TERMS AND CONDITIONS OF USE
THESE TERMS CONTAIN IMPORTANT DISCLAIMERS AND LEGAL INFORMATION
1. USER AGREEMENT
2. LIMITED LICENSE
Subject to the terms and conditions set forth in the Agreements, EqualityMD hereby grants to you, and you hereby accept, a personal, nonexclusive, non-transferable, non-sublicensable, revocable, limited license to access and make personal use of the Site and the Services. The license shall be granted until terminated in accordance with these Terms. Except as specifically permitted by these Terms, you agree not to: (i) sell, license (or sub-license), lease, assign, transfer, pledge, or share any of your rights under these Terms with/to anyone else; (ii) modify, disassemble, decompile, reverse engineer, revise or enhance all of any part of the Site or the Services or create any derivative works or otherwise merge or utilize all of any part of the Services or the Site with or into other computer programs or other materials or attempt to discover all or any part of the Site source code; or (iii) copy, print, display, publish or transmit all or any part of the Site or the Services.
3. EqualityMD CONTENT
The Site and the Services may incorporate software code, trade secrets, patentable subject matter and other proprietary materials, as well as text, images, audiovisual productions, opinions, statements, facts, articles, or other information created by us or by third parties ("Our Content"). Our Content may become unreliable for various reasons including, for example, changes in market conditions or economic circumstances. Our Content is for your reference only and should not be relied upon by you for any purpose. Our Content may not be copied, duplicated, distributed, downloaded, sold or otherwise exploited by you in any way, except as agreed to in writing by us. We are not responsible for Our Content's accuracy and/or reliability. We may discontinue offering any of Our Content on the Site at any time without notice.
4. USER RESPONSIBILITIES
You acknowledge and agree to bear the following responsibilities:
(a) You are solely responsible for obtaining, paying for, repairing and maintaining all of the equipment, hardware, software, services and materials that are required to access the Site and the Services;
(b) You may access the Site and the Services only through the interfaces and protocols provided or authorized by EqualityMD; and
(c) You agree to comply with all local rules regarding online conduct, including all laws, rules, codes and regulations of the country in which you reside and the country from which you access the Site and the Services. Without limiting the foregoing, the Services are not available where they are illegal to use, and EqualityMD reserves the right to refuse and/or cancel the Services provided to anyone at its own discretion.
5. USER ACKNOWLEDGEMENTS
By using the Site and the Services, you hereby acknowledge and agree that:
(a) We shall not be liable if the Site or the Services are not available for any period of time. We give no warranties as to the accessibility, performance, or availability of the Site or the Services for you or for any other user. Temporary suspension of access to the Site or the Services may occur without notice at our discretion, including, without limitation, in the case of repair, maintenance, system failure or for reasons beyond our control. We reserve the right to suspend the operation of the Site, the Services or any part thereof;
(b) You use, access, download, or otherwise obtain information, materials, or data through the Site or any reference websites at your own discretion and risk, including the risk that you might be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate, and you will be solely responsible for any damage to your property (including your computer system) or loss of data that results from the download or use of such material or data;
(c) We are under no obligation to enforce these Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated these Terms, we reserve the right to investigate and take appropriate action at our sole discretion;
(d) We may suspend or terminate your use of the Site and the Services, for any or no reason and without penalty in our sole discretion without prior notice to you.
(e) Neither EqualityMD nor our third party providers will be liable to you in any way for the termination, suspension, interruption, delay of any of the Services on the Site. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies EqualityMD may have at law or in equity; and
(h) You may terminate your use of the Services at any time.
6. USER CONDUCT
You shall use the Site and the Services for personal and lawful noncommercial purposes only. You may not nor may you assist, encourage, or enable others to:
(a) Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Site or any of Our Content;
(b) Record, process, or mine information about other users;
(c) Access, retrieve or index any portion of the Site for purposes of constructing or populating a searchable database of business reviews;
(d) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(e) Intentionally violate any other applicable law or regulation while accessing and using the Site or the Services;
(f) Deliberately disrupt the Site or the Services with repetitive messages, meaningless messages, or "spam";
(g) Interfere with or disrupt the Site or the Services or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site or used to provide the Services;
(h) Use the Site or the Services to harm minors in any way;
(i) Violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the United States Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law; or
(j) Violate the security of any computer network, crack passwords or security encryption codes, disrupt or interfere with the security of, remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, or otherwise cause harm to, the Site or Our Content.
As stated in Section 13 below, you agree to indemnify EqualityMD and hold us harmless from any actions, claims, proceedings, or liabilities arising out of your violation of the Agreements. You are responsible for all statements made and acts that occur through the use of your user name and password. Please do not disclose your password to anybody. If it has been lost or stolen, let us know as soon as possible by the methods set forth in Section 16 of these Terms.
7. REGISTRATION FOR SERVICES
You agree to provide accurate, current, and complete information about yourself where requested. You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate the Agreements and your use of the portions of the Site available to registrants.
If registration is permitted through the Site, as part of the Site registration process, you will be asked to select a user name and password. You are solely responsible for maintaining the confidentiality of your user name and password and for any and all activities that are conducted through your account.
The Site is for general audiences and is not directed toward those under 13 years of age. If you are under age 13, please do not attempt to register or provide information and/or media to us. If we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from a child under age 13, please contact us at by the methods set forth in Section 17. We strongly recommend that minors 13 years of age or older ask their parents for permission before sending any information about themselves to anyone over the Internet and we encourage parents to teach their children about safe Internet use practices.
8. USER PRIVACY
9. USER INPUT
We welcome any user suggestions to assist us in providing new information and services to our users. While we will endeavor to review your suggestions, we may not be able to adequately respond to messages suggesting new ideas. You hereby agree that any idea that you may convey to us or on the Site shall become our sole and exclusive property and that we will have no liability or responsibility for providing any credit, compensation, or other consideration for any idea that you may send to us or for keeping such idea confidential. Such submissions may not be acknowledged and will not be returned.
The Site will contain hyperlinks ("Links") to websites operated by third parties. Such Links are for your reference only, and we neither control such linked websites or the third parties that operate them, nor are we liable or responsible for their availability, content, or privacy policies. Display of such Links or the names of their third party operators or owners on the Site does not imply or express any endorsement by us of any individuals or entities referred to in the content of such linked websites, or of such third parties. You may direct any comments or concerns that you may have regarding any such Links or third parties on the Site to us, by the methods set forth in Section 16. You are solely responsible for any charges or obligations that may be incurred as a result of any dealings with such linked website operators. Other websites may also have a link to our website posted on their website; you hereby acknowledge and agree that we are not responsible for the content of any such website or the actions of any operator of any such website.
11. COPYRIGHTS, TRADEMARKS AND SERVICE MARKS
Our Site and all materials on this Site including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music (the "Intellectual Property") are or may be protected under United States and worldwide copyrights which are owned or licensed, in whole or in part, by us or otherwise used with permission of their respective owners. Intellectual Property or any third party trademarks, service marks, or copyrights may not be manipulated, edited, reproduced, performed, republished, uploaded to or downloaded from, posted, transmitted, sold, transferred or otherwise distributed or exploited in any manner whatsoever from this Site or any other website owned or operated by us without our prior written consent, which may be withheld in our sole discretion. Any manipulation of the Site or any portion thereof, or use of any of the foregoing for any other purpose constitutes an infringement of our copyrights, trademark rights or property and proprietary rights, or of the respective owners of such Intellectual Property. Any use of any portion of this Site on any other website or other networked computer environment is prohibited without our prior written consent, which may be withheld in our sole discretion. You represent that you are the sole author and proprietor of any information or ideas that you submit to us, and that no information or ideas submitted by you has been registered for copyright protection in any jurisdiction or has been previously published in any form.
12. USER INDEMNITY
You agree to defend, indemnify and hold harmless, EqualityMD, our affiliates, agents, employees, directors, officers, stockholders, licensors, subcontractors and suppliers (the "EqualityMD Indemnitees"), from any claims, demands, actions, losses, damages, liabilities, judgments, settlements, and other costs and expenses (including attorneys' fees and the allocable cost of in-house counsel) arising out of or relating to: (i) your breach or failure of your obligations under the Agreements, (ii) any products or services purchased or obtained by you in connection with the Site, (iii) the infringement by you, or any third party using your account, of any Intellectual Property or other rights of any person or entity, or (iv) your access to and use of the Site or participation in any activities arising from this Site, including but not limited to, the Services. Such indemnity shall include any costs and expenses (including attorneys' fees and the allocable cost of in-house counsel) incurred by us in any actions taken to enforce the Agreements. EqualityMD reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate fully with our defense of these claims. You agree not to settle any matter without the prior written consent of EqualityMD. EqualityMD will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You will also use reasonable efforts to notify us of any such claim, action, or proceeding upon becoming aware of it.
13. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY ACT OR OMISSION OF OURS OR ANY OF THE EqualityMD INDEMNITEES, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF DATA, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT (i) NEITHER EqualityMD NOR ANY OF THE EqualityMD INDEMNITEES, IS LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS, (ii) THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU, AND (iii) YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, THE SERVICES OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE. YOU AGREE THAT USE OF OUR SITE AND THE SERVICES ARE ENTIRELY AT YOUR OWN RISK. OUR SITE, CONTENT AND SERVICES ARE PROVIDED "AS IS," AND "AS AVAILABLE" FOR YOUR PERSONAL USE ONLY, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH EqualityMD, THE SITE, OR THE SERVICES. WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES CONCERNING THE AVAILABILITY AND ACCURACY OF CONTENT, INFORMATION, PRODUCTS OR SERVICES, AND ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. IN ADDITION, EqualityMD MAKES NO WARRANTY THAT:
(a) THE SITE WILL MEET YOUR REQUIREMENTS;
(b) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE OF VIRUSES, ERRORS, WORMS, DATE BOMBS, TIME BOMBS OR OTHER HARMFUL COMPONENTS;
(c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THE SERVICES WILL BE ACCURATE OR RELIABLE;
(d) THE QUALITY OF ANY SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS;
(e) ANY ERRORS ON THE SITE WILL BE CORRECTED;
(f) THE DATA AND MATERIALS PRESENTED OR DISPLAYED ON THE SITE ARE CORRECT AND ACCURATE; OR
(g) THE DATA, CONTENT (INCLUDING COMMERCIAL CONTENT), FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE SITE OR THE SERVICES OR ANY REFERENCE WEBSITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER EqualityMD NOR ANY OF THE EqualityMD INDEMNITEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENTS OR YOUR USE OF THE SITE OR THE SERVICES OR YOUR INABILITY TO GAIN ACCESS TO OR USE THE SITE OR THE SERVICES. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL IDEAS ON THE SITE OR SUBMITTED TO US. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU; IN SUCH JURISDICTIONS, OUR POTENTIAL LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN THE EVENT THAT THIS SECTION IS DETERMINED BY ANY COURT TO BE UNENFORCEABLE, YOU AGREE THAT ANY CLAIM THAT YOU BRING AGAINST EqualityMD OR ANY OF THE EqualityMD INDEMNITEES SHALL BE BROUGHT ONLY IN YOUR INDIVIDUAL CAPACITY, AND SUCH CLAIM SHALL NOT BE CONSOLIDATED WITH THE ARBITRATION, HEARING OR OTHER PROCEEDING (INCLUDING WITHOUT LIMITATION ANY OTHER SUIT OR CLASS ACTION) BROUGHT BY OR AGAINST ANOTHER USER OR US WITHOUT OUR EXPRESS WRITTEN CONSENT.
14. VALIDITY OF ELECTRONIC/INTERNET CONTRACTS
The Agreements shall have the same meaning, force and effect as if executed by hand, and all of the laws to which a hand executed agreement are subject will govern the Agreements. A printed version of the Agreements shall be admissible in judicial or administrative proceedings based upon or relating to the Agreements to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
15. CHOICE OF LAW
The Agreements will be governed and construed in accordance with the laws of District of Columbia applicable to agreements made and wholly performed in that state, without regard to the choice of law provisions thereof.
You will resolve any claim, cause of action or dispute with EqualityMD arising out of or relating to the Agreements, the Site or the Services exclusively in the local or federal courts located in Richmond, VA. You agree to submit to the personal jurisdiction of the courts located in Richmond, VA for the purpose of litigating all such claims. You agree that any cause of action arising out of or related to the Site, the Services or the Agreements must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
If you wish to contact us for any reason, please contact us at: Email: email@example.com.
Use of the Site and the Services is unauthorized in any jurisdiction that does not give effect to all provisions of the Agreements, including without limitation this Section. Section headings are solely for the convenience of reference and shall not be given any weight or effect in the interpretation or construction of the Agreements.
Waiver of any breach or default under any provision of the Agreements shall not be effective unless it is in writing and executed by us, and shall not be deemed to be, and shall not be, a waiver of any subsequent or continuing breach of, or default under, such provision or of any other provision. The Agreements constitute the entire agreement between you and us and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the Site and the Services. If any provision of the Agreements is deemed invalid or unenforceable for any reason, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreements shall continue in full force and effect. Any rights not expressly granted herein are reserved by EqualityMD.
Upon termination or expiration of all or part of the Agreements, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including but not limited to the following Sections: 3, 4, 9, 11 through 15, and 17.
We may translate these Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with EqualityMD, and any inconsistencies among the different versions will be resolved in favor of the English version.
These Terms were last updated on March 28, 2019.