Legal Terms of Use

Last Updated: August 27, 2019

ACCEPTANCE OF TERMS

These terms and conditions of use (“Terms of Use”) govern your use of our online interfaces and properties (e.g., websites and mobile applications) owned and operated by Innovation Specialists LLC (d/b/a 2nd.MD) ("2nd.MD"), including its website at www.2nd.MD (the “Site”) as well as the services (“Services”) available to users through 2nd.MD.

NOT FOR EMERGENCIES: IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL “911”.

The Site also contains text, pictures, graphics, logos, button items, images, works of authorship, and other content (collectively with all information and material about 2nd.MD, "Content"). This Site is intended for use only by users who are at least 18 years of age.

PLEASE NOTE: Your access to and use of this Site are subject to these terms of use ("Terms of Use"), as well as all applicable laws and regulations. Please read these Terms of Use carefully. By clicking “accept”, you acknowledge that you have read, understand, and accept all terms and conditions contained within the Terms of Use, the Privacy Policy provide to you by 2nd.MD. If you do not accept and agree to be bound by any of these Terms of Use, you are not authorized to access or otherwise use this Site or any information or Content contained on this Site. Unless otherwise indicated, any new Content added to this Site will also be subject to these Terms of Use effective upon the date of any such addition. You are encouraged to review the Site and these Terms of Use periodically for updates and changes.

If you have any questions about these Terms of Use, please contact us at support@2nd.md.

PRIVACY PRACTICES

You agree that information provided by you in connection with the Services and 2nd.MD shall be governed by the 2nd.MD Privacy Policy, which is hereby incorporated and made a part of these Terms of Use.

NO PRACTICE OF MEDICINE BY 2ND.MD

2nd.MD does not provide medical advice or care. The 2nd.MD Services provide users with online access to Specialists who may provide health education to Members who have chosen to participate in this Service. 2nd.MD DOES NOT PROVIDE MEDICAL DIAGNOSIS, TREATMENT, OR PRESCRIPTION OF ANY KIND. ALL INFORMATION PROVIDED ON THIS SITE OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY 2nd.MD, INCLUDING, WITHOUT LIMITATION, REAL-TIME VIDEO OR EMAIL COMMUNICATIONS BETWEEN PROFESSIONALS UTILIZING THE SITE AND CONSUMERS IS INTENDED TO BE FOR GENERAL INFORMATIONAL AND HEALTH EDUCATION PURPOSES ONLY, AND IS IN NO WAY INTENDED TO CREATE A PHYSICIAN – PATIENT RELATIONSHIP AS DEFINED BY STATE AND FEDERAL LAW. 2nd.MD IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL DIAGNOSIS OR TREATMENT. RELIANCE ON ANY INFORMATION PROVIDED BY 2nd.MD OR ANY PROFESSIONALS THAT UTILIZE 2nd.MD AT THE INVITATION OF 2nd.MD IS SOLELY AT YOUR OWN RISK.

All information provided by 2nd.MD is intended to be for general informational purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law.

INDEPENDENCE OF SPECIALISTS AND PROFESSIONALS

The specialists and professionals utilizing or featured on the Site are subscribers and licensees to the Site and not employees. Any health education, opinions, advice, or information expressed by a professional or specialist utilizing or featured on the Site are of the professional and the professional alone. They do not reflect the opinions of 2nd.MD. 2nd.MD does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on 2nd.MD or by a licensee of 2nd.MD.

SUCH INFORMATION IS PROVIDED ON AN "AS-IS" BASIS AND 2nd.MD DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. 2nd.MD SHALL IN NO EVENT BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY ANY PARTY (INCLUDING, WITHOUT LIMITATION, ANY USER) IN RELIANCE ON INFORMATION ABOUT PROFESSIONALS AND SPECIALISTS ON THE SITE. The use of the Site by any entity or individual to verify the credentials of professionals or specialists is prohibited.

All opinions and statements expressed by a Specialist or Professional on this Site and during any session facilitated through this Site are solely the individual and independent opinions and statements of the Specialist or Professional and do not reflect the opinions of 2nd.MD, its affiliates or any other organizations or institutions to which such Specialist or Professional is affiliated or provides services.

AVAILABILITY OF SERVICE

2nd.MD operates subject to state and federal regulations, where applicable, and the Services may not be available in your state, territory, and country. You represent that you are not a person barred from receiving the Services under the laws of the United States, the European Union, or other applicable jurisdictions in which you may be located. Accessing the Services from jurisdictions where content is illegal, or where 2nd.MD does not offer Services, is prohibited.

PASSWORD ACCOUNTS, PASSWORDS, AND SECURITY

By registering on the Site, users of the Site ("Users") can receive access to the password-protected portions of the Site (the "User Portal"). You agree to fully, accurately, and truthfully create your Account, including but not limited to your name, email address, phone number, and password, which may become your 2nd.MD ID and credentials. The 2nd.MD ID or credentials are personal to you, and you are solely responsible for maintaining the confidentiality of your 2nd.MD ID or credentials, and for all activities that occur under such 2nd.MD ID or credentials. You agree to prohibit anyone else from using your 2nd.MD ID or credentials. You agree to (a)immediately notify 2nd.MD of any unauthorized use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. 2nd.MD will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by 2nd.MD or another party due to someone else using your account or password if the use was caused or permitted by You. You may not use anyone else's account at any time, without the permission of the account holder.

CODE OF CONDUCT

Users may be asked to comply with a User code of conduct, which will consist of policies and procedures governing User conduct on the Site ("Code of Conduct"). Such Code of Conduct, once added to the Site, may be updated from time to time by 2nd.MD. The most recent Code of Conduct will be posted on the Site and any new material added to the Code of Conduct will be effective upon the date of publication on the Site.

LIMITED LICENSE AND SITE ACCESS; ALL RIGHTS RESERVED

2nd.MD hereby grants you a limited license to access and make personal use of this Site, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of 2nd.MD (e.g., downloading of PDF forms, applications, etc.). This license does not include any resale or commercial use of this Site or the Content; any derivative use of this Site or the Content; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of 2nd.MD. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of 2nd.MD without 2nd.MD's express written consent. You may not use any meta-tags or any other "hidden text" utilizing any of 2nd.MD's name(s) or service marks without the express written consent of their owners. We (or the respective third party owners of Content) retain all right, title, and interest in this Site and any Content and features offered on this Site, including any and all intellectual property rights. We (or the respective third party owners of Content) reserve all rights not expressly granted herein. Any unauthorized use terminates the permission or license granted by 2nd.MD.

COPYRIGHT

Except as otherwise expressly stated, all Content appearing on this Site is the copyrighted work of 2nd.MD or its third party content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content is also the exclusive property of 2nd.MD or its third party content suppliers and is protected by U.S. and international copyright laws.

You may download information from this Site and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from this Site, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of 2nd.MD or any applicable third party suppliers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by 2nd.MD. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. 2nd.MD does not warrant or represent that your use of Content or any other materials displayed on this Site will not infringe rights of third parties. Your use of any of the Content beyond the scope of personal use may require a license from the owner of the rights to the data with respect to the use of portrait right, trademark, copyright, design right, right of utilization or any other rights of the persons, products or landscape portrayed in the provided Content. 2nd.MD is not responsible for any claims of ownership rights to any images or data against you. You will indemnify, defend and hold harmless 2nd.MD from and against any losses or claims, by an owner of data or image rights or any third party resulting from any violation by You of these Terms of Use.

If you believe that any Content on this Site violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please notify us immediately at feedback@2nd.md with all specifics necessary for us to consider and respond to your complaint. You may be asked to provide additional information and follow additional procedures for us to act on your complaint.

TRADEMARKS AND SERVICE MARKS

Certain trademarks on the Site are the service marks and trademarks of 2nd.MD, the specialists, the professionals or other licensees of 2nd.MD or other third parties. The domain name for this Site, all page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of 2nd.MD and/or other third parties. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Site are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Site without the prior written authorization of 2nd.MD and/or other third parties which authorization may be withheld in such parties’ sole discretion.

CONNECTION REQUIREMENTS

You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines required to access and use this Site, and 2nd.MD reserves the right to change the access configuration of this Site at any time without prior notice.

PROHIBITED USE

Any use or attempted use of this Site (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) interfere with any other party's use and enjoyment of the Site, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by 2nd.MD to be made accessible to a user, or (vi) attempt to obtain any materials or information through any means not intentionally made available by 2nd.MD, or (vii) any use other than the business purpose for which it was intended, is prohibited.

In addition, in connection with your use of the Site, you agree you will not:

  1. Upload or transmit any message, information, data, text, software or images, or other content ("Material") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another's right of privacy or publicity;
  2. Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any 2nd.MD representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  3. Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
  4. Upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
  5. Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
  6. Use the Site's communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
  7. Upload or transmit any unsolicited advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation, commercial or otherwise;
  8. Violate any applicable local, state, national or international law;
  9. Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
  10. Delete or revise any material posted by any other person or entity;
  11. Manipulate or otherwise display the Site by using framing, mirroring or similar navigational technology or directly link to any portion of the Site other than the main homepage, www.2nd.md, in accordance with the Limited License and Site Access outlined above;
  12. Probe, scan, test the vulnerability of or breach the authentication measures of, this Site or any related networks or systems;
  13. Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services or any contests, promotions or sweepstakes if you are not expressly authorized by such party to do so;
  14. Harvest or otherwise collect information about others, including e-mail addresses; or
  15. Use any robot, spider, scraper, or other automated or manual means to access this Site, or copy any content or information on this Site. 2nd.MD reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of the user's access and/or account. 2nd.MD may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, 2nd.MD reserves the right at all times to disclose any information as required by Law after first giving you the opportunity to seek a protective order or motion to quash, unless prohibited by law.
RIGHT TO MONITOR

2nd.MD neither actively monitors general use of this Site under normal circumstances nor exercises editorial control over the content of any third party's site, e-mail transmission, news group, or other material created or accessible over or through this Site. However, 2nd.MD does reserve the right to monitor such use at any time as it deems appropriate and to remove any materials that, in 2nd.MD's sole discretion, may be illegal, may subject 2nd.MD or other third party to liability, may violate these Terms of Use, or are, in the sole discretion of 2nd.MD, inconsistent with 2nd.MD's purpose for this Site.

NO 2ND.MD EDITORIAL CONTROL OF THIRD-PARTY CONTENT; NO STATEMENT AS TO ACCURACY

To the extent that any of the Content included in the Site is provided by third party content providers or other Site users, 2nd.MD has no editorial control or responsibility over such Content. Therefore, any opinions, statements, products, services or other information expressed or made available by third party suppliers or users on this Site are those of such third party suppliers or users, respectively. 2nd.MD does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of the Content displayed on this Site or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with 2nd.MD.

LINKS TO THIRD PARTY WEBSITES

This Site may contain hyperlinks to other sites owned and operated by parties other than 2nd.MD. Such hyperlinks are provided only for ready reference and ease of use. We do not control such websites and cannot be held responsible for their content or accuracy and do not endorse these sites unless we specifically so state. In the event this Site provides hyperlinks to other websites that are not owned, operated or maintained by 2nd.MD, you acknowledge and agree that 2nd.MD is not responsible for and is not liable for the content, products, services or other materials on or available from such websites. We accept no liability for any information, products, advertisements, content, services or software accessible through these third party websites or for any action you may take as a result of linking to any such website. Any such websites are likely to set forth specific terms of use and privacy policies that you should review. 2nd.MD is under no obligation to maintain any link on this Site and may remove a link at any time in its sole discretion for any reason whatsoever. 2nd.MD shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such website. 2nd.MD is not responsible for the privacy practices of any other websites.

CONSENT TO RECEIVE CALLS AND TEXT MESSAGES AND VIDEO RECORDING

By providing your mobile number you are agreeing to be contacted by or on behalf of 2nd.MD at the mobile number you have provided, including calls and text messages, to receive informational, Product or Service related (e.g., progress tracking, reminders, etc.) communications relating to the Site and Services. Message and data rates may apply. For help, text the word HELP to “2NDMD”. To stop receiving text messages text the word STOP to “2NDMD”. We may confirm your opt out by text message. After this, you will no longer received SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again. If you subscribe to multiple types of text messages from us, we may unsubscribe you from the service that most recently sent you a message or respond to your STOP message by texting you a request to identify services you wish to stop. Please note, that by withdrawing your consent, some Site features and certain Services may no longer be available to you. Keep in mind that if you stop receiving text messages from us you may not receive important and helpful information and reminders about your Services.

2nd.MD may record and preserve (text, audio, and video) all or part of your interaction (“Recordings”). Such Recordings are used for quality assurance purposes only, to better deliver to you the Services. 2nd.MD will keep such Recordings confidential. By accessing and using the Site, you agree and consent to such Recordings for the purposes and uses set forth in these Terms of Use and as otherwise set forth in the Privacy Policy.

2nd.MD is committed to being compliant with the Telephone Consumer Protection Act (“TCPA”). You consent to receive text messages from us as set forth in this section. Emails, newsletters, and text messages received from us are intended to fully comply with the TCPA. In the event you receive an email or text message from us which you do not believe is fully compliant with the TCPA, please contact us immediately at Legal@2nd.MD.

SPECIAL RULES FOR USER UNDER 18 YEARS OLD

If you are under the age of eighteen (18) and wish to create an account with 2nd.MD (“Account”), your parent or legal guardian must create the Account, submit your personal information, and agree to these Terms of Use on your behalf. If you are under the age of 13, you may only use our Services or access our Site with the supervision and consent of your parents or legal guardians. If we learn that we have collected personal information from someone under the age of 13 that was not provided with the supervision and consent of the minor’s parents or legal guardian, we will promptly delete that information. If you believe we have impermissibly collected personal information from someone under the age of 13, please contact us at Legal@2nd.MD.

DISCLAIMER

Content and other information contained on this Site has been prepared by 2nd.MD as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. 2nd.MD has used reasonable efforts in collecting, preparing and providing quality information and material, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the Content or other information contained in or linked to this Site or any other website maintained by 2nd.MD. Users relying on Content or other information from this Site do so at their own risk.

THE 2ND.MD SITE IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS. 2nd.MD AND ITS LICENSEES (INCLUDING THE SPECIALISTS AND PROFESSIONALS UTILIZING THE SITE), TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE. 2nd.MD MAKES NO WARRANTY THAT THE CONTENT IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS- FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.

LIMITATION OF LIABILITY

IN NO EVENT SHALL 2nd.MD, ITS LICENSEES (INCLUDING THE SPECIALISTS AND PROFESSIONALS UTILIZING THE SITE), OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT 2nd.MD ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 2NDMD, ITS LICENSEES (INCLUDING THE SPECIALISTS AND PROFESSIONALS UTILIZING THE SITE), OR ANY THIRD PARTIES MENTIONED ON THE SITE SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $1,000. 2nd.MD, ITS LICENSEES (INCLUDING THE SPECIALISTS AND PROFESSIONALS UTILIZING THE SITE), OR ANY THIRD PARTIES MENTIONED ON THE SITE ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SITE. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SITE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SITE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

NOTICES

Any notices to you from 2nd.MD regarding the Site or these Terms of Use will be posted on this Site or made by e-mail or regular mail.

ELECTRONIC COMMUNICATIONS

When you use the Services, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us or the Specialist electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. 2nd.MD may contact you by telephone, mail, or e-mail to verify your account information. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Use.

CONTENT UPLOAD TERMS OF USE

2nd.MD collects and uploads to 2nd.MD’s own Site and to websites, social media sites, blogs, other digital properties operated by 2nd.MD, and printed material and other printed matter for the use by 2nd.MD in marketing, promotional, advertising and other customer engagement (hereinafter the “2nd.MD Properties”) of photos, text, graphics, audio, video, location information, comments and other materials from social media sites, including but not limited to Facebook, Twitter, Instagram, and YouTube that users have tagged or permitted others to tag with 2nd.MD related handles or @mentions and/or that users or others acting on their behalf or with their permission upload directly with or without tags onto the 2nd.MD Properties (hereinafter collectively “User Content”).

2nd.MD reserves the right to alter these Content Upload Terms of Use without advance notice by posting a revised Content Upload Terms of Use. Accordingly, you should review the Content Upload Terms of Use each time you provide User Content, to stay informed of any changes to the Content Upload Terms of Use.

User Content - By providing User Content, you hereby agree that every time you and/or someone else acting on your behalf or with your direct or implied permission upload(s), post(s), display(s) and/or otherwise use(s) your User Content on and/or in connection with any websites, social media websites or platforms, blogs, or other online forums or media, including but not limited to those listed above, regardless of whether you or others acting on your behalf or with your permission see or accept these Content Upload Terms of Use or any modifications thereof in the future, you hereby grant to 2nd.MD and all of their respective agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, and third-party service providers, and any other third parties engaged by any of the foregoing, including but not limited to marketing or public relations agencies, and the employees, officers and directors of all of the foregoing (hereinafter collectively, the “Licensed Parties”) the worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use your User Content in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on webpages and social media pages operated by the Licensed Parties, in promotional e-mails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known.

The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Content in any manner in their sole discretion, with no obligation to you whatsoever.

You grant the Licensed Parties the right to use your name, image, likeness, descriptions of you, location or other identifying information, including but not limited to your voice, in connection with any use of your User Content.

You acknowledge that the Licensed Parties may elect not to use your User Content at this time, but may do so at its own discretion at a later date. You grant the Licensed Parties the option to contact you for 2nd.MD advertisement campaigns.

You hereby agree and represent and warrant that (i) you are solely responsible for your User Content, (ii) you own all rights in and to your User Content and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to such User Content, (iii) you are not a minor, (iv) the Licensed Parties’ use of your User Content as described herein will not violate the rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights, of any third party, or any law, rule or regulation, and (v) the User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful.

You hereby agree and represent and warrant that (i) you, and only you, made your User Content voluntarily, (ii) it contains your own opinion; (iii) it is based on your own experience(s) with 2nd.MD or one of its partners, customers, and/or its services; and (iv) and it is true and correct to the best of your knowledge.

You hereby release, discharge and agree to hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to the Licensed Parties’ use of your User Content.

User Content Privacy - You must respect people’s privacy at all times and must not include confidential or private information in your User Content. Examples of confidential or private information are details of an individual’s private life, email or physical addresses, telephone numbers or any other contact information of any person. Before posting anything to this or any other site, please keep in mind that after you post information on the internet you have no control over it.

The User Content that you submit is deemed non-confidential and the Licensed Parties have no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission. By using this Site or the Services, you are consenting to the Licensed Parties’ collection of any personal information you provide, on behalf of the Licensed Parties for the Licensed Parties’ use and disclosure in connection with the use of your User Content as described herein. If you do not agree to the collection, use and disclosure of your personal information in this way, please do provide User Content.

Any User Content submitted by you can be used at 2nd.MD’s sole discretion. 2nd.MD reserves the right to modify, summarize or delete any User Content. 2nd.MD does not guarantee that there are any possibilities for you to edit or delete the User Content you submit.

No Renumeration - You understand that there will be no financial or other remuneration for any upload and use of your User Content to the 2nd.MD Properties in marketing, promotional, advertising, and other customer engagement now or in the future.

INDEMNIFICATION – YOU AGREE TO INDEMNIFY AND DEFEND THE LICENSED PARTIES AGAINST ANY AND ALL CLAIMS BY THIRD PARTIES ARISING OUT OF OR IN CONNECTION WITH YOUR USER CONTENT, EXCEPT TO THE EXTENT SUCH CLAIMS ARISE FROM LICENSED PARTIES EDITING OR ALTERATION OF YOUR USER CONTENT.

Notice and Take Down – If you believe that any User Content infringes your rights, you may provide us with written notification of your claim to:

2nd.MD
Attn: Legal
1300 Post Oak Boulevard, Suite 725
Houston, TX 77056
Legal@2nd.MD

To be effective, your written notification must include (a) your name and address where applicable; (b) an explanation of why you are affected; (c) a precise description of the allegedly illegal content; (d) the reason why the content is illegal.

GENERAL PROVISIONS

Entire Agreement - These Terms of Use, the Contract, and other policies 2nd.MD may post on this Site constitute the entire agreement between 2nd.MD and you in connection with your use of this Site including, without limitation, the User Portal, and supersedes any prior agreements between 2nd.MD and you regarding use of this Site, including prior versions of these Terms of Use.

Governing Law; Severability of Provisions - The Terms of Use are governed by the laws of the State of Texas, USA and controlling United States Federal Law without regard to any conflicts of law provisions. All parts of these Terms of Use apply to the maximum extent permitted by law. We both agree that if we cannot enforce a part of this contract as written, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce to the extent permitted by law. The invalidity of part of these Terms of Use will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.

No Agency Relationship - Neither these Terms of Use, nor any Content, materials or features of this Site create any partnership, joint venture, employment, or other agency relationship between us. You may not enter into any contract on our behalf or bind us in any way.

Remedies - You agree that any violation, or threatened violation, by you of these Terms of Use constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

Contacting Us – If you have any questions or concerns about these Terms of Use, please contact us at Legal@2nd.MD. We will attempt to respond to your questions or concerns promptly after we receive them.