Last Updated September 30, 2019
Definitions: The following Terms are used from time to time and have the following meaning:
- “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.)
- “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.”
- “HelloMD Entities,” means HelloMD and its affiliates; its and their suppliers, vendors, contractors, and licensors; and its and their directors, officers, employees, and agents.
- “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.
- “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.
- “Ideas,” means ideas, concepts, feedback, and know-how that you make available in connection with the HelloMD Sites.
- “Intellectual Property” means copyrights, trademarks, trade dress, patent, copyright, know-how, trademark, or trade secret of HelloMD or its partners.
- “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).
- “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)
- “Materials,” means Content that HelloMD Entities make available on or through the HelloMD Sites.
- “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.
- “Qualifying Patient” “debilitating conditions” and “medical treatments” are defined and governed by various state laws and regulations in each Medical Cannabis State.
- “you” or “your” means any user of any HelloMD Site.
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.
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 email@example.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
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:
- 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.
- 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.
- Use the HelloMD Sites for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
- Harvest or collect information about users of the HelloMD Sites.
- 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.
- Restrict or inhibit any other person from using the HelloMD Sites.
- Reverse engineer, decompile, or disassemble any portion of the HelloMD Sites, except where such restriction is expressly prohibited by applicable law.
- Remove any copyright, trademark, or other proprietary rights notice from the HelloMD Sites.
- 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.
- Systematically download and store any Materials.
- 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.
- Cause injury to any person or entity.
- 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
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.
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 firstname.lastname@example.org
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.
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 email@example.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.
Links to and from Third-Party Sites and Social Media
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.
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.
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.”
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.
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.
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.
If you have any questions or comments, please contact us at firstname.lastname@example.org or by mail at the following address: 125 E Sir Francis Drake Blvd, STE 200, Larkspur, CA, 94939.
Ondello, Inc. © 2019. All Rights Reserved.