Terms and Conditions – My Diet Doc
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Terms and Conditions

 

TERMS OF USE

March 10, 2014

Notice for customers nationwide – you are entering into an agreement with MyDietDoc.com.

  • Use of the App and Website. MyDietDoc.com., A Washington Corporation  (“we”“us”, or “our”), all doing business as MyDietDoc.com, operate a MyDietDoc.com website. Through the Website we offer online telehealth service (the “Service”) that, when clinically appropriate, lets men and women nationwide get care from our doctors. If you request to use the Service and our doctors consider it appropriate, we will give you a medication and send it to a licensed USA/ FDA approved facility to fulfill on your behalf.  By completing a doctor telehealth consult, you agree to be bound by these Terms of Use, the Consent to Telehealth, and the Privacy Policy that appear on Website.  If you do not wish to be bound by these Terms of Use, you may not use our services or request for services.
  • Website Content. Other than the personalized doctor consult received, or the personalized nutritional advice we give you during a consult, you should not consider content on the Website to be medical advice.
  • Ownership. The Website and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned or used under license by MyDietDoc.com and are protected by United States and international copyright, trademark, trade secret, and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website except as generally and ordinarily permitted through the Website according to these Terms of Use.  You must not access or use for any commercial purposes any part of the Website.
  • Trademarks. Certain names, logos, and other materials displayed on the Website may constitute trademarks, trade names, service marks or logos (“Marks“) of MyDietDoc.com or other entities.  You are not authorized to use any such Marks without the express written permission of MyDietDoc.com.  Ownership of all such Marks and the goodwill associated therewith remains with us.
  • Right to modify. We may at our sole discretion change, add, or delete portions of these Terms of Use at any time on a going-forward basis. Continued use of the Website following notice of any such changes will indicate your acknowledgment of such changes and agreement to be bound by the revised Terms of Use, inclusive of such changes.
  • DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK.  WE PROVIDE THE WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. DIET DOC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, AND SYSTEM INTEGRATION.
  • LIMITATION OF LIABILITY. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL DIET DOC OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OF THE APP, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE.  To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
  • Indemnification. You agree to indemnify, defend, and hold harmless MyDietDoc.com, its officers, directors, employees, agents, subsidiaries, affiliates, licensors, and suppliers, harmless from and against any claim, actions, demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees (“Claims”), resulting from, or alleged to result from, your violation of these Terms of Use.
  • Geographical Restrictions. You may only use the Website from a device located in the states in which we operate. MyDietDoc.com makes no representation that the Website is appropriate or available for use in locations outside the states in which we operate.
  • Miscellaneous.

These Terms of Use and your use of the App or Website shall be governed by the laws of the State of California, without giving effect to the principles of conflict of laws.  Any dispute arising under or relating in any way to these Terms of Use will be resolved exclusively by final and binding arbitration in north San Diego, California under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction, without the posting of bond or other security.  The parties agree to the personal and subject matter jurisdiction and venue of the courts located in San Diego, California, for any action related to these Terms of Use.

You understand that by checking the “I Agree” box for these Terms of Use, the Consent to Telehealth and Privacy Policy, when they are presented to you on the  Website you are agreeing to these Terms of Use and the Consent to Telehealth and Privacy Policy and that such action constitutes a legal signature.  No waiver by MyDietDoc.com 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 MyDietDoc.com 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.

The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.  If you believe in good faith that materials appearing on the App or Website infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.  In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice.  Notices and counter-notices must meet statutory requirements imposed by the DMCA.  One place to find more information is the U.S. Copyright Office Web site, currently located at https://www.loc.gov/copyright. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to Director, MyDietDietDoc.com – 1785 S. Escondido Blvd. Ste A, Escondido, CA 92025, USA.