Terms of Use
This web page represents a legal document that serves as our Terms of Service and it governs the legal terms of our website www.consolidatedmd.com, subdomains, and any associated web-based and mobile applications (collectively, “Website”), as owned and operated by Consolidated MD, Inc.
Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. This Terms of Use, along with our Privacy Policy, any mobile license agreement, and other posted guidelines within our Website (collectively, “Legal Terms”), constitute the entire and only agreement between you and Consolidated MD, Inc. and supersede all other agreements, representations, warranties, and understandings with respect to our Website and the subject matter contained herein. We may amend our Legal Terms at any time without specific notice to you. The latest copies of our Legal Terms will be posted on our Website, and you should review all Legal Terms prior to using our Website. After any revisions to our Legal Terms are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review our Legal Terms to make sure you still agree to them.
By using our Website, you agree to fully comply with and be bound by our Legal Terms. Please review them carefully. If you do not accept our Legal Terms, do not access and use our Website. If you have already accessed our Website and do not accept our Legal Terms, you should immediately discontinue use of our Website.
Neither Consolidated MD, Inc. nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the content found or offered on this website for any particular purpose. The User acknowledges that such content may contain inaccuracies or errors and use of any content on this website is entirely at the User’s own risk, for which Consolidated MD, Inc. shall not be liable. It shall be User’s own responsibility to ensure that any content available through this website meets the User’s specific requirements.
The last update to our Terms of Use as posted on 1/1/2017.
Definitions
The terms “us” or “we” or “our” refers to Consolidated MD, Inc., the owner of the Website.
A “Visitor” is someone who merely browses our Website, but has not registered as Member.
A “Member” is an individual that has registered with us to use our Service.
Our “Service” represents the collective functionality and features as offered through our Website to our Members.
A “User” is a collective identifier that refers to either a Visitor or a Member.
All text, information, graphics, audio, video, and data offered through our Website are collectively known as our “Content.”
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, found at www.consolidatedmd.com/privacy-rights, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you are dissatisfied with our Website and Content, your sole and exclusive remedy is to discontinue using and accessing our Website and Content.
Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website. Consolidated MD, Inc. reserves the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to, canceling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.
Intellectual Property
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use, or publication of the corresponding service Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Consolidated MD, Inc. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Links to Other Websites
Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. Content produced by Consolidated MD, Inc. is neither affiliated with nor the responsibility of the clients or partners of Consolidated MD, Inc. Consolidated MD, Inc. has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website: (1) in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (2) for the purposes of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; (3) to impersonate or attempt to impersonate Consolidated MD, Inc., an employee, another user, or any other person or entity (including, without limitation, by using an email address associated with any of the foregoing); (4) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Consolidated MD, Inc. or users of the Website or expose them to liability.
In addition, you agree not to: (1) use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website; (2) use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (3) use any manual process to monitor or copy any of the material on the Website for any other unauthorized purpose without our prior written consent; (4) use any device, software, or routine that interferes with the proper working of the Website; (5) introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful; (6) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website; (7) attack the Website via a denial-of-service attack or a distributed denial-of-service attack; (8) otherwise attempt to interfere with the proper working of the Website.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. You waive and hold harmless Consolidated MD, Inc. and its affiliates, licensees, and service providers from any claims resulting from any action taken by Consolidated MD, Inc./any of the foregoing parties during or as a result of investigations and from any actions taken as a consequence of investigations by either Consolidated MD, Inc./such parties or law enforcement authorities.
General Terms
Some Content may include health or medical related information. Such Content is provided for general informational purposes only. We do not directly or indirectly practice medicine, render medical advice, or dispense medical services, and nothing contained on our Website should be intended to be a medical diagnosis or treatment. No medical professional/patient relationship is created by your use of our Website or the Content. Always seek the advice of your physician or other qualified health professional with any questions you may have regarding a medical condition, and never disregard professional medical advice or delay seeking treatment based on any Content or other information included in the Website. If you think you may have a medical emergency, call your healthcare professional or your local emergency number (usually 911) immediately.
Some Content may include regulatory related information pertaining to you or your business. Such Content is provided for informational purposes only. We are not providing legal or regulatory advice and no attorney/client relationship is created by your use of the Website or the Content. Accordingly, always seek the advice of your attorney or advisor with any questions you may have regarding a law, regulation, or dispute.
This Website is monitored by Consolidated MD, Inc., who reserves the right to exercise editorial control over user-generated content (i.e., blog comments). The User agrees that it will not contribute any content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, or otherwise violates any law or right of any third party. Consolidated MD, Inc. reserves the right to remove any content from the Website at any time, for any reason, or for no reason at all. The User agrees that all posted comments become the property of Consolidated MD, Inc. By posting a comment on one of our blogs, the User agrees that the comment may be reused by Consolidated MD, Inc. or quoted in other media.
Comments or opinions expressed via comments on our blogs are those of their respective contributors only. The views expressed by outside contributors do not represent the views of Consolidated MD, Inc. Consolidated MD, Inc. is not responsible and disclaims any and all liability for the content of comments.
Without limiting any of the other risks we have disclosed to you in these terms, you are solely responsible for your use of the Content, including any content you submit to us and you expressly acknowledge and agree that your use and access to our Website and Content and the information contained therein, and any sites linked on the Website, is at your sole risk. Accordingly, we do not assume any liability to you for or relating to any of your actions, including the publication of any content you submit or our exercise of the rights you grant to us with respect thereto.
We may change or update our Legal Terms or the provisions set forth therein from time to time and recommend that you review these Legal Terms on a regular basis. You understand and agree that your continued use of the Website after the Legal Terms have been updated or changed constitutes your acceptance of the revised Terms. Without limiting the foregoing, if we make a change to these Terms that materially affects your use of the Website, we may post notice or notify you via email or the Website of any such change. The most current version of the Legal Terms shall govern and supersede all previous versions.
Geographic Restrictions
Our Legal Terms shall be treated as though they were executed and performed in Florida, USA, and shall be governed by and construed in accordance with the laws of Florida, USA, without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website must be instituted within one (1) year after the cause of action arose or be forever waived and barred. To the extent that any Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of Consolidated MD, Inc. under our Legal Terms shall survive the termination of our Legal Terms.
The owner of the Website is based in the State of Florida in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for download from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it, or on any website linked to it.
Consolidated MD, Inc. will not be liable for any damages of any kind arising from the use of the Website, or from any information content, materials, products, or other services included on or otherwise made available to you through the Website, including but not limited to direct, indirect, incidental, punitive, and consequential damages.
Consolidated MD, Inc. expressly disclaims any responsibility for the accuracy, content, availability of information, products, services, privacy or security practices or merchandise found on third party sites that link to or from the Website. Consolidated MD, Inc. cannot be held responsible for the material contained on third party sites.
Your use of the Website, its content, and any services or items obtained through the Website is at your own risk. The Website, its content, and any services or items obtained through the Website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither Consolidated MD, Inc. nor any person associated with Consolidated MD, Inc. makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Website. Without limiting the foregoing, neither Consolidated MD, Inc. or anyone associated with Consolidated MD, Inc. represents or warrants that the Website, its content, or any services or items obtained through the Website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our Website or the server that makes it available are free of viruses or other harmful components or that the Website or any services or items obtained through the Website will otherwise meet your needs or expectations.
Consolidated MD, Inc. hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.
Without limiting the foregoing, www.consolidatedmd.com and its contents are offered for informational purposes only. You understand, acknowledge, and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security, and validity of any and all features and functions of www.consolidatedmd.com.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
Limitation of Liability
In no event will Consolidated MD, Inc., its affiliates or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Website, any websites linked to it, any content on the Website or such other websites or any services or items obtained through the Website or such other websites, including direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
Indemnification
You agree to defend, indemnify, and hold harmless Consolidated MD, Inc., its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.
Waiver and Severability
No waiver of by Consolidated MD, Inc. of any term or condition set forth in these Terms of Use 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 Consolidated MD, Inc. to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use 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 of Use will continue in full force and effect.
Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Consolidated MD, Inc. with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website.