IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT AND USING OUR WEBSITE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OR OTHERWISE USE OUR WEBSITE.
Arbitration and Class Action Waiver
Please read this section carefully, as it affects rights that you may otherwise have and provides for resolution of disputes through arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and has limited discovery. Arbitration is also final and binding and subject to only very limited review by a court. This will preclude you from bringing any class, collective, or representative action against MDVIP, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against MDVIP by someone else.
THE PARTIES FULLY UNDERSTAND THAT THEY ARE INTENTIONALLY AND VOLUNTARILY WAIVING THEIR RIGHTS TO (1) GO TO COURT; (2) HAVE A TRIAL BY JURY; AND (3) PARTICIPATE IN A CLASS ACTION. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce, and the Federal Arbitration Act shall govern this agreement to arbitrate. The neutral arbitrator has the authority to award whatever relief would be available in court under law or in equity. In the event of Arbitration, MDVIP will pay all costs related to the Arbitration; however, each party will pay its own attorneys’ fees, if any. This agreement to arbitrate shall survive termination of any agreement, relationship, or interaction with MDVIP.
ACCESS AND USE
MDVIP grants you a personal, non-exclusive, non-transferable, limited license to use the Site and to view or access the Services available on the Site solely for your personal or internal use and subject to the condition that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to the Site, the Services, or any other Content available via the Site (including any website or mobile Applications contained therein). You further agree not to modify the Site, or any part thereof, in any form or manner, nor to use any modified versions of the Site or the Services, for any reason whatsoever, without the express written consent of MDVIP. You may not attempt to gain any unauthorized access to the Site or any of its associated Content, including computer Sites, software, or networks. No commercial use or redistribution of any Content, materials, or information contained on or offered through the Site or the Services is permitted, unless expressly specified in a prior agreement between you and MDVIP.
NO UNLAWFUL OR PROHIBITED USE
Any use or attempted use of the Site (i) for any unlawful, unauthorized, fraudulent or malicious purpose; (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server; (iii) that could interfere with any other party's use and enjoyment of the Site; (iv) to gain unauthorized access to any other accounts, computer Sites or networks connected to any server or Sites through hacking, password mining or any other means; (v) to access Sites, data or information not intended by MDVIP to be made accessible to a user; (vi) to attempt to obtain any materials or information through any means not intentionally made available by us; or (vii) for any use other than the purpose for which it was intended, is prohibited.
In addition, in connection with your use of the Site, you agree you will not:
- Upload or transmit any message, information, data, text, software or images, or other Content that is unlawful, immoral, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another's right of privacy or publicity;
- Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any MDVIP representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
- Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
- Use any of the Site's communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
- Upload or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation, commercial or otherwise;
- Violate any applicable local, state, national or international law;
- Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
- Delete or revise any material posted by any other person or entity;
- Probe, scan, test the vulnerability of or breach the authentication measures of, the Site or any related networks or Sites;
- Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any products or services if you are not expressly authorized by such party to do so;
- Harvest or otherwise collect information about others, including e-mail addresses; or
- Use any robot, spider, scraper, or other automated or manual means to access the Site, or copy any Content or information on the Site.
MDVIP reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a user's access. MDVIP may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. MDVIP reserves the right at all times to disclose any information as MDVIP deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in MDVIP’s sole discretion. You also agree to reimburse MDVIP for any damage, loss, cost or expense MDVIP incurs (including fees or costs of attorneys, accountants, professional advisors, and other experts incurred in connection with the defense or settlement of the foregoing) because of your use of the Site for any unlawful or prohibited purpose.
Any information, communications, or material of any type or nature that you submit to the Site (or to any of our pages on a social media platform or other website) by e-mail, posting, messaging, uploading, downloading, or otherwise (collectively, a “Submission”) is done at your own risk and without any expectation of privacy. MDVIP does not own any Submissions provided via the Site. However, by inputting/submitting such Submissions you are granting MDVIP a nonexclusive, irrevocable, worldwide, sublicenseable, transferable, perpetual, unlimited, assignable, fully paid up and royalty-free right to copy, publish, prepare derivative works of, distribute, process, analyze, use and commercialize, in any way now known or in the future discovered, such Submissions (or any Content or materials contained therein). All Submissions inputted/submitted by you is at your own risk and you hereby represent and warrant that you have the full legal right to so use such Submissions and to permit MDVIP’s use of such Submissions, and that they, and any Content or material contained therein, are not confidential or proprietary to any third party, nor are you using it in violation of any law or contractual restriction.
ACCOUNTS, PASSWORDS, AND SECURITY
Certain features or services offered on or through the Site may require you to open an account (including establishing a login ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your login ID and password, and for any and all activity that occurs under your account or login ID. Please keep in mind that we will treat anyone who uses your user name and password as “you.” We will provide this user with all of the rights and privileges that we provide to you, and we will hold you responsible for the activities of a person using your password. You agree to notify MDVIP immediately upon learning of any unauthorized use of your account, login ID, or password or any other breach of security. However, you may be held liable for losses incurred by MDVIP or any other user of or visitor to the Website due to another person using your account, login ID, or password.
You may not use any other user’s account, login ID, or password at any time without the express permission and consent of the holder of that account, login ID, or password. MDVIP cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
PAYMENTS OR TRANSFERRING FUNDS TO YOUR ACCOUNT
By using any payment or funds transfer service available through the Site, you warrant that you are an authorized signer on the account from which the funds are being drawn to make such payment or transfer.
CHANGE OF ADDRESS
If you notify us of a change of address, that change will take place within 10 business days from our receipt of the request.
MDVIP respects the intellectual property rights of others and expects you to do the same. We have expended substantial time, effort and funds to create the Site and to collect and provide the features, materials, opportunities, and services that are available on or through the Site. You understand and agree that MDVIP owns, or (where required, appropriate, or applicable) has been licensed by third parties to use, all right, title, and interest in and to the Site and the features, materials, opportunities, and services made available on or through the Site, and all information, text, data, computer code, music, artwork, databases, graphics, images, sound recordings, audio and visual clips, logos, software, and other materials contained therein, and the compilation, collection, design, selection, and arrangement thereof (collectively, the “Content”) as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content. You acknowledge that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest by accessing and using the Site and the Content. Such intellectual property and proprietary rights may include, but are not limited to, various patents, copyrights, trademarks and service marks, registered trademarks and service marks, trade dress protection, and trade secrets, and all such rights are and shall remain the property of MDVIP or its licensors and content-providers. For the avoidance of doubt, “Content” does not include any Third-Party Materials (as defined below) or any features, opportunities, or services made available through the Linked Websites.
The posting of information or other materials or Content on the Site by MDVIP does not constitute a waiver of any proprietary right in such information, materials, or Content (such as, but not limited to, copyright, patent, trademark, or other intellectual property rights) and does not transfer any rights to a user of the Site or to any other third party, except as expressly provided herein.
DISCLAIMER OF WARRANTIES
MDVIP does not promise, covenant, represent, warrant, or guarantee that you or any other user of the Site will obtain any particular or tangible result or goal through the use of the Site, or obtain any other product or service in connection with use of the Site. It is solely your responsibility to take appropriate precautions to ensure that any information, materials, software, or data that you submit to or through the Site or MDVIP, or that you access, use, download, or otherwise obtain on or through the Site or MDVIP, are: (a) up-to-date, accurate, complete, reliable, truthful, and suitable to and appropriate for the purpose for which they are intended; and (b) free of viruses and other disabling devices and destructive routines.
YOU UNDERSTAND AND ACKNOWLEDGE THAT THE PHYSICIANS LISTED ON THE WEBSITE (“AFFILIATED PHYSICIAN”) ARE INDEPENDENTS CONTRACTORS AND ARE NOT THE AGENTS, SERVANTS OR EMPLOYEES OF MDVIP. YOU FURTHER AGREE AND UNDERSTAND THAT MDVIP DOES NOT PROVIDE, SUPERVISE OR CONTROL THE CARE THAT YOU RECEIVE FROM AN AFFILIATED PHYSICIAN. RATHER, YOUR CARE IS FURNISHED AND DIRECTED SOLELY BY THE AFFILIATED PHYSICIAN WHO EXERCISES HIS/HER OWN MEDICAL JUDGMENT IN HIS/HER PRACTICE OF MEDICINE. MDVIP IS NOT RESPONSIBLE FOR THE JUDGMENT OR CONDUCT OF ANY AFFILIATED PHYSICIAN WHO RENDERS SERVICES AND/OR CARE TO YOU. MDVIP MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY, QUALIFICATIONS, OR EXPERIENCE OF THE AFFILIATED PHYSICIAN OR THE SERVICES AND/OR CARE HE/SHE PROVIDES. MDVIP MAKES NO REPRESENTATIONS, PROMISES, COVENANTS, WARRANTIES, OR GUARANTEES ABOUT THE QUALITY OF MEDICAL CARE OFFERED BY PHYSICIANS LISTED ON THE WEBSITE. MDVIP IS NOT RESPONSIBLE FOR ANY STATEMENTS, REPRESENTATIONS, PROMISES, COVENANTS, WARRANTIES, OR GUARANTEES THAT MAY BE MADE OR SUGGESTED BY ANY AFFILIATED PHYSICIAN.
THE INFORMATION, SOFTWARE, CONTENT, SERVICES, OR MATERIALS AVAILABLE FROM OR PROVIDED ON THE SITE OR VIA THE SERVICES, IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OR GUARANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF MDVIP, LLC SERVICES OR SOFTWARE SHALL BE ACCESSED AT YOUR SOLE DISCRETION AND SOLE RISK.
NO MEDICAL ADVICE. THE CONTENT ON THE WEBSITE AND ANY SOFTWARE AVAILABLE THROUGH THE WEBSITE IS PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED AS, NOR SHOULD IT BE CONSIDERED A SUBSTITUTE FOR, PROFESSIONAL MEDICAL ADVICE. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE AND CONTENT CONTAINED THEREON IS VOLUNTARY. MDVIP MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO INFORMATION CONTAINED ON THE WEBSITE AND MDVIP SHALL HAVE NO LIABILITY WITH REGARD TO SAME. IF YOU HAVE OR SUSPECT YOU HAVE A MEDICAL PROBLEM OR INJURY, PROMPTLY CONTACT YOUR PROFESSIONAL HEALTHCARE PROVIDER.
LIMITATION OF LIABILITY
DESCRIPTIONS OF OR REFERENCES TO PRODUCTS, SERVICES, OR PUBLICATIONS ON THE SITE DO NOT IMPLY ENDORSEMENT OF THAT PRODUCT, SERVICE, OR PUBLICATION. MDVIP MAKES NO WARRANTY OF ANY KIND WITH RESPECT TO THE SUBJECT MATTER INCLUDED HEREIN OR THE PRODUCTS LISTED HEREIN. MDVIP SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESSED, IMPLIED, OR OTHERWISE. MDVIP MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY, QUALIFICATIONS, OR EXPERIENCE OF THE AFFILIATED PHYSICIAN OR THE SERVICES AND/OR CARE HE/SHE PROVIDES. MDVIP MAKES NO REPRESENTATIONS, PROMISES, COVENANTS, WARRANTIES, OR GUARANTEES ABOUT THE QUALITY OF MEDICAL CARE OFFERED BY PHYSICIANS LISTED ON THE WEBSITE.
THE VIEWS OF ANY POSTERS, REVIEWERS, COMMENTERS, MEMBERS, OR AFFILIATED PHYSICIANS, OR ANY OTHER PERSON LISTED OR INCLUDED ON THE WEBSITE, INCLUDING WITHOUT LIMITATION THOSE WHO PROVIDE PATIENT OR MEMBERS TESTIMONIALS OR PHYSICIAN STATEMENTS, ARE THEIR OWN VIEWS AND STATEMENTS, AND ARE NOT THE VIEWS AND STATEMENTS OF MDVIP. MDVIP HEREBY DISCLAIMS ALL SUCH STATEMENTS.
MDVIP reserves the right to do any of the following at any time without notice: (i) modify, suspend, or terminate operation of or access to the Site, or any portion of the Site, for any reason; (ii) modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (iii) interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, perform error correction, or make other changes.
The Site could include technical inaccuracies or typographical errors. MDVIP shall have no liability in connection with any such inaccuracies or errors, nor shall MDVIP have any obligation to identify and/or correct any such inaccuracies or errors.
All responsibility or liability for any damages caused by viruses, malware, disabling or malicious code contained within the electronic files or on the Site is disclaimed.
LINKS TO OTHER WEBSITES
For your convenience, certain hyperlinks may be provided on the Site that link to other websites which are not under the control of MDVIP (the “Linked Websites”). MDVIP does not endorse or sponsor any Linked Websites and is not responsible for the availability, accuracy, Content, or any other aspect of the Linked Websites. MDVIP disclaims all liability for such websites, for all access to and use thereof, and for use of the links to such websites. We also disclaim all liability, and make no representations or warranties, with respect to any products or services made available, sold, or provided to you by any third party. Your use of other websites and any purchases of products or services from such other websites are subject to the terms and conditions of such other websites. You agree that you will bring no suit or claim against MDVIP arising from or based upon any such use of other websites (including the Linked Websites). Hyperlinks to such Linked Websites on the Site do not imply that: (a) MDVIP is affiliated or associated with any Linked Website; (b) MDVIP is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in connection with or accessible through such links; or (c) any Linked Site is authorized to use any trademark, trade name, logo, or copyright symbol of MDVIP.
LINKS TO THE WEBSITE
Neither you nor any other website may link to the Website without the permission of MDVIP. In any event, without our express, prior, written permission, it is expressly prohibited to: (a) “deep link” to any page of the Website other than the home page of the Website; (b) “frame” the Website or any Content or otherwise cause the Website or any Content to appear in a window with any other material that does not constitute Content; (c) cause the hyperlink to the Website, or the Website or any Content, to be displayed in any way that is disparaging to MDVIP or any entity that is affiliated or associated with MDVIP; or (d) otherwise imply or state that any type of relationship or special arrangements exist with MDVIP and any other entity. You agree that you will promptly remove any hyperlink to the Website upon the written request of MDVIP. In no event will you use any logo or trademark of MDVIP as a hyperlink “button”, or in any other manner, without MDVIP’s express written consent.
DISCLAIMER OF THIRD PARTY INFORMATION
To the extent that any information, material, or functionality on the Site is provided by third party content-providers (“Third Party Materials”), MDVIP has no editorial control or responsibility over such Third-Party Materials. Therefore, any opinions, statements, products, services or other Third-Party Materials are those of the applicable third-party suppliers. MDVIP does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party (including any Submissions), or represent or warrant that your use of any Third Party Materials will not infringe rights of third parties not owned by or affiliated with MDVIP.
Contact for Alleged Copyright Infringement.
MDVIP respects the intellectual property rights of others and requires that its users do the same. If you believe that Content on the Website or other activity taking place on the Website constitutes infringement of a work protected by copyright (a "Work"), please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) (the “DMCA”) to respond to such concerns, as follows:
Your notice must comply with the DMCA. Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA.