped in child-resistant packaging and that you must keep it out of the reach of children.
All services or products offered through the Sites or Services by Everyones MD or Affiliates are subject to availability and quantity limits on any request. We and our Affiliates reserve the right to reject all or any part of a request without prior notice. In the event of an error, we reserve the right to correct the error and revise your request accordingly (which includes charging the correct price) or to cancel the request and refund any amount charged. Prices for services and products are subject to change at any time without notice to you. You are responsible for any applicable sales, use, duty, customs or other governmental taxes, levies or fees (“Taxes”) due with respect to your purchase of services or products under the Services. We will collect applicable Taxes if we determine we have a duty to collect Taxes. We will present an estimate of Taxes we collect at checkout, except where we have clearly stated in writing that a price includes Taxes. The actual Taxes charged may be adjusted from the amount shown at checkout. We are not required to, and do not, collect Taxes in all states. You may have a duty to directly report and pay Taxes if we do not collect such Taxes.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES AND SERVICES IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT THE SITES AND SERVICES ARE PROVIDED THROUGH THE SITES ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. EVERYONES MD AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES AND AGENTS, (COLLECTIVELY “RELATED PERSONS”) MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITES AND SERVICES INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT, TITLE, AVAILABILITY, SECURITY, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OR SYSTEM INTEGRATION. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE SITES OR SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. TO THE FULLEST EXTENT OF APPLICABLE LAW, NEITHER EVERYONES MD NOR RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITES OR SERVICES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR USEFULNESS OF THE SITES AND SERVICES. FURTHERMORE, EVERYONES MD MAKES NO GUARANTEE THAT THE SITES AND SERVICES WILL BE UNINTERRUPTED OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND EVERYONES MD DISCLAIMS ANY LIABILITY RELATING THERETO. YOU UNDERSTAND AND EXPRESSLY AGREE THAT ANY CONTENT, MATERIAL, OR INFORMATION OBTAINED THROUGH THE USE OF THE SITES AND SERVICES ARE USED AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE PHONE OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL, OR INFORMATION.
YOU UNDERSTAND AND EXPRESSLY AGREE THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS SECTION, IN NO EVENT WILL EVERYONES MD OR RELATED PERSONS BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), CONTRACT, WARRANTY, STATUTE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE OR DATA, SERVICE INTERRUPTION, COMPUTER OR MOBILE PHONE DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE OF (OR INABILITY TO USE) THE SITES, OR ANY SERVICES PROVIDED THROUGH THE SITES, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITES. THIS IS TRUE EVEN IF EVERYONES MD OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. TO THE EXTENT, AS A MATTER OF APPLICABLE LAW, ANY IMPLIED WARRANTY OR LIABILITIES MAY NOT BE DISCLAIMED, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
You agree to indemnify and hold Everyones MD and Related Persons, harmless from and against any and all third-party suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, reasonable attorneys’ fees, litigation expenses, and accounting fees), relating to or arising from, or alleged to arise from: (a) your breach of the Terms of Use; (b) your use of the Sites or Services; or (c) your use of any aspect of the Sites and Services (i) in an unauthorized manner, (ii) fraudulently, (iii) in violation of law, or (iv) through your willful misconduct.
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO RESOLVE ALL DISPUTES WITH US THROUGH BINDING ARBITRATION, LIMITING THE MANNER BY WHICH YOU CAN SEEK RELIEF FROM EVERYONES MD. The Terms of Use and your use of the Sites and Services shall be governed by the laws of the State of Delaware, without giving effect to the principles of conflict of laws.
Any dispute arising under or relating in any way to the Terms of Use will be resolved exclusively by final and binding arbitration in Florida administered by the American Arbitration Association (“AAA”) under the Federal Arbitration Act, and shall be conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by the AAA (for information on the AAA and its rules, see adr.org). You agree that the arbitration shall be held in Florida, unless the AAA or the arbitrator shall determine that venue in such city is unreasonably burdensome, in which case the AAA or the arbitrator shall select a venue that is not unreasonably burdensome to both you and us. The arbitrator may render early or summary disposition of some or all issues, after the parties have had a reasonable opportunity to make submissions on these issues. At Everyones MD’s option, this provision shall not apply to claims of patent, trademark, or copyright infringement or misappropriation of trade secrets (collectively, “IP Claims”). With respect to any IP Claims that are not subject to arbitration under the above provision, you hereby consent to non-exclusive jurisdiction and venue in any federal or state court located within Florida, with respect to any suit, claim or cause of action arising from or relating to the Service or the Terms of Use, and you shall not bring any such suit, claim or cause of action except in a court located within Florida. You agree that any arbitration shall not permit claims on a class, mass, representative, or private attorney general basis. You further agree that no claims of other parties may be consolidated with your or our claims in the arbitration without both your and our consent. YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS, MASS, REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED ACTION AGAINST US. If any part of this Arbitration clause is later deemed invalid as a matter of law, then it shall be severed and the remaining portions of this section shall remain in effect, with the exception that if the preceding paragraph is deemed invalid, then this entire section shall be deemed invalid and the arbitration clause shall be void.
All parts of the Terms of Use apply to the maximum extent permitted by law. Everyones MD and you both agree that if we cannot enforce a part of this contract as written, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce, to the extent permitted by law. The invalidity of part of these Terms of Use will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.
No waiver by Everyones MD of any term or condition set forth in the Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Everyones MD to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
Neither the Terms of Use, nor any Content, materials or features of the Sites or Services create any partnership, joint venture, employment, or other agency relationship between us and you. You may not enter into any contract on our behalf or bind us in any way.
You agree that any violation, or threatened violation, by you of the Terms of Use constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
You may not assign any of your rights under the Terms of Use, and any such attempt will be null and void. We may, in our individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to the Terms of Use if some or all of the business of Everyones MD is transferred to another entity by way of merger, sale of its assets or otherwise.
Everyones MD reserves the right to remove any content or any other material or information available on or through our Sites, at any time, for any reason. Everyones MD otherwise complies with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to internet service providers (17 U.S.C. § 512, as amended), and responds to clear notices of alleged copyright infringement. This Section describes the procedure that should be followed to file a notification of alleged copyright infringement with Everyones MD. If you have objections to copyrighted content or material made available on or through our Sites, you may submit a notification to our designated agent at the following address: compliancecompliance@everyonesmd.com. Any notification to Everyones MD under 17 U.S.C. § 512(c) alleging copyright infringement must include the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right being infringed; (b) an identification of the copyrighted work or other intellectual property that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) an identification of the content or material that you claim is infringing and where it is located on our Sites; (d) information sufficient for Everyones MD to contact you, such as your address, telephone number, and/or email address; (e) a statement by you that you have a good-faith belief that the use of the content or material of which you are complaining is not authorized by the copyright owner, its agent, or the law; and (f) a signed statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact Everyones MD at support@everyonesmd.com.