Terms and Conditions
Last updated: 9/26/19
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the ChoiceMd.com website (the "Service") operated by Choice MD LLC ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
Communications
By creating an account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Subscriptions
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on an annual basis.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Choice MD LLC cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Choice MD LLC customer support team.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Choice MD LLC with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize Choice MD LLC to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Choice MD LLC will issue an electronic invoice indicating that you must proceed manually, with a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Fee Changes
Choice MD LLC, in its sole and absolute discretion and at any time, may modify the fees for the Subscription. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Choice MD LLC will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Content
The contents of the Service, such as text, graphics, images, and other materials created by Choice MD LLC or obtained from Choice MD LLC’s licensors, and other materials contained on the Service (collectively, "Content") are for informational purposes only. The Content posted on this Service is protected by the copyright laws of the United States and in foreign countries. Choice MD LLC authorizes you to view or download a single copy of the Content solely for your personal, noncommercial use provided you include the copyright notice located at the end of the material and: "©2019, Choice MD LLC. All rights reserved", and other copyright and proprietary rights notices that are or may be contained in the Content. Any special rules for the use of certain software and other items accessible through the Service may be included elsewhere in the Service and are incorporated into these Terms by reference.
Title to the Content remains with Choice MD LLC or its licensors. Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Content and other features are subject to change or termination without notice in the editorial discretion of Choice MD LLC. All rights not expressly granted herein are reserved to Choice MD LLC and its licensors.
If you violate any of these Terms, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
Our Service allows you to contribute to the Content by posting, uploading links, storing, sharing and otherwise making available certain information, text, graphics, videos, or other material. You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, proprietary rights, trademark rights, or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright, trademark or other proprietary right of another person or entity
To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (like name, phone number, email address or website URL) of you or of anyone else. Uploading media like images or video of other people without their permission is strictly prohibited. Never post a picture or video of or with someone else unless you have their explicit permission. By submitting any Content through the Service, you further agree that such submission is non-confidential for all purposes. If you wish to keep any information confidential do not post such information through the Service.
It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms.
You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or the Service.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you irrevocably grant, and warrant that the owner of such content or intellectual property has expressly granted, us the perpetual, worldwide, royalty-free, fully sublicensable right and license to use, modify, publicly perform, publicly display, reproduce, create derivative works from, and distribute such Content on and through the Service or any other medium. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
You agree to indemnify Choice MD LLC and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys' fees (at the pre-trial, trial and appellate levels), arising from the media and/or your failure to comply with these Terms and Conditions.
Choice MD LLC has the right but not the obligation to monitor and edit all Content provided by users and the right to modify or delete any Content found to be contrary to these Terms in Choice MD LLC’s sole and absolute discretion.
In addition, Content found on or through this Service are the property of Choice MD LLC or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
Accounts
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service. This Service is not intended or designed to attract children under the age of 18.
You are solely responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. You grant Choice MD LLC and all other persons or entities involved in the operation of the Service the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Service. Choice MD LLC cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using the Service.
Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to info@choicemd.com, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims"
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You can contact our Copyright Agent via email at info@choicemd.com
Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of Choice MD LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Choice MD LLC.
Links To Other Websites
Our Service may contain links to third party websites or services that are not owned or controlled by Choice MD LLC
Choice MD LLC may also select certain sites as priority responses to search terms you enter and Choice MD LLC may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Choice MD LLC does not recommend and does not endorse the content on any third-party websites.
Choice MD LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Choice MD LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.
Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including, a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
You agree to defend, indemnify and hold harmless Choice MD LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees at the pre-trial, trial and appellate level), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, c) your reliance on the Content, or d) the Content you post on the Service.
Limitation Of Liability
In no event shall Choice MD LLC, nor its directors, employees, partners, agents, suppliers, licensors or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Choice MD LLC, and its directors, employees, partners, agents, suppliers, licensors and affiliates are not liable for any personal injury, including death, caused by your use or misuse of the Service or Content. Choice MD LLC, and its directors, employees, partners, agents, suppliers, licensors and affiliates shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1,000.00. Any claims arising in connection with your use of the Service or any Content must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms.
Disclaimer
The Service and Content Do Not Provide Medical Advice.
The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment, it is for informational purposes only. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Do not disregard professional medical advice or delay in seeking professional medical advise.
If you think you may have a medical emergency, call your doctor or 911 immediately. Choice MD LLC does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Service. Reliance on any information provided by Choice MD LLC, its employees, others appearing on the Service at the invitation of Choice MD LLC, or other visitors to the Service is solely at your own risk.
Your use of the Service and the Content is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
When using the Service, information will be transmitted over a medium that may be beyond the control and jurisdiction of Choice MD LLC and its suppliers. Accordingly, Choice MD LLC assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Service.
Further, Choice MD LLC and its subsidiaries, affiliates, and licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions.
You expressly agree that exclusive jurisdiction for any dispute with Choice MD LLC, or in any way relating to your use of the Service, resides in the federal and state courts of the State of Florida located in Miami-Dade County, and you further agree and expressly consent to the exercise of personal jurisdiction in the federal and state courts of the State of Florida located in Miami-Dade County in connection with any such dispute including any claim involving Choice MD LLC or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, licensors, and content providers.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Changes
We reserve the right, at our sole and absolute discretion, to modify or replace these Terms at any time and in our sole and absolute discretion without any prior notice.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Complete Agreement
These Terms and the Privacy Policy constitute the entire agreement between you and Choice MD LLC with respect to the use of the Service and the Content.
Contact Us
If you have any questions about these Terms, please contact us.
