ElevateMD.com TERMS OF USE
Last updated: November 13, 2020
Welcome to the ElevateMD.com website (the “Site”), provided by Elevate MD, LLC, LLC. (“Elevate MD, LLC”). You accept and agree to these Terms of Use (the “Terms of Use”) when you visit the Site, whether you access the Site through a personal computer, mobile device or any other means, so please read the Terms carefully. We may modify the Terms from time to time, effective upon posting to the Site. Your access to or use of the Site at any time constitutes acceptance of the Terms of Use in effect at that time.
Privacy
Our Privacy Policy also governs your access to and use of the Site and information you provide or we collect on or through the Site and is incorporated into these Terms of Use by reference. Please review the Privacy Policy to learn about the information we collect and how we use and disclose such information. The Site is not directed at children, and Elevate MD, LLC will not knowingly collect personally identifiable information from any child under age 13.
Trademarks
Elevate MD, LLC; and other names and logos used for Elevate MD, LLC and other entities under common ownership or control with Elevate MD, LLC (“Site Affiliates”) or for products or services of Elevate MD, LLC or Site Affiliates are trademarks of Elevate MD, LLC or the applicable Site Affiliates in the United States and other countries. Elevate MD, LLC’s and Site Affiliates’ trademarks may not be used without prior written permission from Elevate MD, LLC or the applicable Site Affiliate, including, without limitation, for or in connection with any product or service or in any manner that could cause potential confusion among customers or that disparages Elevate MD, LLC or any Site Affiliate or its or their respective products or services. Trademarks and trade names on the Site that are not owned by Elevate MD, LLC or a Site Affiliate are the property of third parties who may or may not be affiliated with Elevate MD, LLC.
Copyright
All content on the Site, including, without limitation, the text, graphics, images, audio clips, logos and icons, and the compilation and layout of content on the Site, is the property of Elevate MD, LLC and protected under the United States and international copyright laws. Software used on the Site is the property of Elevate MD, LLC or its software vendors and is protected under the United States and international copyright laws.
Access and Use of the Site
Elevate MD, LLC grants you a limited, non-exclusive license to access and use the Site and to download and print a single copy of the Site content solely for your personal, non-commercial use and provided that you do not delete or modify any copyright or other proprietary notice. Any other copying, use, distribution, transmission or modification of the Site’s content, including, without limitation, collection or use of product descriptions or prices, use of data mining or similar tools or framing of any Site content is subject to Elevate MD, LLC’s prior written consent. You may link to the Site for non-commercial purposes only or as otherwise specifically agreed in writing by Elevate MD, LLC, provided that such link does not disparage or defame Elevate MD, LLC or its products or services and that you remove any such link upon demand by Elevate MD, LLC.
You agree not to use the Site in any manner that would (a) adversely affect the Site’s resources or the availability of the Site to others; (b) violate any local, state, national or international law; or (c) delete or modify any content on the Site.
Visitor Content
Personal profiles, comments and other content posted by you or by third parties (“Visitor Content”) may be available on or through the Site. You acknowledge that any Visitor Content you submit or post or that is submitted or posted by any third party is not endorsed by Elevate MD, LLC and does not reflect the opinion, recommendation or advice of Elevate MD, LLC in any manner, and you agree that Elevate MD, LLC is not responsible for, and has no liability in connection with, any Visitor Content. If you believe that any content on the Site violates these Terms of Use, any law or any right of a third party, please let us know.
You agree that any Visitor Content you provide will not be illegal, obscene, invasive of privacy, threatening, defamatory, infringe any copyright, trademark or other proprietary right or contain any virus, corrupt data, advertisement or other commercial solicitation or “spam.” You also agree not to use any false email address, impersonate any person or otherwise mislead as to the origin of any Visitor Content.
You grant Elevate MD, LLC an irrevocable, worldwide, nonexclusive, royalty-free, perpetual and fully sub-licensable and transferable right, but not the obligation, to (a) use, distribute, display, modify and otherwise use any Visitor Content you post or submit, in any media now known or hereafter developed; and (b) use the name and any other personal information that you post or submit in connection with Visitor Content, in Elevate MD, LLC’s discretion.
You warrant that you own or control all of the rights in and to your Visitor Content and that use of your Visitor Content does not violate these Terms of Use and will not cause damage or injury to any person or entity.
Elevate MD, LLC has the right, but not the obligation, to monitor and modify or remove any content or materials on the Site. Elevate MD, LLC is not responsible for, and assumes no liability for, any Visitor Content or any other content posted by you or any third party.
Electronic Communication
By accessing or visiting the Site, registering with the Site, completing a profile on the Site, sending an email to Elevate MD, LLC or otherwise communicating with Elevate MD, LLC through the Site, you are communicating with Elevate MD, LLC electronically, and you agree to receive electronic communication from Elevate MD, LLC, by email and by posting to the Site. You agree that any electronic communication from Elevate MD, LLC satisfies any legal requirements that such communication must be in writing. You also agree that any communications or materials that you provide to Elevate MD, LLC or the Site, by posting to the Site, email or otherwise, are and will be treated as non-confidential and non-proprietary.
Copyright Complaints
If you believe any content on the Site infringes your copyright interest, please provide the Elevate MD, LLC Copyright Agent with the following information in writing:
- A description of the copyrighted work that you believe is infringed, including an assertion that you either own such copyright interest, or are the authorized agent of the owner.
- A description of where the allegedly infringing content is located on the Site.
- Your address, telephone number and email address.
- Your statement that you have a good-faith belief that the use of the identified content is not authorized by the copyright owner, its agent or by law.
- Your statement, made under penalty of perjury, that all information provided by you in the notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
Elevate MD, LLC’s Copyright Agent for notices of claims of infringement on the Site can be reached as follows:
Elevate MD, LLC Copyright Agent
copyrightagent@ElevateMD.com
Purchase
Any areas of the Site where visitors can make purchases are run by third parties, who are responsible for product descriptions and purchase transactions through such areas. Any warranty for a product offered through any such area of the Site is provided by the third party that runs such area. Elevate MD, LLC has no responsibility for, or liability in connection with, any such area of the site.
Links
The Site may include links to sites owned or operated by third parties. Links are provided as a convenience to visitors and do not constitute an endorsement of any third-party site, product or service or indicate any affiliation with the owner or operator of such sites. Elevate MD, LLC is not responsible for the content of any third-party site or for the practices of its owner or operator.
Warranties
You hereby represent and warrant that: (a) you have the full power and authority to accept these Terms of Use and perform as provided herein; (b) your access to and use of the Site will not infringe the copyright, trademark, right of publicity or any other legal right of any third party, and (c) you will comply with all applicable laws, statutes and regulations in accessing and using the Site and in engaging in all other activities arising from, relating to or connected with the Site and/or these Terms of Use.
Indemnity
You agree to indemnify and hold harmless Elevate MD, LLC and other Site Affiliates and each of their respective subsidiaries, affiliates, members, shareholders, managers, officers, directors, employees, licensees, licensors, agents and attorneys (the “Indemnified Parties”) from any claim, demand, action, damage, loss, cost or expense, including, without limitation, attorneys’ fees, incurred in connection with or relating to (a) your Visitor Content; and/or (b) your breach or an alleged breach of any obligation or warranty under these Terms of Use. Elevate MD, LLC will have the sole right to control the defense of any indemnified claim.
Disclaimer of Warranties/Limitation of Liability
THE SITE AND ALL CONTENT CONTAINED IN OR ACCESSED THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, STATUTES AND REGULATIONS, Elevate MD, LLC DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THAT THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR SOLE RISK. Elevate MD, LLC DOES NOT WARRANT THAT THE SITE OR THE CONTENT, PRODUCTS OR SERVICES ON OR MADE AVAILABLE THROUGH THE SITE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT WILL Elevate MD, LLC BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, ITS SOFTWARE OR CONTENT OR ANY OTHER MATTER RELATING TO THE SITE OR CONTENT, EVEN IF Elevate MD, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE CONTENT OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
BECAUSE SOME STATES DO NOT ALLOW LIMITATION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, Elevate MD, LLC’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAWS, STATUTES AND REGULATIONS, AND Elevate MD, LLC’S TOTAL LIABILITY IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SITE SHALL NOT EXCEED $50.00.
Dispute Resolution
You agree that the laws of the State of Delaware, USA, without regard to conflicts of law principles, govern the existence and construction of these Terms of Use and any dispute that may arise between you and Elevate MD, LLC and that any dispute or claim arising out of or in relation to your access to or use of the Site or to products or services sold or distributed by Elevate MD, LLC or through the Site will be exclusively resolved by binding arbitration.
The arbitration will take place before a single arbitrator and will be administered by JAMS in accordance with the United States Arbitration Act and the JAMS Streamlined Arbitration Rules and Procedures then in effect, as modified by these Terms of Use. Any in-person arbitration will take place in Washington, DC. If the parties cannot agree upon the choice of an arbitrator within twenty (20) business days of the date the matter is submitted for arbitration, the parties shall request, and accept, assignment of an arbitrator from JAMS pursuant to its rules. The arbitrator shall have the authority to award any remedy or relief that a court of competent jurisdiction in Delaware could grant in conformity to applicable laws, statutes and regulations, subject to the limitations set forth in this Agreement. Any arbitration award shall be accompanied by a written statement containing a summary of the issues in controversy and a description of the award, with an explanation of the reasons for the award. The arbitrator’s award shall be final and binding, and judgment may be entered upon such award by any court of competent jurisdiction.
You and Elevate MD, LLC agree that all arbitration proceedings will be confidential and further agree not to make any public announcement with respect to the arbitration or any court action taken to enforce the arbitrator’s award, including the fact that the arbitration or court action is being conducted or disclose any aspect thereof, including any testimony, discovery and any documents filed in the course of such proceedings, except to the arbitrator and his/her staff, the parties’ attorneys and their staff, any experts retained by the parties, and to the court, as necessary to enforce the arbitration award, provided that at the request of a party, the parties will cooperate in seeking a protective order with respect to any such information disclosed to the court.
For more information, you may contact JAMS in writing at 1155 F Street, NW Suite 1150 Washington, DC 20004 USA, or visit their website at http://www.jamsadr.com/. Under JAMS rules, you also may have the right to take certain qualifying disputes to small claims court. Unless otherwise provided in JAMS rules or the arbitration award, you and Elevate MD, LLC will equally divide all administrative fees and expenses for any arbitration, including the arbitrator’s fees and expenses, and each party will bear the cost of preparing and presenting its own case. The failure of a party to timely pay its portion of any administrative fees or expenses shall entitle the other party(ies) to a default award (if the non-paying party is the respondent) or dismissal with prejudice (if the non-paying party is the claimant).
Each dispute will be arbitrated on an individual basis and will not be consolidated in any action with the disputes or claims of other consumers or customers. Any dispute or claim arising out of or relating to these Terms of Use must be brought within two years of the date on which the basis for the dispute or claim first arises, or such longer period as may be required by law. If notwithstanding the provisions of these Terms of Use, a claim proceeds in court rather than arbitration, we each waive any right to a jury trial. Notwithstanding this dispute resolution provision, Elevate MD, LLC shall have the right to seek and obtain preliminary injunctive or other provisional relief from a court of competent jurisdiction for the purpose of preventing irreparable injury, loss or damage pending a final resolution according to this dispute resolution provision.
General
The Site is controlled and operated by Elevate MD, LLC. Elevate MD, LLC makes no representation that any content on the Site is appropriate or available for use in other locations. You are solely responsible for ensuring that your access to and use of the Site complies with all applicable laws, statutes and regulations of your jurisdiction. Elevate MD, LLC reserves the right, in its sole discretion, to terminate your access to the Site, or to discontinue the Site, in whole or in part, at any time and without notice.
These Terms of Use, including the Privacy Policy incorporated by reference, as such Terms of Use and Privacy Policy, may each be amended by Elevate MD, LLC from time to time upon posting to the Site, set forth the entire understanding of you and Elevate MD, LLC as to the subject matter hereof. Paragraph headings are for convenience of reference and are not a part of these Terms of Use. If any provision of these Terms of Use is found by a court or arbitrator of competent jurisdiction to be invalid or unenforceable in any jurisdiction, the remainder of the Terms of Use shall remain in full force and effect in such jurisdiction, all of these Terms of Use will remain in full force and effect in all other jurisdictions and all provisions shall be enforced to the fullest extent permitted by law. Any waiver of any provision of these Terms of Use by Elevate MD, LLC must be in writing and shall not constitute a continuing waiver or a waiver of any other provision. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in arbitration or in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Questions about these Terms of Use or the Site? Please contact us:
shrd: support@ElevateMD.com
The following Terms of Service apply to your use of this Network. You are solely responsible for your conduct and your content on the Network and compliance with these terms. By registering with us or using or browsing this Network, you acknowledge that you have read, understood, and agree to be bound by these terms. This Network is not directed to anyone younger than 13 and is offered only to users 13 years of age or older. Any person who provides their personal information through this Network represents that they are 13 years of age or older.
You agree that you will not post, email or make available any content or use this Network:
In a manner that infringes, violates or misappropriates any third party’s intellectual property rights or other proprietary rights or contractual rights;
in a manner 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;
to engage in spamming, “chain letters,” “pyramid schemes”, advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate these Terms of Service, any applicable laws, regulations or generally-accepted advertising industry guidelines;
in a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
in a manner that is libelous or defamatory, or in a way that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another’s privacy;
in a manner that is harmful to minors in any way;
in a manner that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable;
to impersonate any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to this Network without authorization;
to interfere or attempt to interfere with the proper working of this Network or prevent others from using this Network, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to this Network, or that otherwise negatively affects other persons’ ability to use this Network;
to use any manual or automated means, including agents, robots, scripts, or spiders, to access or manage any user’s account or to monitor or copy this Network or the content contained therein;
to facilitate the unlawful distribution of copyrighted content;
in a manner that includes personal or identifying information about another person without that person’s explicit consent;
in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through this Network or to users; and
in a manner that constitutes or contains any form of advertising or solicitation if emailed to users who have requested not to be contacted about other services, products or commercial interests.
Additionally, you agree not to:
“Stalk” or otherwise harass anyone;
Collect, use or disclose data, including personal information, about other users without their consent or for unlawful purposes or in violation of applicable law or regulations;
Request, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any member of this Network or to proxy authentication credentials for any member of this Network for the purposes of automating logins to this Network;
Post any content containing child pornography to this Network;
Post any content that depicts or contains rape, extreme violence, murder, bestiality, incest, or other similar content;
Post any content that constitutes pornography, contains nudity or is adult in nature.
Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from this Network – except for Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or “well-behaved” web services/RSS/Atom clients. We reserve the right to define what we mean by “well-behaved”;
Post irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on the Network’s infrastructure;
Attempt to gain unauthorized access to our computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, this Network;
Use this Network as a generic file hosting service;
Take any action that may undermine the feedback or rating systems (such as displaying, importing or exporting feedback information off of this Network or for using it for purposes unrelated to this Network); and
Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of this Network.
To provide notice of alleged copyright infringement on this Network, please see the DMCA Notification Guidelines.
You agree not to authorize or encourage any third party to use this Network to facilitate any of the foregoing prohibited conduct. You also agree that these Network Terms of Service inure to the benefit of our service providers (including our Network platform provider) and that they may take action (including the removal of your content and disabling of your account) in order to maintain compliance with these Network Terms of Service. Technology and hosting for aspects of this Network are provided by this Network’s online service provider. However, the Network Creator of this Network controls the content, membership, and policy of this Network, including those pages served by such service provider on behalf of this Network. Notwithstanding anything to the contrary, by participating in this Network you agree to indemnify and hold harmless such service providers on all matters related to your interaction with others using this Network and participation with this Network.