Terms of Use
WE DON’T PRACTICE MEDICINE & WE DON’T PROVIDE MEDICAL ADVICE. DO NOT USE THE SITE
FOR MEDICAL NEEDS.
GetMYMD.com (GetMYMD), is an exclusive website helping you Finding
doctors, dentists and urgent care centers. GetMYMD provides users with access to a rich collection
of resources, including without limitation hundreds of doctors, dentists and urgent care centers listings,
through its network of properties which may be accessed through any various medium
or device.
While we hope to provide you with useful information and assistance,
we do not provide medical advice, diagnosis, or treatment; legal, financial, or
professional advice; or specific advice regarding which service providers you should
use. Any decisions that you need to make about the care of a loved one
should be made after engaging and consulting with a professional licensed service
provider based upon your specific needs or conducting your own careful review and
investigation.
ACCEPTANCE OF TERMS
These Terms of Use ("Terms") are a legal agreement between you and GetMYMD.COM
(“GetMYMD ") and govern your use of our Website either as a visitor, content
contributor or as a registered user. Use of, posting of information to and access
to our website is subject to your compliance with these Terms, so please read them
carefully before using our Website. BY ACCESSING AND USING OUR WEBSITE IN ANY WAY,
YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND
CONDITIONS, DO NOT USE OR POST INFORMATION ON OUR WEBSITE IN ANY MANNER.
BY USING THE SITE, AND/OR BY REGISTERING WITH US, YOU SIGNIFY THAT YOU AGREE TO
THESE TERMS OF USE, including that you consent to the information practices disclosed
in our Privacy Policy, which is incorporated herein by reference, and that you consent
to resolve in the State of Arizona, USA or in the State of Hyderabad, India any
dispute that you may have with us, or the Site. Please note that we offer the GetMYMD.COM
site and mobile applications "AS IS" and without warranties. If you are registering
an account or using the site on behalf of an individual or entity other than yourself,
you represent that you are authorized by such individual or entity to accept these
Terms of Use on such individual's or entity's behalf.
You also understand and agree that the GetMYMD Services may include advertisements
and that these advertisements are necessary for GetMYMD to provide the Services.
You also understand and agree that these may include certain communications from
GetMYMD , such as service announcements, administrative messages and the
GetMYMD Newsletter, and that these communications are considered part of
GetMYMD membership 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 Services, including the release of new GetMYMD properties, shall
be subject to the TOS. You understand and agree that the GetMYMD Services
is provided "AS-IS" and that GetMYMD assumes no responsibility for the timeliness,
deletion, mis-delivery or failure to store any user communications or personalization
settings.
GetMYMD may add to or change or update these Terms of Use, from time to time
entirely at its own discretion. You are responsible for checking these Terms of
Use periodically to remain in compliance with these terms. Your use of a Site after
any amendment to the Terms of Use shall constitute your acceptance of these terms
and you also agree to be bound by any such changes/revisions.
GetMYMD .com reserves the right to limit or terminate your access to our
Website or terminate or suspend your registration for failure to comply with the
terms and policies posted on our Website, or for any reason at any time. Please
also review our Privacy Policy, which explains how our Services treat your personal
data and protect your privacy when you use our Services
WE DO NOT PROVIDE MEDICAL ADVICE
The Information that you obtain or receive from GetMYMD , and its employees,
contractors, partners, sponsors, advertisers, licensors or otherwise on the Site
is for informational and scheduling purposes only. All medically related information
comes from independent health care professionals and organizations. If you submit
a medically related question to GetMYMD , answers are (i) provided by independent
health care professionals and organizations, (ii) for informational purposes only,
and (iii) do not establish any patient/doctor relationship.
THE INFORMATION PROVIDED ON THE SITE AND IN ANY OTHER COMMUNICATIONS FROM OR PROVIDED
THROUGH GetMYMD IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE,
PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID OR
DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTH CARE PROFESSIONAL BECAUSE
OF SOMETHING YOU MAY HAVE READ ON THE SITE. DO NOT USE THE SITE FOR EMERGENCY MEDICAL
NEEDS. YOUR USE OF INFORMATION PROVIDED ON THE SITE IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED
TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF
MEDICAL CARE.
We do not recommend or endorse any specific tests, doctors, dentists, health care
providers, procedures, opinions, senior care providers, care agencies or other information
that may appear on the Site. If you rely on any of the Information provided by the
Site, you do so solely at your own risk.
NO DOCTOR-PATIENT RELATIONSHIP
NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED BY USING INFORMATION
PROVIDED BY OR THROUGH THE USE OF THE SITE OR THROUGH ANY OTHER COMMUNICATIONS FROM
GetMYMD INCLUDING, BUT NOT LIMITED TO, THE “FIND A PROVIDER” AND/OR THE “GetMYMD
Q&A” FEATURES, LINKS TO OTHER SITES OR ANY ASSISTANCE WE MAY PROVIDE TO HELP YOU
FIND AN APPROPRIATE MEDICAL PROFESSIONAL OR SPECIALIST IN ANY FIELD.
WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED,
WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER
INFORMATION HEREIN. FURTHERMORE, WE DO NOT IN ANY WAY ENDORSE ANY INDIVIDUAL DESCRIBED
HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE
OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION.
We have no control over, and cannot guarantee the availability of any Provider at
any particular time. We will not be liable for cancelled or otherwise unfulfilled
appointments or any injury resulting there from, or for any other injury resulting
from the use of the Site or Services whatsoever.
PRACTITIONER INFORMATION: Provider and practice information found on the Site is
intended for general reference purposes only. Provider information found on the
Site is both self-reported, by the Provider and/or office staff, and collected from
multiple other data sources that may not be confirmed by the Provider. Such information
often changes frequently and may become out of date or inaccurate. Neither the Site
nor GetMYMD provides any advice or qualification certification about any
particular Provider. Our relationship with Providers in a particular area is based
on criteria we establish. You are encouraged to independently verify any such information.
PROCEDURES/PRODUCTS/SERVICES: The procedures, products, services and devices discussed
and/or advertised within the Site are not applicable to all individuals, patients
or all clinical situations. We make no claims as to the effectiveness of any such
procedures, products, services or devices. Any products and/or services represented
on the Site by advertisers, sponsors, and other Site participants, either paid or
unpaid, are presented for your awareness and do not necessarily imply appropriateness
for any particular individual or prediction of effectiveness, outcome or success.
You are strongly advised to perform your own investigation prior to selecting a
health care professional by making confirming telephone calls to the appropriate
licensing authorities to verify listed credentials and education, and to further
verify information about a particular doctor, dentist or other health care provider
(“Provider”) by confirming with the Provider’s office, your current Provider, the
medical association relative to the Provider’s specialty and your state medical
board.
You are encouraged to independently confirm the Information contained herein with
other sources and to seek the advice of a qualified physician.
COPYRIGHT & TRADEMARKS
Unless otherwise stated, copyright and all intellectual property rights in all material
presented on the site (including but not limited to text, audio, video or graphical
images), trademarks and logos appearing on this site are the property of GetMYMD
.com, its parent, affiliates and associates and are protected under applicable Indian
laws. You agree not to use any framing techniques to enclose any trademark or logo
or other proprietary information of GetMYMD ; or remove, conceal or obliterate
any copyright or other proprietary notice or any credit-line or date-line on other
mark or source identifier included on the Site / Service, including without limitation,
the size, color, location or style of all proprietary marks. Any infringement shall
be vigorously defended and pursued to the fullest extent permitted by law.
GetMYMD is not liable for any infringement of copyright arising out of materials
posted on or transmitted through the site, or items advertised on the site, by end
users or any other third parties. In the event you have any grievance in relation
to any Content uploaded on the Site, you may contact our Grievance Officer, at info@GetMYMD
.com or write at the following address:
WISHESH DIGITAL MEDIA Pvt. Ltd.
ATTN: GetMYMD.COM
26, Nagarjuna Hills
Hyderabad, A.P.
India – 500 006
We request you to please provide the following information in your complaint:-
(a) A physical or electronic signature of a person authorized to act on behalf of
the copyright owner for the purposes of the complaint. (b) Identification of the
copyrighted work claimed to have been infringed. (c) Identification of the material
on our website that is claimed to be infringing or to be the subject of infringing
activity. (d) The address, telephone number or e-mail address of the complaining
party. (e)A statement that the complaining party has a good-faith belief that use
of the material in the manner complained of is not authorized by the copyright owner,
its agent or the law. (f) A statement, under penalty of perjury, that the information
in the notice of copyright infringement is accurate, and that the complaining party
is authorized to act on behalf of the owner of the right that is allegedly infringed.
Copyright NOTICE
Copyright ©2014 GetMYMD.COM All rights reserved.
This disclaimer/terms of service notification is subject to change without notice.
USER CONDUCT
In connection with using the Site and the Services to locate and schedule appointments
with medical professionals, you understand that:
YOU ARE ULTIMATELY RESPONSIBLE FOR CHOOSING YOUR OWN PROVIDER.
GetMYMD selects Providers to be listed on the Site pursuant to a contractual
agreement with the Providers. GetMYMD will provide you with lists and/or
profile previews of Providers who may be suitable to deliver the health care that
you are seeking based on search criteria / information that you provide to GetMYMD
(such as insurance information, proximity to your geographical location, and specialty
of the Provider).
GetMYMD :
(i) does not recommend or endorse any urgent care center,
(ii) does not make any representations or warranties with respect to these Providers
or the quality of the healthcare services they may provide, and
(iii) does not receive any additional fees from Providers for featuring them through
the Services.
GetMYMD uses reasonable efforts to ensure that Providers only participate
in the Services if they hold active medical licenses and all certifications necessary
to practice any specialty of the services offered by them to patients, and who remain
qualified to participate in the Medicare and Medicaid programs. GetMYMD may
also exclude Providers who, in GetMYMD ’s discretion, have engaged in inappropriate
or unprofessional conduct.
If you elect to enter information into a medical history form ("Medical History
Form") on behalf of yourself or a third party from whom you have authorization to
provide such information, on your request you authorize us to provide such information
to the specified Provider. You acknowledge and agree that such information will
be reviewed and approved by you or someone authorized on your behalf at the time
of your appointment to ensure its accuracy. You also acknowledge that GetMYMD
may use the data or information you provide on a Medical History Form in accordance
with its Privacy Policy.
You understand that all information, data, text, software, music, sound, photographs,
graphics, video, messages, tags, or other materials ("Content"), whether publicly
posted or privately transmitted, are the sole responsibility of the person from
whom such Content originated. This means that you, and not GetMYMD, are entirely
responsible for all Content that you upload, post, email, transmit or otherwise
make available via the GetMYMD Services. GetMYMD does not control
the Content posted via the GetMYMD Services and, as such, does not guarantee
the accuracy, integrity or quality of such Content. You understand that by using
the GetMYMD Services, you may be exposed to Content that is offensive, indecent
or objectionable. Under no circumstances will GetMYMD be liable in any way
for any Content, including, but not limited to, any errors or omissions in any Content,
or any loss or damage of any kind incurred as a result of the use of any Content
posted, emailed, transmitted or otherwise made available via the GetMYMD
Services.
You agree to not use the GetMYMD Sites and Services to:
1. upload, post, email, transmit or otherwise make available any Content that is
unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar,
obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically
or otherwise objectionable;
2. harm minors in any way;
3. impersonate any person or entity, including, but not limited to, a GetMYMD
official, forum leader, guide or host, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
4. forge headers or otherwise manipulate identifiers in order to disguise the origin
of any Content transmitted through the GetMYMD Service;
5. upload, post, email, transmit or otherwise make available any Content that you
do not have a right to make available under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential information
learned or disclosed as part of employment relationships or under nondisclosure
agreements);
6. upload, post, email, transmit or otherwise make available any Content that infringes
any patent, trademark, trade secret, copyright or other proprietary rights ("Rights")
of any party;
7. upload, post, email, transmit or otherwise make available any unsolicited or
unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation, except in those areas (such
as shopping) that are designated for such purpose (please read our complete Spam
Policy);
8. upload, post, email, transmit or otherwise make available 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 hardware or telecommunications
equipment;
9. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other
users of the GetMYMD Services are able to type, or otherwise act in a manner
that negatively affects other users' ability to engage in real time exchanges;
10. interfere with or disrupt the GetMYMD Services or servers or networks
connected to the GetMYMD Services, or disobey any requirements, procedures,
policies or regulations of networks connected to the GetMYMD Services, including
using any device, software or routine to bypass our robot exclusion headers;
11. intentionally or unintentionally violate any applicable local, state, national
or international law, and any regulations having the force of law;
12. provide material support or resources (or to conceal or disguise the nature,
location, source, or ownership of material support or resources) to any organization(s)
designated by the United States government as a foreign terrorist organization pursuant
to section 219 of the Immigration and Nationality Act;
13. "stalk" or otherwise harass another; and/or
14. collect or store personal data about other users in connection with the prohibited
conduct and activities set forth in paragraphs a through m above.
15. SPAM: You may not use contact information provided by our users or collaborating
Providers, or harvest such information for the purpose of sending, or to facilitate
the sending, of unsolicited bulk communications such as SPAM.
16. You may not allow others to use your account to violate the terms of this section.
We may terminate your membership or access to the Site immediately and take other
legal action if you or anyone using your Credentials violates these provisions.
You acknowledge that GetMYMD may or may not pre-screen Content, but that
GetMYMD and its designees shall have the right (but not the obligation) in
their sole discretion to pre-screen, refuse, or remove any Content that is available
via our portals and Services. Without limiting the foregoing, GetMYMD and
its designees shall have the right to remove any Content that violates the TOS or
is otherwise objectionable. You agree that you must evaluate, and bear all risks
associated with, the use of any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content. In this regard, you acknowledge that
you may not rely on any Content created by GetMYMD or submitted to GetMYMD,
including without limitation information in GetMYMD Message Boards and in
all other parts of the GetMYMD Portals, mobile sites, mobile applications
and Services.
You acknowledge, consent and agree that GetMYMD may access, preserve and
disclose your account information and Content if required to do so by law or in
a good faith belief that such access preservation or disclosure is reasonably necessary
to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims
that any Content violates the rights of third parties; (iv) respond to your requests
for customer service; or (v) protect the rights, property or personal safety of
GetMYMD, its users and the public.
You understand that the GetMYMD Services and software embodied within the
GetMYMD Portals and Services may include security components that permit
digital materials to be protected, and that use of these materials is subject to
usage rules set GetMYMD and/or content providers who provide content. You
may not attempt to override or circumvent any of the usage rules embedded and any
unauthorized reproduction, publication, further distribution or public exhibition
of the materials provided on the GetMYMD Portals and Services, in whole or
in part, is strictly prohibited.
CHARGES
GetMYMD reserves the right to charge subscription and / or membership fees
from a user, by giving reasonable prior notice, in respect of any product, service
or any other aspect of this Site.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of,
advertisers found on or through the GetMYMD Services, including payment and
delivery of related goods or services, and any other terms, conditions, warranties
or representations associated with such dealings, are solely between you and such
advertiser. You agree that GetMYMD shall not be responsible or liable for
any loss or damage of any sort incurred as the result of any such dealings or as
the result of the presence of such advertisers on the GetMYMD Services.
LINKS
The GetMYMD Services may provide, or third parties may provide, links to
other World Wide Web sites or resources. You acknowledge and agree that GetMYMD
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 GetMYMD 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.
LIMITED PERMISSION TO COPY
GetMYMD grants you permission to only access and make personal use of the
Site and You agree not to, directly or indirectly download or modify / alter / change
/ amend / vary / transform / revise / translate / copy / publish / distribute or
otherwise disseminate any content on GetMYMD’s Site / Service, or any portion
of it; or delete or fail to display any promotional taglines included in the Site
/ Service either directly or indirectly, except with the express consent of GetMYMD
/WISHESH DIGITAL MEDA. However, you may print or download extracts from these pages
for your personal / individual, non-commercial use only. You must not retain any
copies of these pages saved to disk or to any other storage medium except for the
purposes of using the same for subsequent viewing purposes or to print extracts
for personal / individual use.
GetMYMD forbids you from any attempts to resell or put to commercial use
any part of the Site; any collection and use of any product listings, descriptions,
or prices; any derivative use of the Site or its contents; any downloading or copying
of account information for the benefit of any other merchant; any renting, leasing,
or otherwise transferring rights to the Site / Service; displaying the name, logo,
trademark or other identifier of another person (except for GetMYMD.com or
WisheshDigitalMedia or you) in such a manner as to give the viewer the impression
that such other person is a publisher or distributor of the Service on the Site,
or any data gathering or extraction tools; or any use of meta tags. You may not
(whether directly or through the use of any software program) create a database
in electronic or structured manual form by regularly or systematically downloading
and storing all or any part of the pages from this site.
No part of the Site may be reproduced or transmitted to or stored in any other web
site, nor may any of its pages or part thereof be disseminated in any electronic
or non-electronic form, nor included in any public or private electronic retrieval
system or service without prior written permission. Requests to republish GetMYMD’s
material for distribution should be addressed to GetMYMD Digital Syndication
Services at E-Mail - info@GetMYMD.com
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL GetMYMD OR ANY
OF OUR SUBSIDIARIES OR AFFILIATES, OR OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, REPRESENTATIVES, PARTNERS AND LICENSORS (COLLECTIVELY, THE “GetMYMD
ENTITIES”) BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR EXEMPLARY DAMAGES,
INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOSS OF USE, LOSS OF
GOODWILL OR LOSS OF INFORMATION, HOWEVER CAUSED AND WHETHER BASED ON CONTRACT, WARRANTY,
NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, EVEN IF WE HAVE
BEEN APPRISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. NOTWITHSTANDING
ANYTHING IN THESE TERMS TO THE CONTRARY, OUR AGGREGATE LIABILITY IN RESPECT OF ANY
CLAIM OR ACTION YOU MAY BRING AGAINST US OR ANY OF THE GetMYMD ENTITIES,
REGARDLESS OF FORM OF ACTION OR THEORY OF LIABILITY, SHALL BE LIMITED TO THE GREATER
OF (1) ONE HUNDRED UNITED STATES DOLLARS (USD/$100), AND (2) THE AGGREGATE FEES
ACTUALLY PAID BY YOU TO US FOR THE SIX (6) MONTH PERIOD PRECEDING THE EVENT FIRST
GIVING RISE TO SUCH CLAIM OR ACTION. YOU ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS
WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO
WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE CIVIL CODE OR
SIMILAR PROVISIONS OF THE LAWS OF UNITED STATES.
IN THE CASE OF A JURISDICTION THAT RESTRICTS LIMITATION CLAUSES, THIS LIMITATION
SHALL BE APPLIED TO THE GREATEST EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS
OF USE IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE THAT MAY NOT BE LAWFULLY TERMINATED.
Any transactions relating to sale/purchase of goods or services not directly offered
by GetMYMD are to be settled inter-se between the parties to such transaction
and all warranties express or implied of any kind, regarding any matter pertaining
thereto, including without limitation the implied warranties of merchantability,
fitness for a particular purpose, and non-infringement are disclaimed by GetMYMD.
GetMYMD merely endeavors to provide a platform where you and other party
may interact, exchange information or carry out sale/purchase transactions on such
terms and in the manner mutually agreed between you and the other party. GetMYMD
does not have any involvement in the actual transactions between the buyers and
sellers in any way. It is only you, who is entirely responsible for all the activities,
arising out of the transactions of sale/purchase of goods or services offered by
any other party and not GetMYMD. GetMYMD will not be liable for any
loss that you may incur, while selling or purchasing goods /services of the third
party.
Under No circumstances will GetMYMD be held responsible or liable, in any
way, for any content which in Legal opinion is derogatory, threatening, defamatory,
obscene or offensive or offends public sensibilities or morals and shall also not
assume liability for any errors or omissions in any content, or for any loss or
damage of any kind incurred as a result of the use of any content posted or uploaded
on the Site, or any infringement of another's rights, including intellectual property
rights. You specifically agree that GetMYMD is not responsible for any content
sent using and/or included in GetMYMD’s site/service by any third party.
INDEMNITY
You agree to indemnify and hold GetMYMD and its subsidiaries, affiliates,
officers, agents, employees, partners and licensors 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, modify or otherwise make available through
the GetMYMD Services, your use of the GetMYMD Services, your connection
to the GetMYMD Services, your violation of the TOS, or your violation of
any rights of another.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF GetMYMD SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. GetMYMD
SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GetMYMD
AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS
HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. WE
DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR WITHOUT BREACHES
OF SECURITY AND YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR
OMISSIONS TAKEN OR MADE IN RELIANCE ON OUR SERVICES OR THE INFORMATION IN OUR SERVICES,
INCLUDING INACCURATE OR INCOMPLETE INFORMATION. WE EXPRESSLY DISCLAIM ANY LIABILITY
WITH RESPECT TO ANY INJURY CAUSED BY ANY USER, OR ANY DAMAGE SUFFERED BY ANY USER,
AS A RESULT OF THE ACTIONS OR INACTIONS OF ANY OTHER USER. IF YOU ARE DISSATISFIED
WITH OUR SERVICES OR ANY CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING AND ACCESSING OUR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF IMPLIED WARRANTIES, SO IN THESE JURISDICTIONS THE ABOVE LIMITATIONS
OR EXCLUSIONS MAY NOT APPLY TO THE USER.
GetMYMD AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS
AND LICENSORS MAKE NO WARRANTY THAT (i) THE GetMYMD SERVICES OR SOFTWARE
WILL MEET YOUR REQUIREMENTS; (ii) THE GetMYMD SERVICES OR SOFTWARE WILL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE GetMYMD SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE;
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE GetMYMD SERVICES OR SOFTWARE 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 GetMYMD
SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE
SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION
WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR
DISPLAY DEVICE, 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 GetMYMD
OR THROUGH OR FROM THE GetMYMD SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE TOS.
GetMYMD and its EMPLOYEES, affiliates and associates shall not be liable,
at any time for any, direct, indirect, punitive, incidental, special, consequential,
damages (including, without limitation, damages for loss of business projects, damage
to your computer system or damages for loss of profits, damages for loss of use,
data or profits, arising out of or in any way connected with the use or performance
of theGetMYMD’s sites/services, with the delay or inability to use theGetMYMDDIGITAL
MEIDA’s sites/services or related services, the provision of or failure to provide
services, or for any information, software, products, services and related graphics
obtained through the WISHEHS sites/services, or otherwise arising out of the use
of theGetMYMDDIGITAL MEIDA sites/services) arising in contract, tort or otherwise
from the use of or inability to use the Site, or any of its contents, or from any
act or omissions a result of using the Site or any such contents or for any failure
of performance, error, omission, interruption, deletion, defect, delay in operation
or transmission, computer virus, communications line failure, theft or destruction
or unauthorised access to, alteration of, or use of information contained on the
site. No representations, warranties or guarantees whatsoever are made by GetMYMD
as to the (a) accuracy, adequacy, reliability, completeness, suitability or applicability
of the information to a particular situation; (b) that the service will be uninterrupted,
timely, secure, or error-free; (c) the quality of any products, services, content,
information, or other material purchased or obtained from the website will meet
your expectations or requirements; or (d) any errors in the website will be corrected
WITHOUT LIMITING ANY OF THE OTHER RISKS WE HAVE DISCLOSED TO YOU IN THESE TERMS,
YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF OUR SERVICES, INCLUDING ANY CONTENT YOU
SUBMIT TO USE AND YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE AND ACCESS TO
OUR SERVICES AND THE INFORMATION AND CONTENT CONTAINED THEREIN, AND ANY SITES LINKED
THROUGH OUR SERVICES AND ANY DATA TRANSMITTED THROUGH OUR SERVICES IS AT YOUR SOLE
RISK. ACCORDINGLY, WE DO NOT ASSUME ANY LIABILITY TO YOU FOR OR RELATING TO ANY
OF YOUR ACTIONS, INCLUDING THE PUBLICATION OF ANY CONTENT YOU SUBMIT OR OUR EXERCISE
OF THE RIGHTS YOU GRANT TO US WITH RESPECT THERETO.
SPECIAL ADMONITION FOR GetMYMD PORTALS RELATING TO FINANCIAL MATTERS
The WISHEHS Services is provided for informational purposes only, and no Content
included in the GetMYMD Portals and Services is intended for trading or investing
purposes. WISHEHS DIGITAL MEIDA and its advertisers shall not be responsible or
liable for the accuracy, usefulness or availability of any information transmitted
or made available via WISEHSH Portals, and shall not be responsible or liable for
any trading or investment decisions based on such information.
NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall
be no third-party beneficiaries to this agreement.
Relationship
None of the provisions of the User Agreement shall be deemed to constitute a partnership
or agency between you and GetMYMD and you shall have no authority to bind
GetMYMD in any manner, whatsoever.
Force Majeure
GetMYMD shall have no liability to you for any interruption or delay, to
access the Site irrespective of the cause.
GOVERNING LAW
The Agreement shall be governed by the Laws of State of Arizona. The Courts of law
at Phoenix, AZ shall have exclusive jurisdiction over any disputes arising under
this agreement.
Entire Agreement
These Terms of Service constitute the entire agreement between the parties with
respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous
understandings or agreements, written or oral, regarding such subject matter.
Limited time to bring your claim
You and GetMYMD agree that any cause of action arising out of or related
to the GetMYMD’s web sites, only, must commence within one (1) year after
the cause of action accrues otherwise, such cause of action will be permanently
barred.
Acceptance of Privacy Policy
By using GetMYMD’s sites and services, you signify your acceptance of this
Privacy Statement. If you do not agree or are not comfortable with any policy described
in this Privacy statement, your only remedy is to discontinue use of GetMYMD
site(s). We reserve the right, to modify this Privacy Statement at any time.
Assignment
We may freely assign these Terms in connection with a merger, acquisition, or sale
of assets, or by operation of law or otherwise. You may not assign, transfer or
sublicense these Terms of Use to anyone else and any attempt to do so in violation
of this section shall be null and void.
Eligibility
You must be 18 years of age or over, or the legal age to form a binding contract
in your jurisdiction if that age is greater than 18 years of age, to register with
us or use the Site and the Services. If you are between the ages of 13 and 18 or
the applicable legal age in your jurisdiction, you can use the Site or Services
only in conjunction with, and under the supervision of, your parent or guardian
who has agreed to the Terms of Use. If you are under the age of 13, you may not
use the Site or Services, in compliance with the Children's Online Privacy Protection
Act. If you are the parent or legal guardian of a child under the age of 18, you
may use the Site or Services on behalf of such minor child. By using the Site or
Services on behalf of a minor child, you represent and warrant that you are the
parent or legal guardian of such child and that all references in these Terms of
Use to “you” shall refer to such child or such other individual for whom you have
authorization to enter into these Terms of Use on their behalf, and you in your
capacity as the parent or legal guardian of such child or as the authorized party
of such individual. If you do not qualify under these terms, do not use the Site
or Services.
Electronic Contracting
Your use of our Services includes the ability to enter into agreements and/or to
make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS
CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS AND TRANSACTIONS.
YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS
RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THE SERVICES, INCLUDING NOTICES OF
CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
General Terms
Rights and obligations under the Terms which by their nature should survive will
remain in full effect after termination or expiration of the Terms.
Any express waiver or failure to exercise promptly any right under the Terms will
not create a continuing waiver or any expectation of non-enforcement.
If any provision of the Terms is held invalid by any law or regulation of any government,
or by any court or arbitrator, the parties agree that such provision will be replaced
with a new provision that accomplishes the original business purpose, and the other
provisions of the Terms will remain in full force and effect.