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HelloMD Master Terms of Use

Last Updated September 30, 2019

Welcome to HelloMD. The following are the Master terms of use (“Terms of Use”) that, together with our Medical Referral Service Terms of Use and Privacy Policy (which are incorporated into these Terms of Use by reference), govern the use of our site by users. Please review these carefully. Especially note that any potential claim is required to be resolved by binding arbitration as described below instead of suing in court.

We may update these Terms of Use, at our sole discretion, from time to time by notifying you of such changes by any reasonable means, including by posting a revised Terms of Use through the HelloMD Sites [the “Last Updated” above indicates the last time these Terms of Use were updated]. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms of Use incorporating such changes or otherwise notified you of such changes. By continuing to use or access any of the HelloMD Sites after we post any changes, you accept the updated Terms of Use.

Introduction

By using our HelloMD Sites, you affirm that you are of legal age to enter into these Terms of Use or, if you are not, that you have obtained parental or guardian consent to enter into these Terms of Use. In any case, at a minimum you must be at least 18 years old. If you violate or do not agree to these Terms of Use, then your access to and use of the HelloMD Sites is unauthorized.



Definitions: The following Terms are used from time to time and have the following meaning:

  1. “Content,” means merchandise information, product descriptions, reviews, comments, messages, reviews, communications, feedback, submissions, suggestions, questions, and other information, data, content, and materials (including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, music clips or downloads, video clips, and written and other materials.)
  2. “HelloMD,” means Ondello, Inc. (dba “HelloMD”) (including any subsidiaries that Ondello, Inc. may form or acquire in the future). We also refer to HelloMD as “we,” “us” and “our.”
  3. “HelloMD Entities,” means HelloMD and its affiliates; its and their suppliers, vendors, contractors, and licensors; and its and their directors, officers, employees, and agents.
  4. “HelloMD Sites,” means www.hellomd.com, any HelloMD Apps, and all related functionality, services, and Content offered by or for HelloMD on or through www.hellomd.com and the HelloMD Apps or the systems, servers, and networks used to make the HelloMD Sites available.
  5. “HelloMD Apps,” means the official “HelloMD App” for iPhone and Android, as may become available for download from the iTunes App Store or the Google Play Store.
  6. “Ideas,” means ideas, concepts, feedback, and know-how that you make available in connection with the HelloMD Sites.
  7. “Intellectual Property” means copyrights, trademarks, trade dress, patent, copyright, know-how, trademark, or trade secret of HelloMD or its partners.
  8. “make available,” means post, transit, publish, upload, distribute, transmit, display, provide, or otherwise submit or make available (including through any part of the HelloMD Sites administrated by third-party social media platforms (e.g., Facebook or Instagram) that allow interaction with the HelloMD Sites through the tools offered by such social media platforms).
  9. “Medical Cannabis State(s)” means a state, including the District of Columbia, that allows certain individuals with distinct and defined debilitating conditions or that are undergoing certain medical treatments to consume cannabis for medical use)
  10. “Materials,” means Content that HelloMD Entities make available on or through the HelloMD Sites.
  11. “Patient Recommendation” means a determination whether cannabis would be an effective treatment for your condition and made by your Licensed Health Care Provider through its bona fide Health Care Provider to patient relationship with you and corresponding medical examination or series of examinations to be conducted in accordance with the applicable and governing state laws and regulations of the respective Medical Cannabis State.
  12. “Qualifying Patient” “debilitating conditions” and “medical treatments” are defined and governed by various state laws and regulations in each Medical Cannabis State.
  13. “you” or “your” means any user of any HelloMD Site.
  14. “Terms of Use,” means these Terms of Use and all other terms and policies posted by HelloMD on the HelloMD Sites (and any updates by HelloMD to these Terms of Use and those terms and policies).

IMPORTANT: THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND HELLOMD ARE EACH GIVING UP OUR RIGHTS TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND.

Registration/User Names

You are not obligated to register with HelloMD in order to access the HelloMD Sites. However, certain services of the HelloMD Sites are available only to users who have registered with HelloMD or other persons affiliated with HelloMD who have been granted accounts with usernames and passwords (“Secure Users”). If you are a Secure User, you agree to accurately maintain and update any information about yourself that you have provided to HelloMD. If you do not maintain such information, or HelloMD has reasonable grounds to suspect as much, HelloMD has the right to suspend or terminate your account and your use of the HelloMD Sites. You may have as many active Secure User accounts on the HelloMD Sites as you choose at any given time, and only you may use your designated accounts to access the HelloMD Sites, and you may not use anyone else’s account at any time. With the exception of parents and legal guardians acting on behalf of minor Qualifying Patients in accordance with the laws and regulations of the respective Medical Cannabis State, you may not make any request for a Patient Recommendation on behalf of any other individual with a HelloMD account or otherwise at any time. You also agree to promptly notify HelloMD of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to the HelloMD Sites by emailing HelloMD at support@hellomd.com. In addition, you agree to exit from your Secure User account at the end of each session. HelloMD explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section.

Our HelloMD Sites requires users to give us unique identifiers in order to log into many areas of the HelloMD Sites. We utilize these unique identifiers to verify the user’s identity and eligibility, in order to protect our members from the release of sensitive or personally identifiable information to unauthorized users. To help protect the privacy of data you transmit through the HelloMD Sites, where personally identifiable information is requested, we also use technology designed to encrypt the information that you input before it is sent to us using Secure Sockets Layer (SSL) technology or similar encryption technology. In addition, HelloMD takes steps to protect the user data we collect against unauthorized access. However, you should keep in mind that the HelloMD Sites and our services are run on software, hardware, and networks, any component of which may, from time to time, require maintenance or experience problems or breaches of security beyond our control.

You must exercise caution, good sense, and sound judgment in using the HelloMD Sites. You are prohibited from violating, or attempting to violate, the security of the HelloMD Sites. Any such violations may result in criminal and/or civil penalties against you. HelloMD may investigate any alleged or suspected violations and if a criminal violation is suspected whether in regards to the HelloMD Sites, your Content or your procurement of a Patient Recommendation, HelloMD will cooperate with law enforcement agencies in their investigations or any court order, including any legal order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site.

HelloMD Monitoring of Site

HelloMD will have the right (but not the obligation), in our sole discretion, to monitor, evaluate, and analyze Content, and any use of and access to the HelloMD Sites, including to determine compliance with these Terms of Use and any other operating rules that may be established by HelloMD from time to time. HelloMD will also have the right (but not the obligation), in our sole discretion, to edit, move, delete, or refuse to make available any Content made available through, the HelloMD Sites, for any reason, including violation of these Terms of Use, whether for legal or other reasons. Despite this right of ours, you are solely responsible for any Content you make available, and you agree to indemnify HelloMD for all claims resulting from any Content you make available.

Your Use of the Sites

You certify to HelloMD that the Content you provide on or through any of the HelloMD Sites is accurate and that the information you provide on or through the HelloMD Sites is complete. You are responsible for maintaining the confidentiality and security of your account including username & password.

HelloMD is not responsible for any losses arising out of the unauthorized use of your account. You agree that HelloMD does not have any responsibility if you lose or share access to your device.

Your account may be restricted or terminated for any reason, at our sole discretion. Except as otherwise provided by law, at any time without notice to you, we may (1) change, restrict access to, suspend, or discontinue the HelloMD Sites or any portion of the HelloMD Sites, and (2) charge, modify, or waive any fees required to use any services, functionality or other content available through the HelloMD Sites or any portion of the HelloMD Sites.

In connection with the HelloMD Sites, you will not:

  1. Make available any Content through or in connection with the HelloMD Sites that is or may be in violation of the content guidelines set forth below.
  2. Make available through or in connection with the HelloMD Sites any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
  3. Use the HelloMD Sites for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
  4. Harvest or collect information about users of the HelloMD Sites.
  5. Interfere with or disrupt the operation of the HelloMD Sites or the systems, servers, or networks used to make the HelloMD Sites available, including by hacking or defacing any portion of the HelloMD Sites; or violate any requirement, procedure or policy of such servers or networks.
  6. Restrict or inhibit any other person from using the HelloMD Sites.
  7. Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute, or otherwise exploit any portion of (or any use of) the HelloMD Sites except as expressly authorized in these Terms of Use, without HelloMD’s express prior written consent.
  8. Reverse engineer, decompile, or disassemble any portion of the HelloMD Sites, except where such restriction is expressly prohibited by applicable law.
  9. Remove any copyright, trademark, or other proprietary rights notice from the HelloMD Sites.
  10. Frame or mirror any portion of the HelloMD Sites, or otherwise incorporate any portion of the HelloMD Sites into any product or service, unless you obtain HelloMD’s express prior written consent to do so.
  11. Systematically download and store any Materials.
  12. Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any Materials, or reproduce or circumvent the navigational structure or presentation of the HelloMD Sites, without HelloMD’s express prior written consent.
  13. Cause injury to any person or entity.
  14. Violate any law, rule, or regulation, or these Terms of Use.
  15. You will not use the HelloMD Sites or HelloMD’s name, logo, or brand to (1) send any unsolicited or unauthorized Content, including advertising, promotional materials, email, junk mail, spam, or other form of solicitation; or (2) use any meta tags or other hidden text or metadata utilizing a HelloMD trademark, logo, URL, or product name without HelloMD’s written consent; or
  16. You will not attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in this Section, or attempt, permit, encourage, assist, or allow any other violation of these Terms of Use.

Privacy Policy

All information we collect on the HelloMD Sites is subject to our Privacy Policy. By using the HelloMD Sites, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy and with respect to certain HIPAA information the Medical Cannabis Terms of Use.

Contributions

HelloMD provides functionality that enables users to make available Content and Ideas in connection with the HelloMD Sites. At this time, HelloMD is only available in the English language, so we are only accepting Content that is written in English. You acknowledge and agree that you are responsible for all Content and Ideas you submit or otherwise make available on any of the HelloMD Sites. You agree that any Content and Ideas that you make available, and your use of such Content and Ideas, will not violate any term of these Terms of Use. You are solely responsible for the legality, accuracy, appropriateness, originality, and your rights in any such Content and Ideas.



You hereby represent that you have the full authority to grant the right to HelloMD as set forth herein. You hereby grant to HelloMD a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display (publicly or otherwise) any Content that you make available, in any media or medium, and in any form, format, or forum now known or hereafter developed. You further agree that HelloMD is free to use any Ideas for any purpose. HelloMD may sublicense its rights in Content and Ideas through multiple tiers of sublicenses. HelloMD is, and will be, under no obligation (1) to maintain any Content or Idea in confidence; (2) to pay any compensation for any Content or Idea; or (3) to respond to any Content or Idea. You grant to HelloMD the right to use any name associated with any Content or Idea that you make available to HelloMD, although HelloMD has no obligation to exercise such right, or to otherwise provide any attribution for any Content or Idea.

Prohibited Content



You agree that you will not make available Content in connection with the HelloMD Sites that: (a) is false, fraudulent, inaccurate, or misleading; (b) is intended to cause harm, damage, disable, or otherwise interfere with the HelloMD Sites (c) violates any local, state, federal, or international laws or is otherwise tortious; (d) is protected by or would infringe on the rights of others (including HelloMD), including any Intellectual Property, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner; (e) is obscene, indecent, pornographic, or otherwise objectionable or is derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by HelloMD in its sole discretion; (f) victimizes, harasses, degrades, or intimidates or is violent or threatening; (g) promotes violence against, or actions that are threatening to, any individual or group, including without limiting the foregoing, on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability; (i) contains advertisements, solicitations, or spam links to other web sites or individuals; (j) impersonates another business, person, or entity, including HelloMD, its related entities, employees, and agents; (k) violates any policy posted on the HelloMD Sites; or (l) contains your full name(s), or any other confidential personally identifiable information of yourself or others.

Without limiting the above, you hereby agree that you will not make unsubstantiated “Health Claims” or “Qualified Health Claims” as defined by the Food & Drug Administration. You hereby agree and consent that HelloMD may remove any Content that HelloMD, in its sole discretion, determines to be in violation of this prohibition.

Reporting & Reviewing Prohibited Content

If you believe that any Content on the HelloMD Services contains prohibited Content, please contact suppport@hellomd.com

HelloMD takes the health and wellbeing of its users extremely seriously and will review all reports of Prohibited Content. If HelloMD determines that the Content is Prohibited by these Terms, or for any other reason, in its sole discretion, HelloMD reserves the right to take any action HelloMD deems necessary and appropriate, which may include but is not limited to: (i) immediately and permanently removing the content; (ii) suspending the user who contributed the Content; or (iii) permanently banning the user from HelloMD’s services.

Information and Materials

HelloMD and its suppliers and licensors may make available to users various Materials. The Materials are for educational and informational purposes only, and errors may appear from time to time. Before you act in reliance on any Materials, you should confirm any facts that are important to your decision. The HelloMD Entities make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of any Materials.

HelloMD assumes no responsibility for the improper use of, and self-diagnosis, and/or treatment using any products listed on our Sites. Any products shown on our sites should not be confused with prescription medicine. Any products on our site should not be used as a substitute for medically supervised therapy. If you suspect you suffer from clinical deficiencies, consult a licensed, qualified medical doctor.

It is important that you understand why no claims can be made about the products you order from retailers on the HelloMD marketplace and that we cannot suggest the use of any product that will effect a cure or affect a symptom/ailment. Before starting any product for illness, it is always wise to check with a medical doctor. It is especially important for people who are: pregnant or breast feeding, chronically ill, elderly, under 18, and currently taking prescription or over-the-counter medicines. None of the products or information available to the public are intended to be a treatment protocol for any disease state, but rather are offered to provide information and choices regarding nutritional support for various health concerns. None of the information presented is intended to be an enticement to purchase and should not be construed as medical advice or instruction.

No action should be taken solely on information contained on the HelloMD Sites, regardless of perceived scientific merit. Instead, readers should consult healthcare professionals on any matter related to their health. The information obtained from referenced materials shown on the HelloMD Sites is believed to be accurate, as presented by their respective authors. HelloMD assumes no liability for any personal interpretation. Users who fail to consult their physicians prior to the purchase and subsequent use of any product assume the risk of any adverse effects.

The use of any nutritional supplement or Cannabis product for any reason is neither implied nor advocated by HelloMD.

For any suspected or known illness or health concern, always consult with your physician or health care provider prior to the purchase or use of any nutritional product. HelloMD has attempted to present information from literature, books, and other references, as well as information about products as accurately as possible, but you should be aware that the Food and Drug Administration (FDA) has not approved or evaluated the information contained in that literature or on this site. Any literature reference or direct link to a specific product is for your information or convenience only, and should not be construed as an enticement to purchase, and further is not intended or implied to be used in the mitigation, diagnosis, treatment, cure, or prevention of any disease or illness.

Information on this site is provided for informational purposes only and is not meant as a substitute for the advice provided by your own physician or other trained medical professionals. The results reported may not necessarily occur in all individuals.



THE HELLOMD ENTITIES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS.

Third Party Products

The HelloMD Sites may make available listings, descriptions, and images of goods and services (collectively, “Products”). Such Products may be made available for order fulfillment from licensed third party retailers and delivery services. HelloMD acts a marketplace for consumers, brand manufacturers and fulfilling retailers; it will not be a contracting party or agent to any of the transactions between the parties. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Sites). HelloMD does not review, evaluate, or check any listings, descriptions, or images in advance for accuracy. Such information and the availability of any Product are subject to change at any time without notice.



We have made efforts to accurately display the attributes of Products, including the applicable colors. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will accurately reflect actual product color or finish. In addition, certain weights, measures, and similar descriptions are approximate and are for convenience only.



HelloMD has no liability to you for content on the HelloMD Sites that you find to be offensive, indecent, or objectionable. 

HelloMD is not responsible for, and cannot guarantee the performance of, goods and services provided by third parties. While our goal is to provide accurate information, product packaging and material may contain more and/or different information than that provided on HelloMD Sites, including the product description, country of origin, nutrition, ingredient, allergen, and other information. Always read labels, warnings, directions, and other information provided with the product before using or consuming the product. For additional information about a product, please contact the manufacturer. It is your responsibility to ascertain and obey all applicable local, state, federal, and foreign laws (including minimum age requirements) regarding the purchase, possession, and use of any Product.

References on HelloMD Sites to any names, marks, products, or services of third parties, or links to third-party sites or information, are not an endorsement, sponsorship, or recommendation of the third party or its information, products, or services. HelloMD is not responsible for the content of any third-party linked site or any link contained in a linked site, including any third-party social media or mobile app platform with which the HelloMD Sites operate or otherwise interact, nor is HelloMD responsible for the acts or omissions of any operator of any such site or platform. Your use of any such third-party site or platform is at your own risk, and will be governed by such third party's terms and policies (including its privacy policy).

If you believe that any Product(s) in the HelloMD marketplace, or any statements, descriptions, or entries related to those Product(s), are inaccurate, incomplete, unreliable, offensive, discriminatory, or otherwise violate these Terms, please contact content@hellomd.com.

In its sole discretion, HelloMD reserves the right to remove any Products, product descriptions, advertising materials, images, or any other Content that it deems is in violation of these Terms or any state or federal law or that it deems should be removed for any other reason.

As you view the HelloMD Sites, you may see links to third-party websites. These links are for convenience only. If you use these links, you will leave the HelloMD Site. Certain of these linked websites may make use of HelloMD’s proprietary intellectual property rights (such as copyrights, trademarks, service marks, logos and trade names) under license from the HelloMD. HelloMD is not responsible for the availability or content, products, services or other materials of these other websites or for any viruses or other damaging elements encountered in linking to a third-party website. In addition, providing links to these websites should not be interpreted as endorsement or approval by HelloMD of the organizations sponsoring such third-party websites or their products or services. HelloMD shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such website. HelloMD is not responsible for the privacy practices of any other websites. These Terms of Use do not apply to any other websites.

You may link to the homepage of www.hellomd.com, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This HelloMD Sites may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on the HelloMD Site
  • Send emails or other communications with certain content, or links to certain content, on this HelloMD Site.
  • Cause limited portions of content on the HelloMD Sites to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

Orders

Except for transactions covered by the HelloMD Cannabis Terms of Use, any products containing cannabis shown on the HelloMD Sites will be sold and fulfilled by the third party retailer and delivery services. HelloMD will not take any money nor be responsible for any orders made using our site. HelloMD provides purchase information to the third party retailer and delivery services. Although HelloMD will endeavor to ensure exceptional customer service to users placing orders through licensed retailers, you agree that HelloMD will not be liable for any failure to deliver products ordered through the HelloMD Sites.

Delivery

HelloMD is a marketplace where consumers and retailers connect for the purchase of goods. HelloMD is not responsible and makes no representations regarding the delivery of purchased goods. Once the order is processed and directed to the Third Party retailer, HelloMD takes no responsibility and makes no representation regarding the reliability or timeliness of the delivery service.

Products will be delivered to an address designated by you, if applicable, so long as such address is complete and complies with the delivery restrictions contained on the HelloMD Sites. All transactions are made pursuant to a shipping contract, and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the delivery party carrier.

Delivery of Products will only be made where legal. Estimated delivery times are determined based on the destination of the Products.

If you have a concern regarding the delivery of a product ordered on our website please contact our customer service department.

Third-Party Interactions

Your interactions with entities or individuals found on or through the Site, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such entities or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site and disclosing personal information.

You agree that HelloMD shall not be responsible or liable for any loss or damage or resulting civil or criminal legal or administrative action(s) of any sort incurred as the result of any such dealings. If there is a dispute between participants on the HelloMD Sites, or between users and any third party, you understand and agree that HelloMD is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release HelloMD, its officers, employees, agents and successors in interest from claims, demand and damages (actual or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or the Site or the features and services therein. If you are a California resident, you waive California Civil Code Section 1542, which states:

“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

Intellectual Property

The HelloMD Sites and all Materials, and all Intellectual Property are owned or controlled by or licensed to HelloMD, and are protected by U.S. and international trademark, copyright, and other intellectual property laws. Materials are licensed (not sold) to end users. Subject to your compliance with these Terms of Use, and solely for so long as you are permitted by HelloMD to use the HelloMD Sites, you may access, view, download, and print the Materials for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark, or other proprietary designations contained on all Materials; (2) do not modify or alter the Materials in any way; and (3) do not provide or make available the Materials to any third party in a commercial manner.

No license, right, title, or interest in the HelloMD Sites or any Materials is transferred to you as a result of your use of the HelloMD Sites or your accessing, viewing, downloading, or printing of the Materials. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the Materials or the HelloMD Sites. The HelloMD Sites and Materials may be used only as a personal shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the HelloMD Sites and the Materials is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of the HelloMD Sites and Materials is the exclusive property of HelloMD and is also protected by U.S. and international copyright laws.



HELLOMD, names and logos, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of the HelloMD Sites are trademarks or trade dress of HelloMD in the U.S. and other countries. All other marks are the property of their respective companies.

The HelloMD Sites may include certain third-party technologies and open source materials (collectively, “Third-Party Technology”). Your use of such Third-Party Technology is subject to these Terms of Use, as well as well the applicable terms and conditions of such third parties.

Disclaimer

THE HELLOMD SITES, AND ALL CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, AND OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HELLOMD SITES, ARE PROVIDED BY HELLOMD ON AN “AS IS” AND “AS AVAILABLE” BASIS. NO HELLOMD ENTITY MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE HELLOMD SITES OR THE CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, OR OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HELLOMD SITES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE HELLOMD ENTITIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE HELLOMD ENTITIES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THE HELLOMD SITES. YOU ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, YOUR USE OF THE HELLOMD SITES IS AT YOUR SOLE RISK. THIS DOES NOT LIMIT THE TERMS OF ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF AN ITEM THAT IS SOLD BY HELLOMD TO YOU THROUGH THE HELLOMD SITES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE HELLOMD SITES AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE HELLOMD SITES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO HELLOMD ENTITY IS RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD FROM THE HELLOMD SITES. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, HELLOMD WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE HELLOMD SITES, EVEN IF AN AUTHORIZED REPRESENTATIVE OF A HELLOMD ENTITY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO HELLOMD ENTITY WILL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE HELLOMD SITES DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.



YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO HELLOMD ENTITY WILL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SELLER (INCLUDING ANY MARKETPLACE RETAILER), SHOPPER, OR OTHER USER OF THE HELLOMD SITES.

Indemnification

You agree to defend (at HelloMD’s option), indemnify, and hold the HelloMD Entities harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to your misuse of the HelloMD Sites or any breach by you of these Terms of Use. HelloMD reserves the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with HelloMD if and as requested by HelloMD in the defense and settlement of such matter.


Arbitration/ Governing Law

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Using or accessing the HelloMD Sites constitutes your acceptance of this Arbitration provision. Please read it carefully as it provides that you and HelloMD will waive any right to file a lawsuit in court or participate in a class action for matters within the terms of the Arbitration provision.



EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND HELLOMD, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT HELLOMD AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”) and as modified by this agreement to arbitrate. The JAMS Rules, including instructions for bringing arbitration, are available on the JAMS website https://www.jamsadr.com/.


The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by JAMS or by the arbitrator. The arbitrator’s decision will follow the terms of these Terms of Use and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms of Use, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms of Use will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.

These Terms of Use will be governed by and construed under the laws of the United States (including federal arbitration law) and the State of California, without regard to conflicts of law principles.

Termination

These Terms of Use are effective unless and until terminated by either you or HelloMD. You may terminate these Terms of Use at any time, provided that you discontinue any further use of the HelloMD Sites. We also may terminate these Terms of Use at any time and may do so immediately without notice, and deny you access to the HelloMD Sites, if in our sole discretion you fail to comply with any term or provision of these Terms of Use. Upon any termination of these Terms of Use by either you or HelloMD, you must promptly destroy all Materials and other Content downloaded or otherwise obtained from the HelloMD Sites, as well as all copies of such Content, whether made under these Terms of Use or otherwise. Upon any such termination, you must destroy all Content obtained from the Site and all copies thereof. The provisions of these Terms of Use concerning Site security, prohibited activities, copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity and jurisdictional issues shall survive any such termination. You agree that if your use of the Site is terminated pursuant to these Terms of Use, you will not attempt to use the Site under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold HelloMD harmless from any and all liability that HelloMD may incur therefore.

The following sections will survive any termination of these Terms of Use: “Definitions”, “Your use of the Site” (excluding the rights granted to you in that Section) “Intellectual Property” (excluding the rights granted to you in that Section), “Information and Materials”,”Third Party Interactions”, “Indemnification,” “Termination,” “Disclaimer,” “Limitation of Liability,” “Arbitration and Governing Law,” and “General”.


General

These Terms of Use represent the complete agreement and understanding between you and HelloMD and supersede all prior agreements and representations between the parties with respect to the subject matter of these Terms of Use. These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and HelloMD. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of these Terms of Use is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use will remain in full force and effect. The failure of HelloMD to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and will not limit HelloMD's rights with respect to such breach or any subsequent breaches. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms of Use without restriction. Any use of the term “including” or variations thereof in these Terms of Use shall be construed as if followed by the phrase “without limitation.” Notices to you (including notices of changes to this these Terms of Use) may be made via posting to the HelloMD Sites or by e-mail (including in each case via links), or by regular mail. When you visit the HelloMD Sites or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the HelloMD Sites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Use. Without limitation, a printed version of these Terms of Use and of any notice given in electronic form shall be admissible 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.


Contact Us

If you have any questions or comments, please contact us at info@hellomd.com or by mail at the following address: 125 E Sir Francis Drake Blvd, STE 200, Larkspur, CA, 94939.

Ondello, Inc. © 2019. All Rights Reserved.

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