Terms of Service (TOS)
ACCEPTANCE OF TERMS
IneedMD, Inc. provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: www.ineedmd.com/public/tos.html. In addition, when using particular IneedMD, Inc. services, you and IneedMD, Inc. shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. Acceptance of the TOS is absolute and applies to you as a customer or site visiter regardless of whether you order products from IneedMD, Inc. or not.
DESCRIPTION OF SERVICE
IneedMD, Inc. currently provides registered users with access to additional purchasing options and other features (the "Service"). You also understand and agree that the service may include certain communications from IneedMD, Inc., such as service announcements, administrative messages and the IneedMD, Inc. Newsletter, and that these communications are considered part of your IneedMD, Inc. registration after you register your account and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that IneedMD, Inc. assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
You are responsible for obtaining and maintaining secure access to the Service. In addition, you must provide and are responsible for all essential equipment and accessories necessary to access the Service or successfully use our products.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete, (c) provide true, accurate, current, complete and valid information about your method of payment (such information being the “Billing Data”), (d) maintain and promptly update the Billing Data to keep it true, accurate, current, complete and valid. If you provide any information that is untrue, inaccurate, not current or incomplete, or if IneedMD, Inc. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, IneedMD, Inc. has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Unless arrangements are made in advance, all payments for purchases made through this website will be automatically billed to the credit card or merchant account information you provide in your Billing Data.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password and account. You agree to (a) immediately notify IneedMD, Inc. of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. IneedMD, Inc. cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") displayed on or submitted through our site are solely owned and the intellectual property of IneedMD, Inc.
You agree to indemnify and hold IneedMD, Inc., and its parent company, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
MODIFICATIONS TO SERVICE
IneedMD, Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that IneedMD, Inc. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that IneedMD, Inc. may, under certain circumstances and without prior notice, immediately terminate your IneedMD, Inc. account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical issues or problems, and (f) extended periods of inactivity. Termination of your IneedMD, Inc. account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in IneedMD, Inc.’s sole discretion and that IneedMD, Inc. shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service. All fees paid to IneedMD, Inc. are non-refundable unless product(s) are defective.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because IneedMD, Inc. has no control over such sites and resources, you acknowledge and agree that IneedMD, Inc. is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that IneedMD, Inc. 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 site or resource.
INEEDMD, INC.’S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to access the Service by any means other than through the interface that is provided by IneedMD, Inc. for use in accessing the Service.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. INEEDMD, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- ELEMENT FUSION MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INEEDMD, INC. OR THROUGH, OR FROM, THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT INEEDMD, INC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF INEEDMD, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE OR OUR PRODUCTS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
IneedMD, Inc., the IneedMD logo, and other IneedMD, Inc. product and service names and logos are trademarks of IneedMD, Inc. (the "IneedMD, Inc. Trademarks"). Without IneedMD, Inc.'s prior permission, you agree not to display or use in any manner, the IneedMD, Inc. Trademarks.
The TOS constitutes the entire agreement between you and IneedMD, Inc. and governs your use of the Service, superseding any prior agreements between you and IneedMD, Inc.. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and IneedMD, Inc. shall be governed by the laws of the State of New York (USA) without regard to its conflict of law provisions. You and IneedMD, Inc. agree to submit to the personal and exclusive jurisdiction of the courts located within New York County, New York (USA). The failure of IneedMD, Inc. to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.