Terms of Agreement
The following Terms of Agreement (“Terms”) are the terms of a legal agreement between you and MDbackline, LLC. The website we operate at www.mdbackline.com, including all pages therein, is referred to as the “Site”. By accessing or using this Site, you acknowledge that you have read and agree to be bound by these Terms and to comply with laws applicable to your use of the Site. If you do not agree to these terms, you may not use this Site.
Parties to this Agreement
These Terms are between you, if you access, visit, or use the Site, and MDbackline, its successors, affiliates and assigns (“MDbackline”). These Terms apply to (a) visitors and users of the public portion of this Site, (b) patients, caregivers, or others who use the private portion of the Site available for patients to interact with health care providers, or (c) healthcare providers or others who use the private portions of the Site available for use by health care providers.
Updates to these Terms
We may update these Terms at any time and, if so, we will post the new effective date below. We expect most changes to be only editorial in nature or reflect changes in the services we offer. In the unlikely event that we would ever make changes that would materially disadvantage you, we would post an announcement on this Site prior to the effective date of the change. Your continued use of the Site after the effective date of the change would constitute your consent to the updated Terms. This same policy regarding updates also applies to our Privacy Statement, which is hereby incorporated into these Terms by reference.
We will be pleased to communicate with you by email and respond to your inquiries and comments submitted through our Site. However, if you communicate with us through the public portion of this Site or via unsolicited email, you should not send confidential or sensitive information. We will endeavor to respond to inquiries submitted through email or our online form but accept no liability for failure to do so.
If you use the private portion of the Site to engage in patient-provider communications, all information submitted is subject to HIPAA and your provider’s Notice of Privacy Practices, as explained above.
Materials on this Website
The materials on this Site and any related links are for general information purposes only and are provided “AS IS.” They are not intended as and should not be construed as advice or guidance. The posting and updating of this Site, and the transmission of information through this Site, is not intended to and does not create a business or professional relationship. Such communications will not be treated as confidential.
If you use the private portion of the Site to engage in patient-provider communications, you are engaging in a two-way exchange of information between providers and patients. If so, you acknowledge and agree that MDbackline only serves to transmit this information between patients and providers, is not providing medical advice, is not endorsing any product, practice, or service, and disclaims all assurances, warranties, and liability, as explained below under “No Practice of Medicine”, “No Assurances or Warranties” and “Limitation of Liability.”
No Practice of Medicine
You understand and agree that we are not engaged in the practice of medicine, either through the Site or any associated communications or services, and that the Site is not a substitute for professional medical advice, diagnosis, or treatment. You are encouraged to seek professional diagnosis and treatment for medical conditions. YOU AGREE THAT WE HAVE NO RESPONSIBILITY TO PROVIDE MEDICAL ADVICE OR TAKE ANY MEDICALLY RELATED ACTION IN RESPONSE TO ANY INFORMATION YOU PROVIDE ON OR THROUGH THE WEBSITE. We do not recommend or endorse any specific devices, wearable equipment or technologies, physicians or other providers, clinical studies, treatments, tests, procedures, opinions, products, or other information that may appear on the Site or on links reached through the Site.
No Assurances or Warranties
The information on this Site is not guaranteed to be correct, complete or up-to-date, and it is subject to change without notice.
WE PROVIDE THE SITE "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES OR GUARANTEES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SITE AND RELATED COMMUNICATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES THAT THE SITE OR ASSOCIATED COMMUNICATIONS ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE EXPRESSLY DISCLAIM ALL LIABILITY TO ANY PERSON REGARDING THE CONSEQUENCES OF ANYTHING DONE OR OMITTED TO BE DONE WHOLLY OR PARTLY IN RELIANCE UPON THE USE OR CONTENTS OF THE SITE. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE OR ASSOCIATED COMMUNICATIONS AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ASSOCIATED COMMUNICATIONS WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS.
Limitation of Liability
IN NO EVENT SHALL MDBACKLINE, ITS OFFICERS, EMPLOYEES OR AGENTS, OR CONTRIBUTORS TO THIS SITE BE LIABLE FOR ANY LOSS OR INJURY, OR ANY DAMAGES, WHETHER DIRECT, SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR OTHERWISE, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, RESULTING FROM OR OCCASIONED BY YOUR ACCESS TO OR USE OF THIS SITE OR ASSOCIATED COMMUNICATIONS. THIS LIMITATION APPLIES EVEN IF YOU ARE NOT FULLY COMPENSATED FOR ANY LOSSES, OR IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE LOSSES.
CERTAIN JURISDICTIONS LIMIT DISCLAIMERS OF WARRANTIES OR LIMITATIONS OF LIABILITY. IN SUCH JURISDICTIONS, YOU MAY HAVE ADDITIONAL LEGAL RIGHTS, AND THE PROVISIONS OF THESE TERMS WILL REMAIN IN EFFECT TO THE FULLEST EXTENT PERMITTED BY LAW.
No Unlawful or Prohibited Use
As a condition of using the Site, you agree that you will not use the Site or associated communications in any way that is prohibited by law or these Terms. These prohibitions include, but are not limited to, the following:
• You must not use the Site in any way that may damage, overburden, or impair the Site or its availability, or in any way that is illegal, fraudulent or harmful or related to any illegal, fraudulent or harmful activity.
• You must not attempt to use the Site, email, any MDbackline online form, or any other method or technology to gain unauthorized access to any MDbackline data or systems or any other data or systems. This includes any attempt to log into the Site or any MDbackline data or systems using the credentials of another person.
• You must not use the Site or email to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any malicious computer software, including viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
• You must not take any action to interfere with, damage, or disrupt any part of our Site or service.
• You must not copy, modify, distribute, sell or lease any part of the Site or its content or its software, nor may you reverse engineer or attempt to extract the source code of that software.
• You must not modify our copyright/trademark or other proprietary rights notices, or interfere with the security-related features of our Site (e.g., those that prevent or restrict copying Site content).
• You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to our Site.
• You must not use the Site for any purposes related to marketing or any other commercial or organizational purpose without our prior express written consent.
• You must not engage in any conduct that restricts or inhibits any other user from using or enjoying our Site. • You must not use our Site to send, knowingly receive, upload/post, download, any material which does not comply with our content standards or Terms.
We reserve the right in our sole discretion and at any time to terminate or suspend your account and/or block your access to the Site for any reason, including that we believe, in our sole discretion, that you have failed to comply with the letter and spirit of these Terms. You agree that we shall not be liable to you or any third party for any termination or suspension of your account or for blocking your access to the Site.
Any suspension or termination of your access to the Site or account shall not affect your obligations to us under these Terms. The provisions of these Terms which by their nature should survive the suspension or termination of your account or these Terms shall survive including, but not limited to the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, dispute resolution and no class action.
Possible Legal Actions Against You
You understand that we may pursue legal remedies against you if you violate these Terms. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MDBACKLINE, ITS OFFICERS, EMPLOYEES OR AGENTS, OR CONTRIBUTORS TO THIS SITE FROM ALL CLAIMS, LIABILITY, FINES AND PENALTIES, AND COSTS (INCLUDING ATTORNEYS’ FEES) ARISING FROM YOUR USE OF THE SITE THAT VIOLATES THESE TERMS.
Intellectual Property Rights
Subject to applicable law, we or our licensors (people or entities from whom we license content) or business partners own the intellectual property rights in the Site and materials on the Site, including any derivative works or enhancements of the same. You must not:
• Republish or repost material from the Site.
• Sell, rent, or sub-license material from the Site. or
• Copy or otherwise exploit material on the Site for a commercial purpose.
MDbackline, www.mdbackline.com, and our logo are trademarks belonging to us. We give no permission for the use of these trademarks, and any such use may constitute an infringement of our rights. Other trademarks or service marks on our Site are the property of their respective owners. Unless otherwise stated, we do not endorse and are not affiliated with any of the holders of such rights and we cannot and do not grant any license to exercise such rights. Any intellectual property rights not expressly granted in these Terms are reserved.
Subject to the protections and limitations described in our Privacy Statement, if you post content on the public portions of our Site you grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your posted content in any media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, please email us at firstname.lastname@example.org. The requirements for what you must include in your notice are in the Digital Millennium Copyright Act, 17 U.S.C. § 512.
If you have a complaint, question, or dispute (collectively, “dispute”) regarding the Site, you are encouraged to bring it to our attention. You may write to us at email@example.com and we will try to address your concerns. If we are unable to resolve a dispute ourselves, any dispute relating in any way to the Site shall be submitted to confidential arbitration in Orange County, California, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any federal or state court. Arbitration under these Terms shall be conducted in accordance with the prevailing rules and procedures of the American Arbitration Association, with each party being responsible for its own costs and fees, and the joint costs of arbitration being shared equally by the parties. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, no arbitration or claim under these Terms may be joined to any other arbitration or claim, including any arbitration or other legal proceeding involving any other current or former user of the Site, and no class action proceedings will be permitted.
By agreeing to arbitration in these Terms, you understand and agree that you are relinquishing (i) any right to pursue claims or have disputes resolved in a court of law, (ii) any right to compulsory discovery, and (iii) any right to the appeal of any adverse arbitration decision.
You agree that, regardless of any law or statute, any claim or cause of action you may have against us must be brought within one year after the claim or cause of action arises or is known or should reasonably have been known to you, or the claim or cause of action will be forever barred.
NO CLASS ACTIONS
TO THE EXTENT ALLOWED BY LAW, YOU WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
If for any reason any court or arbitrator holds that this class action waiver or restriction is unconscionable or unenforceable, then the agreement to arbitrate contained in these Terms does not apply and the class-wide dispute must be brought in court in Orange County, California, subject to the laws of Delaware, as described herein.
Any failure or delay by either party to enforce any part of these Terms will not constitute a waiver of that party’s rights under these Terms. We have no responsibility for any third-party websites not operated by us to which our Site may be linked. These Terms constitute the entire agreement between you and MDbackline with respect to the use of the Site and its contents and associated communications and actions. You may not assign these Terms or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. All matters relating to the Site will be governed by the laws of Delaware, without regard to conflicts of law provisions. If you have any questions about these Terms, please email us at firstname.lastname@example.org.
The effective date of these Terms is June 1, 2015.