Thank you for using the FindMyDirectDoctor.com website and associated content (hereinafter “Website”). FindMyDirectDoctor, LLC (collectively “FindMyDirectDoctor”) provides you with a limited license to use the Website subject to the terms and conditions contained within this Terms of Use Agreement (hereinafter “Agreement”).

This Website is intended to provide information and services to adults. This Website is not intended for children under the age of 16 to use without direct parental supervision. No one under the age of 16 may use the Website without the consent of their parent or legal guardian.

By using the Website, you manifest your assent and agree to be bound by this Agreement. If you do not agree to the terms and conditions contained within this Agreement, you must discontinue your use of the Website immediately. FindMyDirectDoctor reserves the right to suspend, replace, modify, amend, or terminate this Agreement at any time and within its sole and absolute discretion. In the event FindMyDirectDoctor replaces, modifies, or amends this Agreement, the Last Updated date, located at the top of this Agreement, will change. Your continued use of the Website after a change in the Last Updated date above will constitute your manifestation of assent to and agreement with any replacement, modification, or amendment herein.

The content of this Website, including but not limited to text, graphics, images, information obtained from third parties, software, and other material contained on the Website (the “Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. It is the mission of FindMyDirectDoctor to connect physicians and patients, not to itself provide medical advice of any kind.

By using the Website, you warrant that you are age sixteen (16) or above the age of majority within your legal jurisdiction or have the express permission of your parent or legal guardian, are of sound mind, and have the capacity to agree to and uphold the terms and conditions contained within this Agreement. If you use the Website on behalf of a business entity or other third party, you warrant that you express actual authority to act as an agent of that business entity and third party and, as a component of that agency, have the right and ability to agree to the terms of this Agreement on behalf of that third party or business entity.

You acknowledge and agree that the Website is the property of or is licensed by FindMyDirectDoctor and is protected under United States and international law, including, but not limited to, intellectual property laws and other personal and proprietary rights. You acknowledge and agree that your use of the Website is limited by the license granted under the terms of this Agreement, and you expressly agree that you will not use the Website in any manner not expressly authorized under the terms of this Agreement. FindMyDirectDoctor reserves all of rights not expressly granted through this Agreement.

FindMyDirectDoctor provides you with a limited, non-exclusive, non-sublicensable, non-assignable, revocable, and royalty free license to use the Website for its customary and intended purposes. You are expressly prohibited from reproducing, preparing derivative works of, distributing copies of, publicly performing, and publicly displaying the Website.

When you use the Website, you agree to use it only for its customary and intended purposes and as permitted by the terms of this Agreement and any applicable law, regulation, statute, or ordinance. Additionally, you agree that you are responsible for any breach of your obligations under the terms of this Agreement and for any losses suffered by FindMyDirectDoctor for such a breach, including, but not limited to, monetary damages, costs, and attorneys’ fees. You are expressly prohibited from using the Website to violate any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national, or international, or to violate the rights of a third party, including, but not limited to, intellectual property rights, privacy rights, rights of publicity, or other personal or proprietary rights. Additionally, you are expressly prohibited from:

1. a.Attempting to access the Website other than through a standard web browser unless you have been permitted to do so by FindMyDirectDoctor through a separate, written agreement (this restriction does not apply to search engines that comply with FindMyDirectDoctor’s robots.txt file);
2. b.Accessing or attempting to access the Website through automated means (this restriction does not apply to search engines that comply with FindMyDirectDoctor’s robots.txt file);
3. c.Circumventing the technological protection measures of the Website;
4. d.Posting or transmitting content intended to collect personal or personally identifiable information from users of the Website or third parties;
5. e.Disrupting or otherwise interfering with the Website or its associated servers or networks
6. f.Scraping, reproducing, republishing, selling, reselling, duplicating, or trading the Website or its content;
7. g.Diverting or attempting to divert customers of the Website to another website or service;
8. h.Sending unsolicited or unauthorized communications to users of the Website or third parties;
9. i.Transmitting content to the Website that is false, inaccurate, misleading, tortious, defamatory, vulgar, obscene, libelous, invasive, hateful, or otherwise objectionable;
10. j.Reverse engineering, decompiling, translating, or disassembling the Website or its content; and
11. k.k. Encouraging or assisting any other party to do anything in violation of the terms of this Agreement.

We reserve the right to modify, amend, or terminate the Website or its associated content at any time and without prior notice. We also reserve the right to refuse service or access to the Website to any person or business entity at any time and without notice.

The Website and its associated content and services are © 2024 FindMyDirectDoctor, LLC. Users may contribute reviews or submissions of written materials to the Website. The user grants FindMyDirectDoctor a limited license to reproduce, prepare derivative works of, to distribute, to publicly display, or to promote the user’s submissions. The user agrees that any user submission shall be free and clear claims, liens, or encumbrances by third parties, including, but not limited to, any claims that the user submission infringes upon the intellectual property, personal, or proprietary rights of third parties

If you believe that a user of the Website has infringed upon your copyright rights, you may provide us a notice of copyright infringement that complies with § 512 of the Digital Millennium Copyright Act.

Upon receipt of a notice that complies with this section, we will make a good faith attempt to notify the owner or uploader of the allegedly infringing content so that they can respond with a counter-notification.

This notice of copyright infringement must contain the following:

• The physical or electronic signature of a person authorized to act on behalf of the copyright owner;
• Identification of the copyrighted work(s) alleged to have been infringed;
• The location of the copyrighted work(s) on the Website;
• Your contact information, such as an address, telephone, fax number, or email address;
• A statement that you have a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law; and
• A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.

If you are a Website user who believes that content subject to a notice of copyright infringement is not infringing, you may submit a counter-notification. This counter-notification must contain the following:

• Identification of the specific materials that have been removed from the Website;
• Your contact information, such as an address, telephone, fax number, or email address;
• A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of mistake or misidentification;
• A statement that you consent to the jurisdiction of the federal district court in which your address is located or in which we are located;
• A statement that you will accept service of process from the notifying party; and
• Your physical or electronic signature.

Notifications of copyright infringement and counter-notifications must be submitted to us at [email protected] or via postal address to the following address:

Attn: FindMyDirectDoctor, LLC
3225 McLeod Dr, Suite 100 Las Vegas, NV 89121

You understand and agree that FindMyDirectDoctor provides the Website as a service and will not be held liable for and takes no responsibility for any interactions by and between users of the Website. You understand and agree that FindMyDirectDoctor is an interactive computer service as those terms are defined under Section 230 of the Communications Decency Act and that FindMyDirectDoctor cannot be held liable for any commercial or personal torts in its role as a publisher of information provided by third parties. Though FindMyDirectDoctor may edit, remove, or control the content submitted to and displayed through the Website by third parties, it will not be held liable for that content. The Website may contain links to third-party websites. The inclusion of such links does not imply approval or endorsement of the linked site by FindMyDirectDoctor.

The user understands and agrees the FindMyDirectDoctor has the sole discretion to post a review or user submission. If the user submission violates an entity or person’s rights protected under libel and defamation laws, FindMyDirectDoctor reserves the right to investigate and act as it sees most proper, including but not limited to removal of the user submission.

With the exception of telehealth services described in Section 8 below concerning telehealth services, FindMyDirectDoctor shall not take payments from users, regardless if they made a User Account. Nothing in this Agreement shall be construed as a payment transaction between FindMyDirectDoctor and the user.

FindMyDirectDoctor may have contractual relationships with the doctors listed on the Website, including, but not limited to, for advertising placement (“Paid Doctor Advertisements”). If money was exchanged between a doctor listed on the Website and FindMyDirectDoctor for the placement of an advertised location on the Website, the doctor affiliated with such advertised space will be clearly labeled as an advertisement.

FindMyDirectDoctor offers optional subscription services for doctors (“Paid Advertising Service”). By selecting a Paid Advertising Service you agree to pay FindMyDirectDoctor the subscription or usage fees (the “Subscription Fees”) indicated for that Paid Advertising Service. You further agree to provide FindMyDirectDoctor with a valid payment method, which FindMyDirectDoctor will store and from which FindMyDirectDoctor will automatically charge Subscription Fees as they become due. Subscription Fees will be charged on the day your Paid Advertising Service goes into effect and will cover the use of that service for the period indicated. Thereafter, you agree that monthly payments will continue to be charged to your payment method on a recurring basis until you cancel your Paid Advertising Service. The amount of the monthly recurring charge will be the then-current Subscription Fee applicable to the Paid Advertising Service you selected. You acknowledge that the amount of the recurring charge may increase if the applicable Subscription Fee increases. FindMyDirectDoctor will collect and remit sales tax where required by state laws, based on the Paid Advertising Services and your primary office location.

Paid Advertising Services must be cancelled prior to the applicable renewal date in order to avoid billing of the next month's Subscription Fee. All cancellations or reductions of advertising services must be received in writing by email at [email protected] or by U.S. mail at 3225 McLeod Dr, Suite 100 Las Vegas, NV 89121. If cancellation or reduction is sent via U.S. mail, it shall be sent at least ten (10) days prior to the new renewal date for the cancellation to take effect. Subscription Fees for Paid Advertising Services are not prorated or refundable. In no event will a cancellation or reduction in service relieve you of your obligation to pay the Subscription Fees that are due for the period prior to the effective date of cancellation or reduction in service.

If your payment method fails or your account is past due, FindMyDirectDoctor reserves the right to either suspend or terminate your Paid Advertising Services. Any such suspension or termination will result in the cancellation of any promotional programs applicable to your Paid Advertising Services. You agree to submit any disputes regarding any charge to your account in writing to FindMyDirectDoctor within sixty (60) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge.

Paid Advertising Service may include the publication of advertising or website content you provide to us. You retain all rights in, and are solely responsible for, the content posted on FindMyDirectDoctor or websites supported by FindMyDirectDoctor. You give FindMyDirectDoctor, our affiliates, providers of third-party services, and subcontractors a non-exclusive, fully-paid, perpetual, royalty-free, transferable, revocable, worldwide license to use, modify, publicly perform, publicly display, reproduce, and distribute the content you provide, in whole or in part, in providing the Paid Advertising Service.

FindMyDirectDoctor offers a marketplace that connects users to doctors who provide telehealth services ("Treating Doctors”). In performing this service, FindMyDirectDoctor does not get involved in patient care. If a user decides to engage with a doctor found using FindMyDirectDoctor, the user must deposit a consultation fee with FindMyDirectDoctor in advance of the telehealth appointment. Once the appointment is complete, and the Treating Doctor has confirmed the appointment was completed, FindMyDirectDoctor will release the deposited funds to the Treating Doctor.

When utilizing telehealth services through FindMyDirectDoctor, you understand and agree that you are responsible for reviewing the terms of the respective Treating Doctor’s services and for understanding the scope of those services. FindMyDirectDoctor is a service provider that connects you to a Treating Doctor. FindMyDirectDoctor does not collect protected health information from you when performing this service and cannot be held responsible for the advertisements or representations of service offerings provided by Treating Doctors that advertise through its services.

All deposits submitted by you to FindMyDirectDoctor for a Treating Doctor’s services are non-refundable. You understand and agree that you must provide a deposit for a Treating Doctor’s services before receiving services. If you have deposited funds with FindMyDirectDoctor and a Treating Doctor has not provided the requested services within one week, you may contact FindMyDirectDoctor for a refund.

As a referral service provider, FindMyDirectDoctor is not a money transmitter as that term is defined under federal law but is instead a payment facilitator engaged in the facilitation of payment to Treating Doctors on their behalf. As a payment facilitator, FindMyDirectDoctor is not responsible for user funds once those funds have been issued to Treating Doctors, and users and Treating Doctors agree to indemnify FindMyDirectDoctor from any such dispute in accordance with Section 17 below.

When contracting with a Treating Doctor to obtain telehealth services through the Website, you understand and agree that you are responsible for reading the Treating Doctor’s full listing before agreeing to obtain services and that, by obtaining such services, you are making an offer to enter into a contract. When you obtain services from a Treating Doctor, you understand and agree that you have entered into a legally binding contract to purchase the services for which you requested. You are solely responsible for performing all due diligence concerning Treating Doctors, their qualifications, and their services as listed through the Website.

Treating Doctors warrant and agree that their service listings are true, accurate, and complete and that they can and will competently and reliably perform the advertised services. When offering services through the Website, Treating Doctors enter into a legally binding contract to provide the services when payment is received.

While FindMyDirectDoctor strives to provide regular access to its services and Website, it is possible high volume or specific services may be unavailable at the time of your order. If this is the case, FindMyDirectDoctor will contact you in a reasonable time frame to advise you of the issue. You understand and agree that the availability of a service displayed through the Website does not guarantee that the service will be available at a certain date or time.

FindMyDirectDoctor offers information to users about doctors, doctor’s offices, or related health and wellness industry entities. This information is obtained through various mechanisms intended to gather information concerning the doctors and their services and compile it in a single area easily viewable by the user. FindMyDirectDoctor gives no guarantee or warranty that the Website’s information is accurate, up-to-date, or should be relied upon by the user. This information, and any articles or stories posted on the Website, is for educational purposes only, and gives no medical advice, endorsement, treatment, or any other form of medically related services that requires a license. The Website is provided on an “as is” basis and without warranty of any kind, whether implied or explicit, and you understand and agree that no user has any claim for breach of this Agreement in the event that the user obtains false, improper, or misleading information about any relevant medical professional.

FindMyDirectDoctor may provide you with the ability to create a user account, either through FindMyDirectDoctor itself or through a supported third-party vendor whom FindMyDirectDoctor utilizes, which may provide you with the ability to view special areas and services through the Website (hereinafter “User Account”). Your User Account is protected by a username and password. You recognize that you are solely responsible for maintaining the security and confidentiality of your username and password and that you are responsible for any unauthorized access to your User Account. In the event your User Account is accessed without your authorization, you agree to notify FindMyDirectDoctor immediately. FindMyDirectDoctor reserves the right to restrict access to, suspend, disable, or delete your User Account at any time, in its sole discretion, and without prior warning.

A User Account may be created by providing information to FindMyDirectDoctor when you sign up for services, or when you voluntarily create an account utilizing one of the third-party services that FindMyDirectDoctor uses. User Accounts created on third-party services are governed exclusively by those third-party services’ terms of use agreement and privacy policies. FindMyDirectDoctor only has control over, and this Agreement only governs, the User Account created by and governed by FindMyDirectDoctor. You acknowledge and agree that you control access to your User Account. Your User Account may only be used by you or by third parties with your express written consent. FindMyDirectDoctor will not be held responsible or liable for any unauthorized access to your User Account, and you are under a continuing duty to promptly provide FindMyDirectDoctor with notice of any unauthorized or unusual access to your User Account. You are advised to keep the username and password associated with your User Account secure and secret. By creating a User Account and providing your personal information to FindMyDirectDoctor, you acknowledge and agree that FindMyDirectDoctor may use your personal information to contact you.

FindMyDirectDoctor reserves the right to suspend or terminate your User Account at any time and in its sole and absolute discretion, including, but not limited to, for a violation of any term or condition of this Agreement.

When using a User Account, you warrant and agree that, on behalf of yourself and your past, present, and future agents, servants, employees, representatives, and attorneys, you will hold the terms of all FindMyDirectDoctor pricing and services confidential and will refrain from distributing FindMyDirectDoctor proprietary information to any third parties except: (a) as may be required pursuant to a court order or other lawful process; or (b) as may be required by applicable law (including tax laws and regulations). This confidentiality provision will not extend to any pricing or inventory information that is now or may in the future become generally available to the public through no improper action or inaction by FindMyDirectDoctor or its affiliates, agents, consultants, or employees. You and FindMyDirectDoctor acknowledge and agree that a violation of this confidentiality obligation would cause FindMyDirectDoctor irreparable harm not compensable by monetary damages. Accordingly, in the event of an actual or threatened violation of your confidentiality obligations under this section, FindMyDirectDoctor will be entitled to temporary, preliminary, and permanent injunctive relief, without the necessity of filing a bond. Additionally, in the event of your actual violation of these confidentiality obligations, FindMyDirectDoctor will be entitled to recover against you: (a) actual monetary damages; and (b) in all events where liability is established, the reasonable attorneys’ fees and costs incurred in connection with establishing liability.

FindMyDirectDoctor may provide you with the ability to upload, contribute, or transmit user-generated content to or through the Website through your User Account, including, but not limited to, listings text, photographs, images, videos, URLs, and other files (collectively “User-Generated Content”). You warrant that your User-Generated Content will not (i) violate any law, statute, regulation, or ordinance, whether local, state, provincial, national, or international, (ii) violate any term or condition of this Agreement, or (iii) violate the rights of third parties, including intellectual property rights and any other personal or proprietary rights. By submitting User Generated Content to the Website, you grant FindMyDirectDoctor a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use your User-Generated Content for the customary and intended purposes of the Website. The customary and intended purposes of the Website may include, but are not limited to, displaying the Website’s content to you or to third parties, providing the Website’s services to you or to third parties, and archiving or making backup copies of the Website. By submitting User-Generated Content to the Website, you waive all moral rights or rights of publicity or privacy with respect to the User-Generated Content submitted to the Website. When posting User-Generated Content to the Website, you warrant that your User Generated Content will be accurate, truthful, non-deceptive, and complete.

FindMyDirectDoctor assumes no responsibility, and cannot be held liable for, the conduct of any User Account that submits User-Generated Content to the Website, including, but not limited to, the accuracy, reliability, completeness, or truth of any listing. You are advised to perform your own due diligence when evaluating any listing through the Website and your use of the Website to list, purchase, or complete any transaction is at your own risk.

Doctors, physicians, health entities, and individuals that are advertised on the Website may claim their profile. Although FindMyDirectDoctor attempts to verify the identities of every profile that is claimed, FindMyDirectDoctor is unable to guarantee that each profile properly matches the claimed entity or individual. Because of this, FindMyDirectDoctor gives no indication or representation as to the authenticity or accuracy of the information found on a doctor or entity profile, including, but not limited to, if it was claimed by an individual we have attempted to verify.

FindMyDirectDoctor may also allow doctors or entities to be given a trust seal by FindMyDirectDoctors. These trust seals are granted only to the profiles that have the highest FDD score, at the discretion of FindMyDirectDoctor. This trust seal, along with the reviews submitted by users, are at the sole discretion of FindMyDirectDoctor.

FindMyDirectDoctor is a service provider granting users access to the Website and to each other’s shared User-Generated Content upon their registering a User Account with the Website. FindMyDirectDoctor charges a fee when a user purchases services from a Treating Doctor through the Website. The fee may be posted to the Website by FindMyDirectDoctor, and FindMyDirectDoctor reserves the right to modify the fees charged to its Treating Doctors at any time and in its sole and absolute discretion. All payments for services offered through the Website are non-refundable. You understand and agree that all fees must be paid before services are rendered by a Treating Doctor. You further agree to pay all fees and charges on time, and FindMyDirectDoctor may terminate or disable your access to the Website or your User Account if you fail to pay any amount owing to FindMyDirectDoctor or a Treating Doctor when due. You agree that you will pay all costs of collection, including legal fees, incurred by FindMyDirectDoctor.

You agree to pay all applicable taxes or charges imposed by any governmental entity anywhere in the world in connection with your use of the Website. All costs and fees are quoted and payable in United States Dollars, and you acknowledge and agree that FindMyDirectDoctor is not responsible for any foreign transaction fees or other fees charged to you by your financial institution. You agree that you will not initiate any chargebacks to FindMyDirectDoctor unless otherwise authorized by FindMyDirectDoctor in writing. You understand and agree that you will be responsible and required to pay for any costs associated with any chargebacks that you have initiated against FindMyDirectDoctor.

In the event you dispute the amount or validity of any payments made under this Agreement, you must notify FindMyDirectDoctor within ten (10) days of any such dispute. You understand that your failure to notify FindMyDirectDoctor of any dispute within ten (10) days will constitute your express waiver of any claims related to the disputed payment.

You acknowledge and agree that the Website may contain links to third party websites or content that FindMyDirectDoctor does not own or control. You are advised to review the terms and conditions of any third-party websites or content linked to through the Website, and you agree that FindMyDirectDoctor will not be responsible for websites not under the ownership or control of FindMyDirectDoctor.

The term of this Agreement will begin upon your first accessing of the Website and will continue until the earlier of the following: (i) FindMyDirectDoctor terminates your access to the Website; (ii) you cease using the Website and terminate your User Account, or (iii) notification to FindMyDirectDoctor, via writing, that you wish to terminate your contractual relationship with FindMyDirectDoctor, so long as it does not breach any other term of this Agreement. FindMyDirectDoctor reserves the right to terminate the Website or your access to the Website in its sole and absolute discretion and without prior notice.

You acknowledge and agree that any and all trademarks, trade names, design marks, or logos displayed on the Website by FindMyDirectDoctor, including but not limited to FindMyDirectDoctor, are common law or registered trademarks owned by or licensed to FindMyDirectDoctor. You are expressly prohibited from using the trademarks of FindMyDirectDoctor to cause confusion in, to cause mistake in, or to deceive consumers, or from falsely designating the origin of, the source of, or the sponsorship of your goods or services. You are further prohibited from using the trademarks of FindMyDirectDoctor in domain names, in keyword advertisements, to trigger keyword advertisements, or in meta tags. All other trademarks, trade names, design marks, or logos are the property of their respective

We are happy to accommodate users with special needs or requirements. FindMyDirectDoctor is committed to providing its employees and the public, including persons with disabilities, with access to the Website and its related information and services. In designing the website, FindMyDirectDoctor makes reasonable efforts to comply with the WCAG 2.1 Level AA web accessibility standards. FindMyDirectDoctor utilizes Equal Web, located at <www.equalweb.com> and its associated Automated AI powered acessiblity solution. The Website has been designed to reach the widest audience possible, but, if you have difficulty viewing the Website, using the Website, or performing any transaction through the Website, you are encouraged to contact FindMyDirectDoctor at [email protected].

YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE AND ANY PURCHASED SERVICES, PRODUCTS OR FREE DEMOS ARE PROVIDED ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT. WHEREVER PERMITTED BY LAW, YOU ACKNOWLEDGE THAT FINDMYDIRECTDOCTOR WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS, AND ATTORNEYS' FEES, DAMAGES ARISING OUT OF ERRORS OR OMISSIONS, AND DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THE WEBSITE OR DOWNTIME. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT FINDMYDIRECTDOCTOR’S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID TO USE THE WEBSITE OR $1000, WHICHEVER IS LESS.

FINDMYDIRECTDOCTOR EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY DAMAGE, INJURY, HARM, COST, EXPENSE, OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF SERVICES PURCHASED THROUGH THE WEBSITE. EXCEPT FOR THE WARRANTIES SPECIFICALLY STATED IN THIS AGREEMENT, SERVICES PURCHASED THROUGH THE WEBSITE ARE PROVIDED WITHOUT EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO SEEK LEGAL ADVICE TO DETERMINE IF THIS EXCLUSION APPLIES TO YOU.

FINDMYDIRECTDOCTOR WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY, WHETHER IN WARRANTY, CONTRACT, STRICT LIABILITY, TORT, OR NEGLIGENCE, FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF SERVICES ADVERTISED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DAMAGE TO PROPERTY, LOSS OF BUSINESS, LOSS OF INCOME, DEATH, PERMANENT OR TEMPORARY DISABILITY, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE. YOU ACKNOWLEDGE THAT YOUR USE OF SERVICES ADVERTISED THROUGH THE WEBSITE IS AT YOUR SOLE RISK AND THAT FINDMYDIRECTDOCTOR’S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID FOR THE WEBSITE OR $1000, WHICHEVER IS LESS.

You agree to indemnify, defend, and hold harmless FindMyDirectDoctor, its officers, shareholders, directors, employees, subsidiaries, affiliates, and representatives from any and all losses, including, but not limited to, costs and attorneys' fees, arising out of or related to (i) your use of the Website, (ii) your purchase of services through the Website; (iii) your use or misuse of services obtained through the Website; (iv) your violation of any term or condition of this Agreement; (v) your violation of the rights of third parties, including, but not limited to, intellectual property rights or other personal or proprietary rights; and (vi) your violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international. Your obligation to defend FindMyDirectDoctor will not provide you with the ability to control FindMyDirectDoctor’s defense, and FindMyDirectDoctor reserves the right to control its defense, including its choice of counsel and whether to litigate or settle a claim subject to indemnification

This Agreement will be governed by and interpreted in accordance with the laws governed by the State of Kansas without regard to the conflicts of laws rules thereof.

YOU AND FINDMYDIRECTDOCTOR AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR CONCERNING THE VALIDITY, INTERPRETATION, BREACH, VIOLATION, OR TERMINATION OF THIS AGREEMENT. ANY UNRESOLVED DISPUTE OR CONTROVERSY ARISING FROM OR RELATING TO THIS AGREEMENT SHALL BE FINALLY RESOLVED BY BINDING ARBITRATION THROUGH THE PLATFORM PROVIDED BY NEW ERA ADR, INC. (https://app.neweraadr.com/) (the “NEW ERA PLATFORM”) IN ACCORDANCE WITH ITS RULES AND PROCEDURES FOR “VIRTUAL EXPEDITED ARBITRATIONS” BY A PROFESSIONAL NEUTRAL WITH SUBSTANTIAL EXPERIENCE IN RESOLVING COMMERCIAL DISPUTES (the “NEUTRAL”). THE NEUTRAL SHALL BE CHOSEN IN ACCORDANCE WITH THE RULES AND PROCEDURES OF THE NEW ERA PLATFORM. THE PARTIES WILL BEAR COSTS AS PROVIDED FOR UNDER THIS AGREEMENT OR, IF SILENT, IN ACCORDANCE WITH THE RULES AND PROCEDURES OF THE NEW ERA PLATFORM. THE PREVAILING PARTY MAY BE ENTITLED TO RECEIVE REIMBURSEMENT OF REASONABLE EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND ALL OTHER EXPENSES) INCURRED IN CONNECTION THEREWITH, AT THE NEUTRAL’S DISCRETION.

YOU AGREE THAT ANY AND ALL DISPUTES BETWEEN YOU AND FINDMYDIRECTDOCTOR WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.

Notwithstanding the foregoing, both parties retain the right to file any claim that is not a class action and which is properly within the limited jurisdiction of a small claims court within small claims court.

BOTH PARTIES UNDERSTAND AND AGREE THAT ALL DISPUTES ARISING OUT OF OR IN RELATION TO THIS AGREEMENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE ON WHICH THE DISPUTE AROSE. THE PARTIES EXPLICITLY WAIVE ANY AND ALL STATUTE OF LIMITATIONS OR TIME BARS.

FindMyDirectDoctor will not be responsible for any delay or failure in performance of the Website or its associated products arising out of any cause beyond FindMyDirectDoctor’s control, such as acts of God, war, riots, fire, terrorist attacks, pandemics, power outages, computer or technology outages or failures, severe weather, or other accidents.

The representations, warranties, duties, and covenants made by you under this Agreement will survive the termination of this Agreement, your User Account, or the Website, including, but not limited to, your duty to indemnify and defend FindMyDirectDoctor.

In the event any term or condition of this Agreement is deemed invalid or unenforceable, the remaining terms and conditions of this Agreement will remain in full force and effect.

This Agreement will be deemed to have been drafted by both parties, and the terms and conditions of this Agreement will not be interpreted against its drafter.

You are expressly prohibited from assigning your rights and duties under this Agreement. FindMyDirectDoctor reserves the right to assign its rights and duties under this Agreement, including in a sale of FindMyDirectDoctor or its Website.

No term or condition of this Agreement or breach of this Agreement will be deemed to have been waived or consented to unless said waiver is writing and signed by the party to be charged. This Agreement is the entire agreement between the parties and supersedes all previous agreements or representations between the parties. FindMyDirectDoctor incorporates by reference its Privacy Policy as if fully stated herein.

When you use the Website or submit a contact form through the Website, you understand and agree that are expressly prohibited from including protected health information or confidential information in your submission. If you wish to keep your health information or any other information that you submit through the Website confidential, you are directed to not submit it through a contact form and, instead, submit it directly to your doctor.