agree to be bound by all of these terms and conditions, do not use this Website or any service provided by the Company.
Code of Conduct
You agree not to use the Website Content or any service the Company provides in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes our policies, guidelines, rules or the terms and conditions of this Agreement. This includes, but is not limited to, the following: You will not post or transmit a message or information under a false identity for the purpose of misleading others or impersonating any entity, including, without limitation, any Company representative; engage in unauthorized use of a credit card; post or transmit information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or abusive to any person; post or transmit information that infringes or violates any of the intellectual property rights of others or the privacy or proprietary rights of others; attempt to disrupt the operation of our business through use of methods, including, but not limited to: viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding, spamming or any other programs which may damage the operation of another’s computing device or property; upload or transmit any unsolicited advertising, promotional materials, junk mail, spam, or any other form of solicitation, commercial or otherwise; use any of our tools and services in any manner that could damage, disable or impair our services or networks; attempt to gain unauthorized access to any user or Customer Accounts, or computer systems or networks, through hacking, password mining or any other means; use any robot, scraper or other automated or manual means to access any aspect of our website or equipment for any purpose; or, harvest or otherwise collect information about others, including names, addresses, or e-mail addresses; modify, reverse engineer, decompile, disassemble, or attempt to derive the source code of the Website, or assist any other person or entity in doing so.
You are responsible for maintaining the confidentiality of your Customer Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify the Company of any unauthorized use, or suspected unauthorized use of your Customer Account or any other breach of security. The company is not liable for any loss or damage arising from your failure to comply with the above requirements regarding your Customer Account. Termination
Nature of Content: Company is not a medical provider. The Website and Application are educational and informational and provided only as general information and are not to be used as medical or psychological advice, opinion, diagnosis, treatment or guarantee. The Website connects you with one or more licensed and independent medical practitioners (each, an “Independent Practice”) that utilizes the licensed and registered Company’s technology platform. The hiring, evaluation and credentialing of the providers and or physicians, as well as patient treatment and medical decisions, are the sole responsibility of the Independent Practice. The Company, as manager for the Independent Practice, bills and collects on behalf of the Independent Practice and for services you may receive, order or arrange through the Website or downloaded Application including Practice services. As such, Company may invoice you on behalf of the Independent Practice, for those services. You are responsible for the cost of any services received, ordered or arranged through Company or via the Website and or Application; and you agree that Company may charge your payment method on file with Company for any unpaid amounts due and payable to Company or the Independent Practices. The Independent Practice owns the medical records created while providing you medical services; however, as part of its management function, the Company may create, receive, maintain, or transmit the data consistent with its obligations as a business associate under HIPAA federal law.
Testimonials and Endorsements: Consumers generally may not be expected to achieve the same or similar results as others who have used our services and who have subsequently written or recorded video testimonials and endorsements. We post testimonials for informational purposes only and we do not claim that anyone will experience the same or similar results as mentioned in these writings or videos, nor do we claim that a significant number of consumers may obtain similar results. Results experienced by any one individual who has written a testimonial or endorsement, is not necessarily
what any given consumer should expect to experience. Any information that could be regarded as a testimonial or endorsement on the Website does not constitute a guarantee, warranty, or prediction by us regarding the outcome of any past, ongoing, or future conversation or interaction with you.
We have used reasonable efforts in collecting, preparing, and providing quality information and material but make no guarantee about the accuracy or adequacy of the Website or Application Content. The Website and Application is provided on an “as is” and “as available” basis. We do not provide any express warranties or representations. To the fullest extent permissible under applicable law, we disclaim any and all implied warranties and representations of any kind, whether express or implied, or statutory, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, and non-infringement. The Company (and its suppliers) make no warranty that the Website or Application will meet your requirements, or be available on an uninterrupted, timely, secure, or error-free basis. The Company makes no warranty or guarantee that the Website or Application will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. Should any applicable law require any warranties regarding the Website or Application, the Company hereby limits all such warranties to thirty (30) days from the date of first use.
The Company does not warrant nor does it guarantee that use of the Website or Application is the appropriate course of treatment for any individual’s particular health care problems or concerns. Communications on or through the Website or Application do not create client-professional relationships and these communications are not the subject to any privileges or confidentiality protections.
Limitation of Liability
(vii) any lost profits of Customers for spending time reading any articles or comments posted on the Website or Application, or (viii) any other matter relating to the Website or Application. You acknowledge that this paragraph shall apply to all content, merchandise and services (if applicable) available through the Website or Application. Your access to, and use of, the Website is at your own risk and you are solely responsible for any damage to your computer, device, system, or data should any occur. Some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, liability is limited to the fullest extent permitted by law.
Notwithstanding the above, our sole liability for any reason to you, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product or service purchased by you through the Website or Application or through any other website or source; provided, that any claims arising out of, or in connection with, your use of the Website or Application must be brought within one (1) year of the event giving rise to such action occurred. You understand and agree that your use of the Website or Application is predicated upon your waiver of any right to participate in a class action suit for any losses or damages resulting from your use of the Website or Application.
Assumption of Risks; Indemnification
You understand, acknowledge, and freely assume all risks, including psychological and emotional risks (whether or not foreseeable to us or you), relating to your access to and activities with respect to the Website, Website Content, Application or Application Content or relating to any activity, information, or service, provided by us or any of our agents or employees or agents. You assume personal responsibility for any injury or harm of any kind (including, but not limited to, psychological or emotional injuries), illness, damage, loss, claim, liability or expense, of any kind or nature, that your person or property may suffer arising out of or in connection with the Website, Website Content, Application or Application Content or use therein.
You recognize and confirm that in the event you incur any damages, losses or injuries that arise out of Company's acts or omissions, the damages, if any, caused to you are not irreparable or sufficient
to entitle you to an injunction preventing any exploitation of any website, property, product, program, either owned or controlled by Company, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any Company website, property, product, program, other content or any and all activities or actions related thereto. By accessing this Website, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected. In accordance with such waiver, if you are a resident of the State of Florida, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of section 1542 of the civil code of in the State of Florida, or any similar law of any state or territory, which provides as follows: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
If the Company believes, in its sole discretion, that any funds were earned under suspicious circumstances or that funds were derived from a suspect account, The Company will investigate the situation until an adequate resolution, as determined by the Company has been reached. Said investigations may require the involvement of certain third parties, including a bank or credit card company. The company will make commercially reasonable efforts not to exceed a ninety-day (90) hold on your account during an investigation. All payments require a payment authorization consent form within patients files. Any chargebacks will be fully investigated and will be the responsibility of the patient to fulfill any reimbursement to Company. Payments are charged immediately upon services and treatment rendered by our medical providers. There are no refunds, and no returns. You must contact the office to dispute any charges.
Copyright: Except as otherwise expressly stated, all Website Content is the copyrighted work of the Company or its third party content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Website Content is also the exclusive property of the Company and is protected by U.S. and international copyright laws.
You may download information from this Website and print out a hard copy for your personal use provided that you keep it intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not modify, copy, distribute, display, reproduce, sell, license, or create derivative works from any information or Website Content, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of the Company or any applicable third party suppliers. The use of Website Content by you is prohibited unless specifically permitted by the
If you believe that any Website Content on this Website violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please notify us immediately at firstname.lastname@example.org with all information necessary for us to consider and respond to your complaint. You may be asked to provide additional information and follow additional procedures for us to act on your complaint. Specifically, you may be asked to provide the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. We reserve the right to terminate the Customer Accounts of Customers who we conclude commit infringement. Please note
that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
Trademarks and Service Marks: Certain trademarks on the Website are the service marks and trademarks of the Company, its agents and consultants, or other licensees of the Company. The domain name for this Website, all page headers, graphics, and button icons are service marks, trademarks, logos, and/or trade dress of the Company. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Website without the prior written authorization of the Company.
Third Party Content
No Statement as to Accuracy: The Company has no editorial control or responsibility over the content included in the Website provided by third-party content providers. Therefore, any opinions, statements, products, services or other information expressed or made available by third party
suppliers or Customers on this Website are those of such third party suppliers or Customers, respectively. The Company does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party.
CAN-SPAM ACT Compliance: We are committed to being compliant with the "Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003" ("CAN-SPAM Act"), and email newsletters and correspondence received from us are intended to fully comply with the CAN-SPAM Act. In the event you receive an email from us that you do not believe is fully compliant with the CAN-SPAM Act, please contact us immediately at email@example.com You can click to unsubscribe or opt-out of email communications from Company at any time or reply by typing "unsubscribe" in emails you receive from us. However, you cannot opt-out from receiving all communications from us if you wish to subscribe to our service. If you opt-out or unsubscribe from all email from the Company while remaining a registered user or Customer, you will become ineligible for continuing receipt and or the use of our services.
Export: You agree that our services are subject to U.S. export controls and agree that you will comply with the same, and represent that you are neither located in a sanctioned country nor a prohibited person. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations.
or other representative proceeding, and may not consolidate one person’s claims with the claims of another person. The parties agree to keep the dispute in arbitration confidential. If any provision of this agreement is found to be invalid, said invalid provision shall be severed, and the remainder of this clause and agreement shall remain valid.
All calls are recorded for training purposes.
General: The performance of Company hereunder is subject to interruption and delay due to causes beyond its reasonable control including acts of God, acts of government, war, civil disorder, fire, power failure, equipment failure, labor dispute, inability to obtain necessary supplies, and the like. If any provision of this Agreement is determined to be invalid or unenforceable under any applicable law, it shall be deemed omitted and the remaining provisions shall continue in full force and effect. This Agreement may be modified only in writing authorized by the Company. The Company's waiver of any right shall not constitute a waiver of that or any other right in the future.
Survival: Notwithstanding any provision in this Agreement to the contrary, the following provisions shall survive termination or expiration of the Agreement: Disclaimer; Limitation of Liability; Assumption of Risks; Indemnification; Intellectual Property; Third-Party Content; Miscellaneous Terms.
How to Contact Us
Take 2 Medical
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