Terms and Conditions of Use. PassportMD Website.

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The websites www.keepseniorshealthy.com, www.DoctorsonDemand.org, www.campmedic.com, www.cruisemedic.com, www.myreminderx.com and/or www.passportmd.com (collectively, the "Website" or the "Site") are provided to you by PassportMD, Inc. or its subsidiaries and/or affiliates ("PassportMD"). To assist you in using our Website, and to ensure a clear understanding of the relationship arising from your use of our Site and the services we offer through our Site, we have created these (i) Terms and Conditions of Use (the "Terms") and (ii) a Privacy Policy. Our Privacy Policy explains how we treat information you provide to us through the Site and through telephone or email communications, and our Terms govern your use of our Site. Our Terms and Privacy Policy apply to (i) casual visitors to our Site ("Site Visitors"), and (ii) medical professionals who use or Site ("Medical Professionals"), and (iii) our customers who purchase or use our products and services ("Customers").

PassportMD may revise and update these Terms at any time. Your continued usage of the Site will mean you accept those changes. The terms "you" and "your" refer to any Site Visitor, Medical Professional or Customer. The terms "we," "our," "us," and the "Company" refer to PassportMD.

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS OR USE THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT ACCESS OUR SITE.

1. YOUR AGREEMENT

These Terms govern your use of the Website. Please read these Terms carefully; they impose legal obligations on you and on PassportMD, and establish our legal relationship. By using the Company's services or accessing our Website, you are acknowledging that you have read and understood these Terms and agree to be legally bound by them.

In addition, if you affirmatively register as a Customer, you will be prompted to sign our customer agreement electronically, which incorporates these Terms by reference and which further confirms your agreement to be legally bound by these terms.

PassportMD, Inc. ("PassportMD") may revise and update these Terms and Conditions at any time. Your continued usage of the PassportMD website ("PassportMD Site," or the "Site,") will mean you accept those changes.

2. GRANT OF RIGHTS

  • The Information and content of the PassportMD site, such as text, copy, graphics, images and other information, is protected by copyright under both United States and foreign laws. Any use of the Information and the Content (defined in Section 5 below) not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. All rights not expressly granted herein are reserved to PassportMD and its licensors.
  • PassportMD authorizes you to view, save, print or download a reasonable number of copies of the material on the PassportMD Site solely for your personal, noncommercial use if you include the following copyright notice: "Copyright (c) 2007, PassportMD, Inc. All rights reserved" and other copyright and proprietary rights notices that are contained in the Content.
  • If you violate any of these Terms, your permission to use the Information and the Content on this site immediately terminates and you must immediately destroy any copies you have made of any portion of the Content.

3. PASSPORTMD OWNERSHIP; RESERVATION OF RIGHTS

All information, software, artwork, text, video, audio, pictures, logos, and other content on the Website or embodied in our online services, including all associated intellectual property rights, are the proprietary property of PassportMD and its licensors, and are protected by copyright and other intellectual property laws. PassportMD retains all rights with respect to the Website except those expressly granted to you in Section 2 above.

4. LINKS TO THIRD-PARTY SITES

  • PassportMD may provide links to third-party websites. PassportMD also may select certain sites as priority responses to search terms you enter and PassportMD may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. PassportMD does not recommend and does not endorse the content on any third-party websites. PassportMD is not responsible for the content of linked third-party sites, sites framed within the PassportMD Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. PassportMD does not endorse any product advertised on the PassportMD Site.
  • In addition to the third party contractor Websites that you may access as described above, for your convenience there are links to third party websites operated by companies that are not affiliated with the PassportMD Website and that do not have contracts to provide content or services through the PassportMD Website. These links may be found in advertisements, referenced within content, or placed beside the names or logos of sponsors. PassportMD does not disclose your Personal Identifiable Information to these third party websites. PassportMD does not endorse and is not responsible for the privacy practices of these sites. If you choose to link to one of these third party websites, you should review the privacy policy posted on this other website to understand how that third party website collects and uses your personally identifiable information.
  • Sponsors or advertisers on PassportMD may use their own cookies, web beacons or other online tracking technologies in the banner advertisements served on PassportMD and in emails, special promotions or newsletters we send you. Some advertisers use companies other than PassportMD to serve their ads and to monitor users' responses to ads, and these companies ("Ad Servers") may also collect non-personal information through the use of cookies or web beacons on our Website. In certain situations, information collection may be facilitated by momentarily directing your browser to the Website of an Ad Server or other third party acting on behalf of the sponsor, partner, or advertiser before re-directing your browser to its selected destination (e.g., back to PassportMD to show the ad, or to the advertiser's website); this re-direction process will not be apparent to you.
  • We do not control these third parties' use of cookies or web beacons, or how they manage the non-personal information they gather through them. However, we do require sponsors, advertisers and Ad Servers who collect cookie or web beacon information through our Website to agree that they will not collect any Personally Identifiable Information from our site without your consent.

5. MEDICAL ADVICE AND/OR MEDICATION REMINDER SERVICE (MY REMINDERX)

PASSPORTMD DOES NOT PROVIDE MEDICAL TREATMENT, MEDICAL CARE NOR MEDICAL ADVICE. NO PRODUCT OR SERVICE OBTAINED BY USING THIS SITE IS MEANT TO TAKE THE PLACE OF YOUR PHYSICIAN OR HEALTH CARE PROVIDER.

YOU MUST SEEK THE OPINION OF A PHYSICIAN FOR TREATMENT OR DIAGNOSES OF ANY MEDICAL PROBLEM, DO NOT RELY ON PASSPORTMD OR IT'S PRODUCTS FOR MEDICAL CARE OR MEDICAL DECISION MAKING. NEVER DELAY IN SEEKING MEDICAL ADVICE OR ATTENTION BECAUSE OF SOMETHING YOU HAVE READ ON THE PASSPORTMD SITE.

IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR AND 911 IMMEDIATELY!

DO NOT RELY PRIMARILY ON MY REMINDERX (MEDICATION PHONE REMINDER SERVICE) AS YOUR REMINDER TO TAKE YOUR MEDICATIONS OR TO REMIND FRIENDS AND FAMILY TO TAKE THEIR MEDICATIONS. MY REMINDERX IS MEANT ONLY TO BE A SECONDARY ADJUNCT TO ANY PRIMARY FORM OF REMINDER FOR MEDICATION COMPLIANCE. MY REMINDERX DOES NOT GIVE ANY ADVICE ON THE FOLLOWING: HOW TO TAKE MEDICATIONS, WHEN TO TAKE MEDICATIONS, MEDICATION INTERACTIONS OR CONTRAINDICATIONS, MEDICATION DOSAGE, MEDICATION INDICATION OR MEDICATION FREQUENCY.. ALL OF THIS INFORMATION SHOULD BE RECEIVED FROM A PHYSICIAN AND PHARMACIST. IF YOU HAVE A QUESTION REGARDING POTENTIAL ALLERGY TO A MEDICATION, CONTACT YOUR PHYSICIAN PRIOR TO TAKING THIS MEDICATION.

All of the contents of the PassportMD Site, such as text, graphics, images, information obtained from PassportMD's licensors, and other material contained on the PassportMD Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment or pharmacy compliance. It is your physician’s responsibility to verify the accuracy of all of the information contained on PassportMD or on any device stored with information from PassportMD before initiating any treatment or diagnostic tests. Do not rely on any information or services provided by PassportMD, or PassportMD employees, or found on any portable storage device that was loaded with information from the PassportMD site. To do so would be contrary to our recommendation and solely at your own risk.

6. LIABILITY

  • The use of the PassportMD Site and the Content is at your own risk.
  • PassportMD 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 PassportMD Site and/or the MyReminderx service.
  • The PassportMD Site and the content and functionality of applications are provided on an "as is" basis. PASSPORTMD, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND RELATED SERVICES IS AT YOUR SOLE RISK. Without limiting the foregoing, PassportMD, its licensors, and its suppliers make no representations or warranties about the following:

    i. The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through: the use of the PassportMD Site, or subsidiaries of PassportMD nor provided on or through products purchased through the PassportMD Storefront.

    ii. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the PassportMD Site.
  • In no event shall PassportMD, its subsidiaries, its licensors, its suppliers, or any third parties mentioned on the PassportMD Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use: the PassportMD Site, the MyReminderx application, Products purchased through the PassportMD Storefront or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not PassportMD is advised of the possibility of such damages. PassportMD shall be liable only to the extent of actual damages incurred by you, not to exceed the cost of one individual annual subscription. PassportMD is not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas of the Site ("Public Areas"). Any claims arising in connection with your use of the Site, or use of any product purchased through this site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

7. CODE OF CONDUCT

As a condition to your use of the Website, you agree to follow our Code of Conduct, set out below. Under this Code of Conduct, you will not:

  • Use the Website in a manner that could disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site.
  • Seek to obtain access to any materials or information through "hacking" or through other means we have not intentionally made available to you through the Website.
  • Submit material that is intentionally false, defamatory, unlawfully threatening, or unlawfully harassing.
  • Transmit materials through the Site that you know or should know contain viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.

8. REVOCATION OR SUSPENSION OF USE PRIVILEGES

We reserve the right at any time to terminate or suspend your access to some or all of the Website if you engage in activities that we conclude, in our discretion, breach our Code of Conduct.

9. YOUR COMMUNICATIONS WITH PASSPORTMD

  • You agree that you will not send or transmit to PassportMD by email, (including through the email addresses listed on the "Contact Us" link) any communication or content that infringes or violates any rights of any party. If you communicate any business information, idea, concept or invention to PassportMD by email, or if you post content to our Website, by electronic mail or otherwise, we will treat the content as non-confidential and nonproprietary to you.
  • If you make any communication to a public area of the website or if you submit any business information, idea, concept or invention to PassportMD by email, you automatically grant—or warrant that the owner of such content or intellectual property has expressly granted—PassportMD a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. PassportMD may sublicense its rights through multiple tiers of sublicenses. Without limiting the foregoing, you also authorize us to use, distribute, modify, and copy the content, without compensation to you and for so long as we deem warranted (collectively, "Use Rights"). Moreover, in posting this content to our Website, you warrant that you have sufficient authority and right to possess the information, and provide these Use Rights. Rest assured that these Use Rights do not apply to personally identifiable information you submit under our Privacy Policy, and our Privacy Policy strictly governs any such information. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the public areas or to PassportMD by email or through other means.

10. CONTENT SUBJECT MATTER

The Site may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, do not use our Site.

11. POLICY TOWARDS CHILDREN

We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract or be used by children under the age of 18.

12. INDEMNITY

You agree to defend, indemnify, and hold PassportMD, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

13. CONTACT FOR ALLEGED COPYRIGHT INFRINGEMENT

PassportMD respects the intellectual property rights of others and requires that its users do the same. If you believe that any content available on the Site or other activity taking place on the Site constitutes infringement of a work product protected by copyright (a "Work"), please notify our agent, designated under the Digital Millenium Copyright Act (17 U.S.C. §512) (the "DMCA") to respond to such concerns as follows: info@passportmd.com. Your notice must comply with the DMCA. Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA.

A parent or guardian, however, may use PassportMD to establish a personal health record and a PassportMD home page for a minor. The parent or guardian is solely responsible for providing supervision of the minor's use of PassportMD. The parent or guardian assumes full responsibility for ensuring that the registration information is kept secure and that the information submitted is accurate. The parent or guardian also assumes full responsibility for the interpretation and use of any information or suggestions provided through PassportMD for the minor.

14. ADDITIONAL TERMS FOR CERTAIN SERVICES OR SITES

We may offer certain PassportMD websites or services that are subject to additional or different terms and conditions. We will notify you if the site or service you are accessing is subject to terms and conditions that differ from these Terms, and you will have the opportunity to decline to participate in such sites or services, if you do not agree with the differing terms and conditions.

MEMBERSHIP TERM AND PRICING: With the exception of trial memberships and special offers, your membership term begins one year from the date of that you have signed this terms and condition form (“Enrolled”). Unless specified otherwise on the PassportMD site, each membership is automatically renewed following the initial term on a yearly basis until notice of cancellation is received by PassportMD.

15. GENERAL

  • PassportMD is based in Delray Beach, Florida, in the United States of America. Access to the Content may not be legal by certain persons or in certain countries. If you access the PassportMD Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
  • The following sections or provisions survive the expiration or termination of this Agreement for any reason whatsoever: Sections 3, 5, 6, 9, 12, 15 and 16.
  • PassportMD may assign it's rights and obligations pursuant to these Terms without prior notice to or consent from you. You, however, may not assign your membership to this subscription service, nor may you assign your rights or obligations pursuant to the terms and conditions of this agreement.
  • The headings in these Terms are for convenience and reference only. The headings contained in these Terms and Conditions are for convenience and reference only, and shall not limit or otherwise affect in any way the meaning or interpretation of these terms and conditions.
  • You expressly agree that exclusive jurisdiction for any dispute with PassportMD, or in any way relating to your use of the PassportMD Site, resides in the courts of Palm Beach County in the State of Florida and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Palm Beach County in the State of Florida in connection with any such dispute including any claim involving PassportMD or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

    These Terms are governed by the internal substantive laws of the State of Florida, without respect to its conflict of laws principles. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
  • If we modify these Terms, any such modifications will take effect proactively, upon your subsequent access to the Website. Please feel free to print out a copy of these Terms for your records.

16. COMPLETE AGREEMENT

Except as expressly provided in a particular "legal notice" on the PassportMD Site, these Terms and Conditions and the PassportMD Privacy Policy and separate customer agreement, if any, constitute the entire agreement between you and PassportMD with respect to the use of the PassportMD Site, and Content.

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