TERMS OF SERVICE: 10.23.2021
Terms of Service
We hope you enjoy using Medblue! Do you want to read the fine print? No worries, here you go!
PLEASE READ THESE TERMS CAREFULLY BEFORE BROWSING OUR SITE OR USING OUR SERVICES. The following terms and conditions constitute an agreement between you and Medblue, LLC (“Medblue”, “we”, or “us”), the operator of Medblue.com (the “Site”). These terms of use (the “Terms ofUse”) govern your use of the Site, both as a casual visitor and as a registered member. BY USING THESITE, AND/OR BY REGISTERING WITH US AS A MEMBEROR PARTICIPATING PROVIDER(COLLECTIVELY, A “MEMBER”), YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF USE, including that you consent to (i) the information practices disclosed in our Privacy Policy, which isincorporated herein by reference, and (ii) resolve any dispute that you may have with us or the Site in the State of Florida. Please note that we offer the Site "ASIS”without warranties. If you are registering an account to become a Member or using the Site on behalf of an individual or entity Member other than yourself, you represent that you are authorized by such individual or entity to accept these Terms of Use on such individual's or entity's behalf.
1.IF YOU DO NOT AGREE TO THESE TERMS OR USE OFOUR PRIVACY POLICY, YOUMUST NOT ACCESS OR USE THE SITE OR OUR SERVICES. THESE TERMS CONTAIN ADISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASSACTION WAIVER THAT AFFECTS YOUR RIGHTS WITH RESPECT TO DISPUTES YOUMAY HAVE WITH US. Eligibility
You must be 18 years of age or over, or the legal age to form a binding contract in your jurisdiction if thatage is greater than 18 years of age, to register as a Member with us or use the Site and the Services. If you are between the ages of 13 and 18 or the applicable legal age in your jurisdiction, you can use the Site or Services only in conjunction with, and under the supervision of, your parent or guardian whohas agreed tothe Terms of Use. If you are under the age of 13, you may not use the Site orServices, in compliance withthe Children's Online Privacy Protection Act. If you are the parent or legal guardian of a child under theage of 18, you may use the Site or Services on behalf of such minor child. By using the Site or Services on behalf of aminor child, you represent and warrant that you are the parent or legal guardian of such childand that all references in these Terms of Use to "you" shall refer to such child or such other individual forwhom you have authorization to enter into these Terms of Use on their behalf, and you in your capacity asthe parent or legal guardian of such child or as the authorized party of such individual. If you do not qualifyunder these terms, do not use the Site or Services. Membership in the Services is void where prohibited byapplicable law, and the right to access the Site is revoked in such jurisdictions. By using the Site and/or theServices, you represent and warrant that you have the right, authority, and capacity to enter into these Termsof Use and toabide by all of the terms and conditions set forth herein. The Site is administered in the U.S. and intended for U.S. users; any use outside of the U.S. is at the user’s own risk and users are responsiblefor compliance with any local laws applicable to their use of the Services or the Site.
2. About the Site
Everything we offer on the Site is referred to in these Terms of Use collectively as the "Services." Someofthe Site’s Information (as defined below) is viewable without registering with us. However, in order to storeyour information or actively participate in making an appointment with a health care professional, you firstmust register as aMember and then authorize the use and disclosure of your personal and health informationfor purposes of allowing us to provide the Services and as otherwise disclosed in our Privacy Policy, all asfurther described below. Making an appointmenton our applicationsmayrequireupfrontpayment for theServices with a credit card. We do not store credit cards within our databases. Stripe.com, which is Payment2Card Industry compliant, handles all the credit card and financial transactions by offering a token that weaccess on our site in order to capture the credit card charge on our side.
3. We Do Not Provide Medical Advice
You acknowledge the content, text, data, graphics, images, information, suggestions, guidance, and other material that you obtain or receive from Medblue and its employees, contractors, partners, sponsors,advertisers, licensors or otherwise on the Site (collectively, “Information”) is for informational and scheduling purposes only. WE DO NOT PROVIDE MEDICAL ADVICE. THE INFORMATIONPROVIDED ON THE SITE IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE,PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD,AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTH CAREPROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE. DO NOTUSE THE SITE FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICALEMERGENCY PLEASE CALL 911 IMMEDIATELY. YOUR USE OF INFORMATION PROVIDEDON THE SITE IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITEOR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKENTO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OFMEDICAL CARE. We do not recommend or endorse any specific physicians, tests, procedures, opinions, or other information that mayappear on the Site. If you rely on any of the Information provided by the Site, you do so solely at your own risk.
4. No Doctor Patient Relationship
NO LICENSED HEALTH CARE PROFESSIONAL/PATIENT RELATIONSHIP IS CREATEDBETWEEN THE USER ANDMEDBLUEBY USING INFORMATION PROVIDED BY OR THROUGHTHE USE OF THE SITE INCLUDING, BUT NOT LIMITED TO, THE “FIND A DOCTOR” FEATURE,LINKS TO OTHER SITES OR ANY ASSISTANCE WE MAY PROVIDE TO HELP YOU FIND ANAPPROPRIATE HEALTH CARE PROFESSIONAL OR SPECIALIST IN ANYFIELD. WE MAKE NOGUARANTEES, REPRESENTATIONS,OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED,WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK,OROTHER INFORMATION HEREIN. WE SPECIFICALLY DISCLAIM ANY WARRANTIES EXPRESSOR IMPLIED REGARDING FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THEINFORMATION. FURTHER, WE DO NOT IN ANY WAY ENDORSE OR RECOMMEND ANYINDIVIDUAL DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONEELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCHINFORMATION. We have no control over, and cannot guarantee the availability of, any physician at anyparticular time. We will not be liable for cancelled or otherwise unfulfilled appointments or any injury resulting there from, or for any other injury resulting from the use of the Site or Services whatsoever. Youare strongly advised to perform your own investigation prior to selecting a health care professional bymaking confirming telephone calls to the appropriate licensing authorities to verify listed credentials and education, and to further verify information about a particular physician or medical provider by confirming with such doctor’s office, your current physician, the medical association relative to the doctor’s specialty and your state medical board.
5. Authorization and Acknowledgement
In connection with using the Site and the Services to locate and schedule appointments with health care professionals, you understand that: you are not paying Medblue for the Services; Your payment is going to the health care professional; you must pay for the Services using a credit card; Physicians or medical providers will agree to have a professional profile with information they have provided voluntarily; Physicians or medical providers may pay a fee to Medblue for Services; Medblue will provide you with a list of physicians or medical providers who may deliver the health care that you are seeking based on (i)the information the physician or medical provider provides to Medblue(such as their specialty, times they are available, services they offer, and price they are willing to accept for that service), and (ii) the information you provide to Medblue (such as proximity to your geographical location, specialty of the physician or medical provider, and additional criteria that you specify); you are ultimately responsible for choosing your own physician or medical provider; Medblue may also provide you with lists or profile previews of featured physicians or medical providers based on certain criteria (for example, specialties/procedures performed by those physicians or medical providers, proximity to your geographical location, past selections by and/or ratings of physicians or medical providers by you or by otherMedblue users, past experiences of Medblue users with physicians or medical providers, etc.); but Medblue(i) does not recommend or endorse any physicians or medical providers, and (ii) does not make any representationsor warranties with respect to these physicians or medical providers or the quality of the healthcare services they may provide; and Medblue will delete any data or information you provide on the Medblue site in accordance with its Privacy Policy.
6. Editorial Control
Medblue does not screen its users or verify user information communicated through our Site or Services, although we have the right to monitor such information. It is your responsibility to ensure your informationis truthful and accurate. We may, but have no obligation to, have nonuser-posted information reviewed by the Site’s editorial personnel. IT IS IMPORTANT TO NOTE, HOWEVER, THAT THE TIMELINESSAND ACCURACY OF ANY OR ALL OF THE INFORMATION IS NOT GUARANTEED. Neither the authors, the editorial personnel, nor any other party who has been involved in the preparation or publication of the Site or can assure you that the information contained herein is in any respect accurate or complete, and Medblue such authors or editorial personnel are not responsible for any errors or omissions or for theresults obtained from the use of such information. You are encouraged to independently confirm the Information contained herein with other sources.
PRACTITIONER INFORMATION: Physician and practice information found on the Site is intended forgeneral reference purposes only. Physician and other health provider information found on the Site is bothself-reported, by the physician and/or office staff, and collected from multiple other data sources that maynot be confirmed by the physician. Such information often changes frequently and may become out of dateor inaccurate. Neither the Site nor Medblue provides any advice or qualification certification about anyparticular physician or provider. Our relationship with sponsors or physicians in a particular area is basedon criteria we establish. YOU ARE ENCOURAGED TO INDEPENDENTLY VERIFY ANY SUCHINFORMATION.
PROCEDURES/PRODUCTS/SERVICES: The procedures, products, services, and devices discussed and/or advertised within the Site are not applicable to all individuals, patients, or all clinical situations. We make no claims as to the effectiveness of any such procedures, products, services,and devices. Any products and/or services represented on the Site by advertisers, sponsors, and other Site participants, either paid or unpaid, are presented for your awareness and do not necessarily imply appropriateness for any particular individual or prediction of effectiveness, outcome, or success. WE DO NOT RECOMMEND ORENDORSE ANY PARTICULAR PROCEDURE, PRODUCT, SERVICE, OR DEVICE.
7.Registration
You need not register with us to simply visit and view the Site. However, in order to access certainpassword-restricted areas of the Site and to use certain Services, you must become a Member. Eachmembership and the rights and privileges provided to a Memberarepersonal and non-transferable.As partof the registration processto become a Member, you will providea user account usingan email addressand create a password. These are your credentials for accessing the Services that are only available tomembers ("Credentials").You are responsible for maintaining the confidentiality of your Credentialsandfor all activities that occur using your Credentials. You agree not to share your Credentials, let others accessyour Credentials, or do anything else that might jeopardize the security of your Credentials.Youagree to4notifyus if your password has been hacked or stolenor if you know of any other breach of security inrelation to our Site. You may notify us by sending an email toteam@medblue.com.
8.Your Personal Information
In order to register as aMember, you must provide certain personal information about yourself, including,without limitation,your name, address (zip code, city, and state), and date of birth. If you submit suchinformation, you hereby authorizeMedblue, its employees, agents and others operating on its behalf, to useand/or disclose personal and health-related information about you, including, without limitation, your name,address, and contact information; medical and social history, current medical needs, and other informationthat is either requested byMedblueor volunteered by you ("Personal Information").All the informationthat you provide when applying to become a Member must be accurate, complete, and up to date. Onceyour membership is set up, you may change, correct, or remove any information from your user account byeither logging into your account directly and making the desired change or contacting us atteam@medblue.com.You may also choose to authorizeMedblueto share your Personal Information with physicians or medicalproviders. You have the right to refuse to authorize the use and/or disclosure of your Personal Information.However, if you choose to exercise this right, you may not be able to utilize some features of the Site. TheMedbluePrivate Policy explains the information practices that apply to Personal Information we have aboutyou, as well as any choices you can make about the ways your Personal Information isused. Please reviewit carefully.
9.Your Responsibilities
Any and all charges incurred as a result of services rendered by physicians profiled on the Site will beentirely your responsibility. You are responsible for all use of the Site and for all use of your Credentials,including use by others to whom you havegiven your Credentials. You may use the Site and the Servicesfor lawful, non-commercial purposes only. You may not use the Site in any manner that could damage,disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoymentof the Site or the Services. You may not attempt to gain unauthorized access to any of the Services, useraccounts, or computer systems or networks, through hacking, password mining or any other means. Withoutlimiting any of the foregoing, you agree that you shall not (and you agree not to allow or assist any thirdparty to):(i)copy, modify, adapt, translate, or reverse engineer any portion of the Site, its content ormaterials and/or the Services;(ii)remove any copyright, trademark orother proprietary rights noticescontained in or on the Site and/or the Services or in or on any content or other material obtained via the Siteand/or the Services;(iii)use any robot, spider, site search/retrieval application, or other automated device,process or means to access, retrieve or index any portion of the Site and/or the Services;(iv)access, retrieveor index any portion of the Site and/or the Services for purposes of constructing or populating a searchabledatabase of reviews related to the health care industry orhealthcare providers;(v)reformat or frame anyportion of the web pages that are part of the Site and/or the Services;(vi)fraudulently misuse the Servicesby scheduling an appointment with ahealthcare providerwhich you have no intention of keeping;(vii)create user accounts by automated means or under false or fraudulent pretenses;(viii)collect or storepersonal data about other users in connection with the prohibited activities described in this paragraph; (ix)stalk, harass, or harm another individual; or (x) impersonate any person or entity or otherwise misrepresentyour affiliation with a person or entity. In addition to our rights in these Terms of Use, we may take anylegal action and implement any technical remedies to prevent the violation of this provision and to enforcethese Terms of Use.
10.Changes to These Terms of Use
We may change these Terms of Use at any time as we deem appropriate. Upon any change in these Termsof Use, we will post the amended agreement on the Site. Your continued use of the Site and/or the Servicesfollowing such notification shall constitute youraffirmative acknowledgement of the Terms of Use, themodification, and agreement to abide and be bound by the Terms of Use, as amended. If at any time you5choose not to accept these Terms of Use, including following receipt of notification of any modificationshereto, then please do not use the Site.
11.Links to Other Sites
The Site may include links to other websites, including links provided as automated search results. Someof these sites may contain materials that are objectionable, unlawful, or inaccurate. These links are providedfor your convenience only and do not mean that we recommend or endorse these sites or the products andservices they provide. You acknowledge and agree that we are not responsible or liable for theavailabilityof, or thecontent or accuracy of these other sites.Your use of those third-party sites is subject to the termsof use and privacy policies of each third-party site, and we are not responsible therein. We encourage youto review such third-party site terms of use and privacy policies.
12.Consent to Communication.
You authorizeMedblueand its affiliates, employees, contractors, and agents to contact you by telephone,any automatic dialing system, pre-recorded forms of voice/messaging systems, text messaging, or electronicmailfor any reason related to the Site or the Services, including without limitationwith respect toinformation and offers regarding our Services. You agree that you are not required to accept these termsas a condition of using the Site or the Services.
13.Additional Terms
Certain of the Services on the Site may have additional terms (such as policies, guidelines, and rules) thatwill further govern your use of that particular Service and supplement these Terms of Use. If you chooseto register as aMember for, or access, any such Services, you will be presented with any relevant additionalterms and conditions at that time. By using those Services, you agree to comply with such additionalguidelines and rules.
14.No Spam
You may not use contact information provided by our users or collaboratinghealthcare providers,or harvestsuch information for the purpose of sending, or to facilitate the sending, of unsolicited bulk communicationssuch as SPAM. You may not allow others to use your account to violate the terms of this section. We mayterminate your membership or access to the Site immediately and take other legal action if you or anyoneusing your Credentials violates these provisions.
15.Content You Post or Submit
You will have the opportunity to submit feedback regarding your experiences withhealthcare providerswho are listed on the Site, to submit inquiries concerning possible medical needs,and to participate in theother interactive and community features of the Site (collectively, “Posted Information”). It is importantthat you act responsibly when providing Posted Information. In providing feedback, please give clear,honest information about thehealthcare providerand your experiences, but do not use inappropriatelanguage, make gratuitous personal criticisms or comments or provide information that others could use todetermine your identity. Also,when participating in other interactive or community aspects of the Site,please do not post any information that another user orhealthcare providermay use to identify you as anindividual. However, please do include all relevant information in a concise manner to help us provide youwith a helpful response. We reserve the right to publish your Posted Informationas part of the Services andalso to remove your Posted Information for any reason we deem appropriate. We are not, however,responsible for any failure or delay in removing Posted Information. Keep in mind that the PostedInformation of others is simplytheiropinion and should not be relied on.You are solely responsible for any Posted Information that you submit, publish,or display on the Site ortransmit to otherMembers and/or other users of the Site; You may not post, distribute, or reproduce in anyway any copyrighted material, trademarks, or other proprietary information without obtaining the prior6written consent of the owner of such proprietary rights. You may not submit any content or material thatinfringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of anyparty; You may not provide any PostedInformationthat falsely expresses or implies that such content ormaterial is sponsored or endorsed byMedblue; You may not provide any PostedInformationthat isunlawful or that promotes or encourages illegal activity; You understand and agree thatMedbluemay (butis not obligated to) review and delete any PostedInformationthat in the sole judgment ofMedblueviolatesthese Terms of Use or which might be offensive, illegal, or that might violate the rights of, harm, or threatenthe safety of other users orMembers of the Site and/or other website users; You agree that you will onlyprovide PostedInformationthat you believe to be true and you will not purposely provide false ormisleading information; By posting PostedInformationon the Site, you agree to and hereby do grant, andyou represent and warrant that you have the right to grant,Medblue, its contractors, and the users andMembers of the Site an irrevocable, perpetual, royalty-free, fully sub-licensable, fully paid up, worldwidelicense to use, copy, publicly perform, digitally perform, publicly display, and distribute such PostedInformationand to adapt, edit, translate, prepare derivative works of, or incorporate into other works, suchPostedInformation. This license is non-exclusive, except you agree thatMedblueshall have the exclusiveright to utilize this license to the extent of combining your PostedInformationwith the PostedInformationof otherMedblueusers for purposes of constructing or populating a searchable database of reviews andinformation related to the health care industry;You may not post content that: is false or misleading;harasses or advocates harassment of anotherperson; involves the transmission of unsolicited mass mailingor "spamming"; violates the intellectual property or other rights of any person; is threatening, obscene,defamatory or libelous; or is pornographic or sexually explicit in nature.The following is a partial list ofthe kind of content and communications that are illegal or prohibited on/through the Site.Medbluereservesthe right to determine in all respects, content and communications it deems inappropriate for posting andmay elect not to post any content in its sole discretionMedbluereserves the right to investigate and takeappropriate legal action, in its sole discretion, against anyone who violates this provision, including, withoutlimitation, removing the offending communication from the Site and terminating the membership of suchviolators or blocking your use of the Services and/or the Site.
16.Your Use of Content
Except for PostedInformationthat you or any other visitors to the Site submit, all of the Informationavailable on or through the Services and/or the Site, including, without limitation, text, photographs,graphics and video and audio content, is owned by us and our licensors and isprotected by copyright,trademark, patent, and trade secret laws, other proprietary rights, and international treaties. Youacknowledge that the Services and any underlying technology or software used in connection with theServices containMedblue’s proprietary information. We give you permission to use the aforementionedcontent for personal, non-commercial purposes only and do not transfer any intellectual property rights toyou by virtue of permitting your use of the Services. You may print, download,and store Information fromthe Site for your own convenience, but you may not copy, distribute, republish (except as permitted in thisparagraph), sell, or exploit any of the content, or exploit the Site in whole or in part, for any commercialgain or purpose whatsoever. Except as is expressly and unambiguously provided herein,Medblueand itssuppliers do not grant you any express or implied rights, and all rights in the Site and the Services notexpressly granted byMedblueto you are retained byMedblue.
17.Disclaimer of Warranties
WE PROVIDE THE SITE AND THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “ASAVAILABLE”. WE MAKE NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUTLIMITATION, THOSE OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, ORANY OTHER WARRANTIES, OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUMEXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES,INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THESITE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES THAT THE SERVICES ARE7MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULARPURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTSTHAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE,RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEETHAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY ORTHROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WEARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS ORCOMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE SITE OR ANY OTHERDATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SITE. EXCEPT ASEXPRESSLY SET FORTH HEREIN,MEDBLUEMAKES NO WARRANTIES ABOUT THEINFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THESITE OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVEINFORMATION.MEDBLUEDOES NOT WARRANT THAT THE SITE OR THE SERVICES WILLOPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICESSOFTWARE OR SITE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHERHARMFUL ITEMS.
18.General Limitation of Liability
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE TERMINATIONOF YOUR MEMBERSHIP. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TOYOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THESERVICES OR THE SITE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATEROF: (A) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO UTILIZE THE SITE ORTHE SERVICES OR (B) $100. IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRDPARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL,CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITYTO USE, THE SITE AND/OR THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FORLOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILUREOR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR MEDICALMALPRACTICE OR NEGLIGENCE OF PHYSICIANS UTILIZED THROUGH USE OF THESERVICES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCHDAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSIONOR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, INSUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENTPERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTSWITH RESPECT TOCALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERALRELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW ORSUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IFKNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THEDEBTOR".
19.Termination
We may terminate and/or suspend your membership immediately, without notice, if there has been aviolation of these Terms of Use or other policies and terms posted on the Site by you or by someone usingyour Credentials. We may also terminate or suspend your membership for any other reason, includinginactivity for an extended period, but willuse commercially reasonable efforts toattempt to notify you inadvance of such termination or suspension.Medblueshall not be liable to you or any third party for anytermination or suspension of your access to the Site and/or the Services. Further, you agree not to attemptto use the Site and/or the Services after any such deletion, deactivation or termination. Sections3, 3, 4,5,6,8,14, 16, 17, 18, 19, 20 and 22 through 25 shall survive any termination or expiration of your membershipand these Terms of Use.
20.Indemnification
You agree to defend, indemnify, and hold harmless us, our employees,contractors, officers, directors,agents, parent, other affiliated companies, and suppliers, from all liabilities, claims, demands and expenses,including attorneys’ fees, made by any third party against any of us that arise from or are related to (a) youraccess to the Site, (b) your use of the Services, or (c) the violation of these Terms of Use by you or anythird party using your Credentials. The foregoing indemnification obligation does not apply to liabilities,claims,and expenses arising as a resultof our own gross negligence or intentional misconduct. You furtheragree to hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliatedcompanies, and suppliers, from all liabilities, claims, demands and expenses, including attorneys’ fees, withrespect to any medical malpractice or other personal injuries resulting from the actions of any physician ormedical provider in connection with your use of the Services.
21.Electronic Contracting and Notices
Your affirmative act of using this Site and/or registering as aMember for the Site or the Services constitutesyour electronic signature to these Terms of Use and your consent to enter into agreements with uselectronically.
22.Copyright Dispute Policy
Medbluehas adopted the following general policy toward copyright infringement in accordance with theDigital Millennium Copyright Act or DMCA (posted athttp://www.lcweb.loc.gov/copyright/legislation/dmca.pdf).The address of Medblue’s Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is provided at the bottom of this section.
Medblue Policy. It isMedblue’s policy to (a) block access to or remove material that it believes in goodfaith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, Members,or users; and (b) terminate or discontinueServicesto repeat offenders.
Procedure for Reporting Copyright Infringements. If you believe that material or content residing on oraccessible through the Site or the Services infringes a copyright, please send a notice of copyrightinfringement containing the following information to the Designated Agent listed below ("InfringementNotification"): A physical or electronic signature of a person authorized to act on behalf of the owner ofthe copyright that has been allegedly infringed; Identification of the copyrighted works being infringed;Identification of the material that isclaimed to be infringing including information regarding the locationof the infringing materials that the copyright owner seeks to have removed, with sufficient detail so thatMedblueis capable of finding and verifying its existence; Contact information about the notifier includingaddress, telephone number and, if available, email address; A statement that the notifier has a good faithbelief that use of the material is not authorized by the copyright owner, its agent, or the law; and A statementmade under penalty of perjury that the information provided is accurate and the notifying party is authorizedto act on behalf of the copyright owner.Upon Receipt of an Infringement Notification. Once an Infringement Notification is received by theDesignated Agent, it isMedblue’s policy: to remove or disable access to the material; to notify the contentprovider, Member or user that it has removed or disabled access to the material; and that for repeatoffenders,Medbluewill also terminate such content provider's,Member's or user's access to theServices.Procedure to Supply a Counter-Notice to the Designated Agent. If the content provider,Member or userbelieves that the material that was removed or to which access was disabled is either not infringing, or thecontent provider,Member or user believes that it has the right to post and use such material from the9copyright owner, the copyright owner's agent, or pursuant to the law, the content provider,Member or usermust send a counter-notice containing the following information to the Designated Agent listed below: Aphysical or electronic signature of the content provider,Member or user; Identification of the material thathas been removed or to which access to has been disabled and the location at which the material appearedbefore it was removed or disabled; A statement under penalty of perjury that the content provider,Memberor user has a good faith belief that the material was removed or disabled as a result of mistake or amisidentification of the material; and The content provider's,Member's or user's name, address, telephonenumber, and, if available, email address and a statement that such person or entity consents to thejurisdiction of the Federal District Court for the judicial district in which the content provider's,Member'sor user's address is located, or if the content provider's,Member's oruser's address is located outside theUnited States, for any judicial district in whichMedbluemay be found, and that such person or entity willaccept service of process from the person who provided the Infringement Notification.
Removal. If a counter-notice is received by the Designated Agent,Medbluemay send a copy of the counter-notice to the original complaining party informing that person that it will replace the removed material orcease disabling access to it in 10 business days. Unless the Designated Agent first receives notice from theoriginal complaining party that such party has filed an action seeking a court order to restrain the contentprovider, Member or user from engaging in infringing activity relating to the material onMedblue’s systemor network, the removed material may be replaced or access to it restored in 10 to 14 business days or moreafter receipt of the counter-notice, atMedblue’s discretion.
Address for Designated Agent. Please contactMedblue’s Designated Agent to Receive Notification ofClaimed Infringement at the following address: Copyright Designated Agent,Medblue, Inc. Email to: team@medblue.com
23.Entire Agreement
These Terms of Use and any supplemental terms, policies, rules and guidelines posted on the Site, includingthe Private Policy, constitute the entire agreement between you and us and supersede all previous writtenor oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall beconstrued in a manner consistent with applicable law to reflect, as nearly as possible, the original intentionsof the parties, and the remaining portions shall remain in full force and effect. The failure of Medblue to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such rightor provision. The failure of either party to exercise in any respect any right provided for herein shall not bedeemed a waiver of any furtherrights hereunder.
24.Choice of Law and Dispute Resolution
These Terms of Use shall be deemed to have been entered into and shall be construed and enforced inaccordance with the laws of the State of Florida as applied to contracts made and to be performed entirelywithin Florida, without giving effect to the state’s conflicts of law statute. Any controversy, dispute or claimarising out of or related to these Terms of Use or your use of the Site and/or the Services shall be settled byfinal and binding arbitration to be conducted by an arbitration tribunal in Miami-Dade County, Florida,pursuant to the rules of the American Arbitration Association. The arbitration tribunal shall consist of onearbitrator. The decision or award of the arbitrator shall be final, and judgment upon such decision or awardmay be enteredin any competent court or application may be made to any competent court for judicialacceptance of such decision or award and an order of enforcement. The parties agree that the arbitrator shallhave the authority to impose equitable and injunctive relief as well as to award monetary relief, as thearbitrator deems appropriate.Further, any claim or dispute arising from or related to the arbitrability ofthese Terms of Use, shall be decided by an arbitrator. The arbitrator shall limit any award to the limitationof liability contained inSection18.Each party shall bear its own attorneys’ fees and arbitration costs.Forthe avoidance of doubt, the arbitrator has no power to award punitive, exemplary, special, or consequentialdamages.ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF USE10ORMEDBLUE’S SITE OR SERVICES, INCLUDING ANY CLAIM UNDER TORT, DECLARATORYRELIEF, OR STATUTORY CLAIMS ARISING FROM THESE TERMS OF USE ORMEDBLUE’S SITE ORSERVICES MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, ANDCLAIMS OF MORE THAN ONE USER OR PERSON CANNOT BE ARBITRATED JOINTLY ORCONSOLIDATED WITH THOSE OF ANY OTHER USER OR OTHER PERSON, AND EACH WAIVES THERIGHT TO PARTICIPATE IN A CLASS ACTION.
25.Assignment
We may assignthese Terms of Useat any time to any parent, subsidiary, or any affiliated company, or aspart of the sale to, merger with, or other transfer of our company to another entity. You may not assign,transfer or sublicense these Terms of Use to anyone else and any attempt to do so in violation of this sectionshall be null and void.
If you have any questions about these Terms of Use or otherwise need to contactMedbluefor anyreason, please contact us at:team@medblue.com.