Terms of Agreement

Agreement to Terms of Use

By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, which constitute a binding legal agreement between you and GoMDUSA. If you do not agree to these Terms, you may not access or use the Services.

Please read the following Terms carefully. Your use of the Services constitutes your agreement to be bound by all terms.

By checking the "I Agree" box for GoMDUSA's Terms of Use, you are agreeing to all terms as included below and that such action constitutes your legal signature and acceptance. No waiver by GoMDUSA of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of GoMDUSA to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

This Agreement is divided into two parts. Part One explains all of the terms that govern your use of the Services. Part Two contains additional legal terms, including provisions that limit our liability to you and require individual arbitration for any potential legal dispute. To use the Services, you must accept all of the terms of this Agreement.

If you disagree with one or more of these terms or find them unacceptable in any way, please do not use the Services. You understand that by checking the "I Agree" for these Terms and/or any other forms presented to you.

Changes to Terms of Use

We reserve the right to make changes or additions to this Agreement at any time by posting the updated terms on GoMDUSA' websites and mobile applications. Continued use of the Services following the publication of any changes to the terms signifies your acceptance of these updated terms.

Part One: Terms Governing Use of the Services

Emergencies

The GoMDUSA Services should not be used in emergency situations. In case of an emergency or if someone may be at risk of injury or death, or if someone may harm themselves or another person, the emergency services should be contacted immediately by dialing "911" or the appropriate emergency responder. GoMDUSA is not responsible for monitoring or responding to any communications made through the Services.

Age Limitations

The Services are intended for use by individuals 18 years of age or older. Children under the age of 18 are not allowed to use the Services. Some of the content on the Services may not be suitable for children. GoMDUSA assumes no responsibility for use by individuals under the age of 18.

Materials on Services are Not Professional Advice

The materials available on the Services are for general informational and educational purposes only and should not be considered as professional medical advice. The information provided on the Services should not be used for diagnosis or treatment of any condition or symptom. It is important to consult a qualified healthcare provider for specific questions or concerns. Any personalized content sent by a healthcare provider within the Services or advice given during a video visit should be considered as professional medical advice. Do not disregard professional advice or delay seeking treatment based on the information provided on the Services or other linked sites.

Your Privacy and Security

By accepting these Terms, you confirm that you have read, understood, and agreed to GoMDUSA's Privacy Policy and Notice Regarding Information in Your Medical Record. We have implemented security measures to protect your personal information, but we cannot guarantee that unauthorized parties will never be able to access it. You acknowledge that you provide your information at your own risk. By creating an account and providing your information during registration, you agree to receive electronic or telephonic communications from us, such as emails, text messages, push notifications, and phone calls, for follow-up on services and account updates. The delivery of any communications from us is effective when sent, regardless of whether you read them. For sensitive information, please use the secure messaging service within our Services.

Mobile Alerts

By agreeing to these terms, you consent to receiving communications from GoMDUSA and its affiliates through telephone calls or text messages. These communications may include marketing messages, healthcare-related updates, or other information related to your account. You understand that you are not required to provide this consent as a condition of using GoMDUSA's services. However, your service provider's message and data rates may apply. You have the option to opt-out of these communications at any time by contacting GoMDUSA's Patient Support or replying "STOP" to any text message received from GoMDUSA. If you do not opt-out, GoMDUSA may contact you as outlined in its Privacy Policy.

Registration

By registering for an Account, you are required to provide accurate and up-to-date information about yourself, such as your name, email address, phone number, and address. You are responsible for maintaining the confidentiality of your account credentials and should not share them with anyone. If you suspect that someone has accessed your account without your permission, please contact GoMDUSA's Patient Support Team at 833-5-GOMDUS (833-546-6387). GoMDUSA reserves the right to take any necessary measures to ensure the security of your account.

Appropriate Use

The use of the Services is limited to individuals located within the United States and accessing the Services from a device located in the United States. You are only permitted to use the Services for personal, non-commercial use and only in compliance with all applicable laws, rules and regulations. Any unauthorized use of the Services, such as impersonating another person or entity or attempting to access or use the Services in a manner that could harm us or any third party, is strictly prohibited. Any violations of these terms may result in civil or criminal liability and may be investigated and pursued by law enforcement authorities. Additionally, you are not allowed to share your account password or create multiple accounts. Attempts to violate the security of the network or unauthorized access to the Services will not be tolerated.

Transactions

If you wish to use GoMDUSA's services as described or linked to on the Services, GoMDUSA or its affiliates may request certain information from you, such as credit card and payment details, to complete the transaction. This information may be shared with third parties to facilitate the completion of the transaction. Transactions may include charges for services, prescriptions, or subscription-based products. Some products and services may have automatically renewing subscriptions or refills, which can be canceled at any time by contacting the Patient Support Team at least 48 hours before the next processing date. GoMDUSA is not responsible for errors in pricing or product descriptions and refunds and exchanges will be subject to GoMDUSA's and any applicable third-party refund and exchange policies at the time of the transaction. Promotional codes cannot be redeemed for cash and offers may be modified or withdrawn at any time.

Copyright Notice

The content and design of the Services, including all materials, are protected by copyright laws and are owned or licensed by GoMDUSA. Without written consent from GoMDUSA, you may not reproduce, republish, upload, post, display, transmit or frame any of the materials on the Services. You may only view, download, use, display and print a single copy of the materials for personal, noncommercial and informational purposes, as long as you do not alter or modify the materials, include all applicable notices and disclaimers and do not use the materials in a way that suggests association with GoMDUSA. The copy must include the following copyright notice "Copyright © 2023 GoMDUSA. All rights reserved." Any other use of the Services or the information contained is strictly prohibited and GoMDUSA reserves the right to terminate the license at any time. If the terms are breached, the license terminates automatically and you must stop using the Services and return or destroy all copies of the content in your possession or control.

Copyright Infringement – DMCA Notice

Under the DMCA, copyright holders who believe their rights have been infringed can send GoMDUSA a notice requesting that the infringing material be removed or blocked. This notice must include the following information: the copyright holder's physical or electronic signature, identification of the copyrighted work that's been infringed, identification of the infringing material, the copyright holder's contact information, a statement that the copyright holder believes the use of the material is not authorized by the copyright owner, agent or law, and a statement that the information in the notice is accurate under penalty of perjury. If a notice of infringement is filed against you, the DMCA allows you to send a counter-notice. Both notices and counter-notices must meet the requirements outlined by the DMCA.

Trademark Notice

The names, logos and all related product and service names, design marks, and slogans of GoMDUSA are the trademarks or service marks of the company and are protected by law. You are not permitted to use any GoMDUSA name or mark in any advertisement, publicity or other commercial manner without obtaining prior written consent from the company. All other trademarks that appear on the Services belong to their respective owners and are protected by law.

Ownership

The content, features, and functionality of the Services are the property of GoMDUSA and are protected by U.S. and international copyright, trademark, trade secret, and other intellectual property laws. These terms only allow you to use the Services for personal non-commercial use. You are not allowed to reproduce, distribute, modify, create derivative works, publicly display, republish, download, store or transmit any of the material on the Services except as allowed by the terms and conditions of the Services. Any commercial use of the Services is strictly prohibited.

Termination of Services

We reserve the right to end your use of the Services at any time and for any reason without prior notice. This includes the right to delete or preserve any information or materials you have posted on the Services in accordance with our internal policies. Upon termination, we are no longer obligated to provide the Services, except for any legal or ethical obligations to provide access to your medical records or continue your treatment.

Part Two: Additional Legal Terms

Representation and Warranties

You represent and warrant to us that: (a) you are at least eighteen (18) years of age; and (b) your use of this Services will be in compliance with these Terms.

No Warranties

The use of the Services is at your own risk and GoMDUSA does not provide any warranties, express or implied, for the Services. This includes, but is not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. GoMDUSA and its affiliates, processors, providers, licensors, and representatives will not be held responsible for any inaccuracies, errors, unavailability, or security issues with the Services, or any damage caused by viruses or other harmful components. GoMDUSA Parties also do not guarantee that any defects or errors will be corrected. Any content downloaded or obtained through the use of the Services is done at your own risk and you will be solely responsible for any damage or loss of data that may occur.

Indemnity

By using or accessing the Services, you agree to take full responsibility for any claims, losses, damages, liabilities, costs and expenses, including reasonable attorneys' fees, arising from any violation of these terms or any activity related to your use of the Services (including negligent or wrongful conduct) and will indemnify and hold GoMDUSA and its officers, directors, employees, agents, subsidiaries, affiliates, licensors, and suppliers harmless from any such claims or losses.

Limitation of liability and damages

By using the Services, you understand that any dissatisfaction with the Services should be resolved by discontinuing use of the Services. GoMDUSA and its affiliates, officers, employees, directors, parents, subsidiaries, agents, and licensors will not be held liable for any damages resulting from your use or inability to use the Services or the materials and data on the Services. This includes any claims based on warranty, statute, contract, tort, strict liability, negligence, and any other legal theory. This protection covers all types of losses and claims, including, but not limited to, direct or indirect, special, incidental, reliance, consequential, exemplary, and punitive damages, personal injury/wrongful death, lost profits, goodwill, or damages resulting from lost data or business interruption. Any implied warranties and limitations of liability will be the minimum allowed under applicable law.

Disputes

If any disagreement or conflict arises between you and GoMDUSA, we are committed to resolving it promptly and to your satisfaction. However, if we are unable to find a solution, we agree to use an informal and cost-effective dispute resolution process involving individual arbitration. As per the terms of the agreement, disputes are defined as any claim, disagreement, or conflict (whether it involves a contract, tort, equitable, statutory, or any other legal theory) between you and GoMDUSA, which includes, but is not limited to, any claims related to these terms and conditions, the relationship between us, GoMDUSA advertising and any use of GoMDUSA services.

Binding Individual Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Initial Dispute Resolution. If you have any issues or concerns related to your use of the Services, you can reach out to us at [email protected]. Our goal is to resolve any issues quickly and to your satisfaction. Before taking any legal action, you and GoMDUSA will first attempt to resolve any disputes through consultation and good faith negotiation. Any documentation of this process must be included in any arbitration demand.
Agreement to Binding Arbitration. If a solution cannot be reached within 30 days through the initial dispute resolution process, either party has the right to initiate binding arbitration. All claims related to these terms, the parties' relationship, and use of the services will be settled through confidential arbitration by JAMS, using their Streamlined Arbitration Rules and Procedures and excluding class actions. Both parties have the right to legal counsel and a neutral arbitrator will be chosen. The arbitration award will be binding and can be entered as a judgement in court. The rules for the arbitration can be found at https://www.jamsadr.com/adr-rules-procedures. If the cost of the arbitration exceeds $250, the initiating party will be responsible for additional cost up to $1000, and if the arbitration is determined to be frivolous or brought in bad faith, the initiating party will be responsible for all cost and expenses. The right to sue in court and have a jury trial is waived with this agreement and the right to discovery may be limited in arbitration.
Class Action and Class Arbitration Waiver. You and we agree that any arbitration will be conducted individually and not as a class action and we both waive the right to file a class action or seek relief on a class basis. If any court or arbitrator finds the class action waiver to be invalid or unenforceable, the arbitration agreement outlined in the "Agreement to Binding Arbitration" section will be null and void and the parties will not have agreed to arbitrate disputes.
Exceptions. Despite the agreement to settle all disputes through arbitration, either party may seek relief in a small claims court for claims within its jurisdiction and disputes related to intellectual property rights, obligations or infringement claims.
30 Day Right to Opt-Out. You have the option to choose not to be bound by the arbitration and class action waiver provisions outlined in the "Agreement to Binding Arbitration" and "Class Action and Arbitration Waiver" sections. To do this, you must send a written notice of your decision to opt-out by emailing us at [email protected] within 30 days of your first use of the Services or the effective date of the first set of terms containing these provisions. If you choose to opt-out, we will also not be bound by them.
Term for Cause of Action. You must file any legal claim or action related to the use of the Services or the Terms within one year of the incident occurring or it will be permanently barred.
Exclusive Venue for Litigation. If the arbitration provisions outlined in the "Agreement to Binding Arbitration" section do not apply or if you have chosen to opt-out, you agree that any legal proceedings must be filed in the state or federal courts located in Santa Clara County, California (excluding small claims court actions which may be filed in the county where you reside). You and we both give our express consent to exclusive jurisdiction in Santa Clara County, California for any legal proceedings other than small claims court actions. In the event of any litigation related to these Terms or the Services, you agree to waive, to the greatest extent allowed by law, your right to a jury trial, except in cases where a jury trial waiver is not allowed under applicable law.

Jurisdiction

The Services provided by GoMDUSA are not intended for users in any specific location and are not considered as doing business in any jurisdiction. Users in jurisdictions where use of the Services is prohibited or illegal use the Services at their own risk. The Agreement is established and enforced under California law, and any disputes will be resolved in accordance with California law, excluding any conflicting laws.

Requests for Information

If you reach out to GoMDUSA to inquire about our programs or services, we will use the contact information you provide to send you the requested information. By providing your contact details, you consent to us using and sharing your information as outlined in our Privacy Policy.

Links to Other Sites

By accessing third-party sites through links provided on GoMDUSA Services, you understand that GoMDUSA does not endorse or approve these sites and is not responsible for their content or policies. You navigate to these sites at your own risk and the terms and conditions of these sites will govern your interactions with them. GoMDUSA is not liable for any damages or issues that may arise from your use of these third-party sites. Additionally, you should be aware that when you leave GoMDUSA Services, our Privacy Policy will no longer apply. Your interactions with these third-party sites will be subject to their own privacy and terms of use policies.

Downloadable Files and Email

GoMDUSA cannot guarantee that emails or files available for download from its Services will be free of harmful code that could damage or destroy data on your computer. It is your responsibility to take necessary precautions and have proper measures in place to ensure the accuracy of your data, including creating backups or other means to reconstruct any lost data. GoMDUSA will not be held liable for any damages to your computer or its files resulting from the use of its Services.

Assignment

This Agreement cannot be assigned by you without the prior written consent of GoMDUSA. GoMDUSA, on the other hand, has the right to assign some or all of this Agreement.

Survival

Sections of this Agreement which, due to their nature, need to continue after termination or expiration, such as indemnification and liability limitations, will remain in effect.

Waiver

If any of the terms outlined in this Agreement are not upheld, it will not constitute a waiver of those terms in the future.

Notices

You consent to receiving notifications from us through email, phone, fax, or any other method of communication.

Severability

If any provision of this Agreement is deemed unenforceable by a court or other relevant authority, it will be limited or eliminated to the smallest extent possible so that the rest of the Agreement remains valid and enforceable.

Entire Agreement; Amendment

This Agreement is the complete and exclusive statement of the agreement between you and GoMDUSA regarding its subject matter and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. Any changes or modifications to this Agreement must be made in writing and signed by both you and GoMDUSA.

Conflicting Terms

The terms of this Agreement supersede any conflicting or inconsistent information found on the Services.

Section Titles

The titles of the sections within the Terms are for the purpose of organization and do not have any legal or contractual significance.

Contact Information

Please contact us with any questions or concerns regarding this Agreement at [email protected]