DO NOT USE THIS WEBSITE TO COMMUNICATE OR MANAGE MEDICAL EMERGENCIES. IF YOU THINK YOU ARE EXPERIENCING A MEDICAL EMERGENCY YOU SHOULD CALL 911 IMMEDIATELY OR SEEK OTHER APPROPRIATE MEDICAL ASSISTANCE.
Not Medical Advice
The information on this Website, including texts, graphics, images, or other material, is for informational purposes only and may not be appropriate or applicable for your circumstances. This Website does not provide medical, professional, or licensed advice and is not a substitute for consultation with a health care professional. You should seek medical advice from a qualified health care professional for any questions. Do not use this Website for medical diagnosis or treatment. None of the content on this Website represents or warrants that any particular device, procedure, or treatment is safe, appropriate, or effective for you. To the extent that Personal MD provides any explicit or implied recommendation of any particular product or service, such recommendation is only a general recommendation that is not specific to any particular person or illness.
Your reliance on any information on this Website is solely at your own risk. Personal MD makes no representation or warranty, express or implied, and assumes no responsibility or legal liability for the accuracy, completeness, timeliness, or quality of any information on this Website. We reserve the right to withdraw or amend this Website, and material we provide on the Website, in our sole discretion without notice.
This Website is intended for use by adults who are 18 years of age or older. By accessing or using the Website, you represent and warrant that you are at least 18 years of age.
Based in the U.S.
Personal MD is located in the United States (U.S.), and this Website is intended only for use by individuals in the U.S. and is not targeted to non-U.S. residents. Personal MD makes no representations that the information or materials on or linked through the Website are appropriate or available for use in other locations. Those who choose to access or use the Website from other locations do so on their own initiative and at their own risk and are responsible for compliance with all applicable laws, rules, and regulations in their respective location in doing so. By submitting your personally identifiable information on the site, you consent to the transfer to and processing of such data in the U.S. This Website is not intended to subject Personal MD to any non-U.S. jurisdiction or law. If you believe you are entitled to any additional rights under any non-U.S. laws or regulations, please contact us at legal[at]personalmd.net
Changes to Website and Terms
Intellectual Property Ownership
Subject to your compliance with these Terms, Personal MD grants you a nonexclusive, personal, nontransferable, revocable, and limited license to view the content of this Website. The materials on this Website, including all website design, text, graphics, information, trademarks, service marks, trade names, photographs, testimonials, videos, content or other materials displayed on or that can be downloaded from this Website, belong to us or a third party licensor to us and are protected by the U.S. and international copyright and other intellectual property laws. You may email, download, or print a reasonable number of copies of the materials on this Website for your personal, noncommercial use. When you email, download, or print a copy of the materials on this Website, you must also include all copyright, trademark, and other proprietary notices that are in the materials. You may not post material from this Website on any other site without our prior written permission. You may not publish or broadcast material from this Website without our prior written permission. You may not modify the information or materials located on this Website in any way. You may not reproduce or publicly display, perform, or distribute or otherwise use any materials or information on this Website for any public or commercial purpose. You may not remove, obscure, or otherwise deface proprietary notices appearing on any content, including copyright, trademark, or other intellectual property notices.
All rights, title and interest in and to the Website, including all content, and all intellectual property rights, including all copyright, trademark, patent, and trade secret rights therein will remain with Personal MD, and our licensors, partners, contributors and vendors, and no ownership interest is transferred to you or any other entity by virtue of making the content available on the Website or granting the foregoing licenses.
Restrictions on Website Use
Personal MD reserves the right to terminate access to any or all features of the Website at any time, for any reason. We may take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
User’s Password Responsibilities
This Website may allow you to create a user account. If you make your log-in information available to others, they will be able to view the information available to you and communicate with other users as if they were you. You are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or log-in credentials. Personal MD reserves the right to refuse service, terminate accounts or credentials or remove or edit content at any time with or without notice.
No Endorsement of Health Care Providers
This Website may provide a directory feature or similar tool to help you locate a doctor or other provider (collectively “Health Care Provider”). Such features and tools are provided without cost to you and as a courtesy only. Personal MD does not recommend or endorse any particular Health Care Provider listed within such a feature or elsewhere on this Website. Such information is intended for use as a general information resource only. Further, Personal MD does not investigate or verify any of the information provided by a Health Care Provider upon enrollment in any directory feature. Contact or other information, including background, education, licensure, the scope of practice, or clinical expertise, regarding a Health Care Provider may be incomplete, inaccurate, or out of date. The Health Care Providers that may be listed through the use of this feature on our Website are not the agents, employees, or partners of Personal MD or any of Personal MD’s affiliates or subsidiaries. Personal MD does not control the clinical treatment provided by any such Health Care Provider, and Personal MD is not responsible or liable for any relationship between you and any Health Care Provider. You should conduct your own research before selecting a Health Care Provider. Selecting a Health Care Provider from a directory feature on the Website is not a substitute for a thorough investigation of the Health Care Provider’s professional degree and training, clinical experience, the scope of practice, and insurance reimbursement options. Although this Website may include comments or endorsements from Health Care Providers, we also do not endorse Health Care Providers providing an endorsement, comment, or other content. In no event will Personal MD be liable to you for any direct, indirect, special, or other consequential damages arising out of the use or inability to use any directory feature on our Website, including, without limitation, any losses, damages, liabilities, or claims that may result from receiving care from a Health Care Provider whose name or other information appears on this Website.
For Health Care Providers
It is a condition of your inclusion in any directory feature or similar tool on the Website that the information you provide to be used in such directory is correct, current and complete, and a true and accurate representation of your qualifications and skills. By submitting information to Personal MD for use in any directory feature and for the duration such information is publicized in any directory feature, you represent and warrant that you: (a) are a licensed medical professional; (b) you have the right to publish such information as submitted, and (c) you have the right to advertise your services using the information you submitted. You grant Personal MD a perpetual, unrestricted, sublicensable, assignable, worldwide, royalty-free license to use, reproduce, display, perform and prepare derivative works from any information you submit to Personal MD for inclusion or use in any directory feature. Personal MD is not liable to you for any direct, indirect, special, or other consequential damages arising out of your submission of information to or use of any directory feature on our Website, including, without limitation, any losses, damages, liabilities, or claims that may result from how your information appears on this Website.
Your Comments, Postings, and Ideas
If you transmit any ideas, information, concepts, know-how or techniques or materials to us through this Website, you hereby grant us a perpetual, unrestricted, sublicensable, assignable, worldwide, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit, create derivative or collective works, and distribute them in any medium, in whole or in part, including all intellectual property rights therein, and agree that we are free to use them for any purpose.
Links to Other Websites
Donations; Receipt of Funds
To make a donation via the Website, you may be asked to supply certain relevant information, including your credit or payment card number and expiration date or similar payment information, your billing address, and shipping information. You represent and warrant that you have the right to use any credit or payment card or another payment mechanism that you submit in connection with a donation and that you have all authority necessary to make a donation using the credit card or payment mechanism that you submit. By submitting such information, you grant Personal MD the right to provide such information to third parties for the purposes of facilitating your donation. You acknowledge and agree that Personal MD is not responsible for how any third party credit card or other payment method processor transmits, stores, uses, or shares your information.
Payment and Cancelation
Portions of the Website or App may permit you to “Subscribe” or make other payments or donations. For subscriptions, you may provide notice of subscription cancelation at any time. Your subscription cancelation notice is effective upon the first day of the next monthly billing period, and you will continue to have access to the applicable content for the current monthly billing period. Monthly fees are paid in advance and are non-refundable. We do not provide partial refunds for portions of a month, even if you give notice of cancelation in the middle of a month. For example, if you sign up and pay for a subscription on 6/21, you will have access until 7/21 when you will be billed again unless you have canceled. As such, if you cancel on 6/22, you will not be charged again but will have access for that entire period you paid for. If you cancel on 7/22, you would have been charged the day before, but again will have access until 8/21. No refunds are available in these or any other situation.
While we take reasonable measures to protect your information, we cannot give an absolute assurance that all information will remain secure. Under certain circumstances, it is possible that third parties may be able to intrude on the server and view your information, or view such information in-transit over the Internet and/or through email or other methods. By submitting information to Personal MD, you agree that you are aware of these risks. If you do not wish to submit your information electronically, do not do so; however, in such a case, you may not be able to make use of the full functionality of this Website. You agree that Personal MD is not responsible or liable for any consequence of illegal acts by third parties, including but not limited to hacking or similar crimes.
Communicating with You
You agree that we may communicate with you through any and all contact information and methods you provide to us, including but not limited to text message, email, telephone, social media account, fax, and/or postal mail.
DISCLAIMER OF WARRANTIES, INDEMNIFICATION, AND LIMITATION OF LIABILITY
TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, THIS WEBSITE DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THIS WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT REPRESENT OR WARRANT THAT THE CONTENT OF THIS SITE IS FREE OF VIRUSES, WORMS, OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. USERS ARE RESPONSIBLE FOR PROTECTING THEMSELVES BY INSTALLING, UPDATING, AND RUNNING ANTI-VIRUS PROGRAMS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, CURRENCY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING THIS WEBSITE OR ANY INFORMATION PUBLISHED ON THIS WEBSITE.
BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU, YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES, WILL THIS WEBSITE, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS WEBSITE OR YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THIS WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, ARISING UNDER THE THEORY OF LAW, STATUTE, REGULATION, OR RULE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, ACCESS, REVENUE OR PROFITS, OR PERSONAL INJURY/WRONGFUL DEATH. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER BASES AND EVEN IF AN AUTHORIZED REPRESENTATIVE OF THIS WEBSITE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN THE OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES AGREE THAT THE LIMITATIONS IN THIS SECTION ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Personal MD. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).
SOME STATES DO NOW ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THIS WEBSITE AND/OR ITS AFFILIATES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED TEN DOLLARS ($10.00) U.S. DOLLARS.
Governing Law and Statute of Limitations
Any claims relating to, and the use of, this Website are governed by the laws of the State of California, without giving effect to any choice or conflict of law provision or rule.
For enforcement of any arbitration award, or in the event arbitration is not permitted or required, then for any claim or action that may be submitted to any court, by using this Website, you consent to personal jurisdiction in the federal and state courts of California, which will have exclusive jurisdiction for any action arising out of or relating to this Website or your use of this Website. Such claim or actions shall be instituted exclusively in the federal or state courts located in the City of San Diego, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Before seeking any legal remedy for any harm you believe you have suffered arising from or related to your use of this Website, you agree to inform us in writing and give us 30 days to cure the harm before initiating any action. You must indicate any cause of action within one (1) year after the claim has arisen, or you will be barred from pursuing any cause of action.
No Class Actions
Contact Information & Notices
We may deliver notices to you by electronic mail, social media account, or similar platform, a general notice on this Website, or by written communication delivered by First-Class U.S. Mail to your address on record with us.
This Website is operated by Personal MD Family Healthcare, P.A., 2770 Virginia Pkwy, #301, McKinney, Texas, 75070.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to legal[at]personalmd.net