The MD Medical Weight Loss & Wellness Center (“we,” “us,” or “our”) website and related pages on social networking sites (collectively, “Website”) provides the various features, content, materials, products, and services offered or available in connection with the Website (“Online Services”) for patients and other users accessing or interacting with the Website or the Online Services (“you” or “your”). By accessing and using the Website or Online Services, you acknowledge that you have read, understood, and agree to be bound by all of these Terms of Use.
Please read these terms of use carefully. If you do not agree to all of the terms, do not use the website or online services.
Supplemental terms and conditions or documents that may be posted on the Website from time to time are expressly incorporated into these Terms of Use by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the above-reference “Revised” date. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be deemed to have been made aware of, accepted, and you will be subject to the changes in any revised Terms of Use by your continued use of the Website after the date such revised Terms of Use are posted.
The Website and Online Services are provided for general educational and informational purposes only and made in good faith, without verifying the accuracy, utility, or clinical validity of any information and should not be relied on as the sole basis for making decisions.
This Website may provide specific health information, none of which is intended to be specific to your medical condition. Nothing contained in this Website is intended to be construed as medical or other professional advice by us. You are responsible for making independent determinations about the information you receive on the Website or by using the Online Services and reliance on any such information provided is solely at your own risk and does not ensure a successful medical outcome.
This Website and Online Services are not intended to create a physician-patient relationship. By accessing the Website, you acknowledge that no representation made by us is an examination, diagnosis, or prescription by a person licensed to practice medicine. If you have a medical complaint or suspect a medical problem, we strongly urge you to seek immediate medical attention. No warranty, representation, or guarantee is being made that any medical information provided via the Website and/or any Online Services are accurate, complete, exhaustive, reliable, current, appropriate, useful, or fit for a particular purpose.
No liability or responsibility will be assumed by us for the accuracy, completeness, or usefulness of any medical information disclosed via the Website and we have no obligation to you for your use or reliance on the same, including no liability for subsequent damage or loss resulting from use of or reliance on any medical information posted on the Website.
Although we strive to provide accurate information on the Website, certain Online Services offered or available through the Website (such as pricing information and product availability) are subject to change and may not be accurate, complete, or current. We are not responsible if information on the Website or related to the Online Services is inaccurate, incomplete, or out-of-date. We reserve the right to change, modify or remove any of the terms and conditions contained in these Terms of Use at any time or for any reason at our sole discretion. However, we have no obligation to update the information on the Website.
We also reserve our right to modify or discontinue all or part of the Online Services without notice at any time. We will not be liable to you or any other third party for any modification, price change, suspension or discontinuance of Online Services.
- Download any portion of the Website or Online Services, except that you may download and/or print a copy of information provided on the Website for your personal use only if you keep intact all copyright, proprietary statements and trademark notices. Permission to reprint or electronically reproduce any document or graphic, in whole or in part, for any other purpose is expressly prohibited without prior written consent from the respective copyright holder(s).
- Republish, incorporate, or otherwise use the Website or reproduce, distribute, publicly perform, or publicly display any Online Services without our express written consent.
- Use data mining, scraping, or other data gathering or extraction methods on the Website.
- Modify or otherwise make any derivative use of the Website or Online Services.
- Resell or use the Website for commercial use without our express written consent.
- Use the Website or Online Services to gain advertising or subscription revenue.
- Sell advertising on our Website or any other website, which is targeted to any of our Online Services.
- Use the Website or Online Services in any way that violates any applicable federal, state, local or international law.
- Use the Website to engage in any conduct that harasses, intimidates, bullies, or otherwise restricts or inhibits the use or enjoyment of the Website or Online Services by any other user, or which we find, in our sole discretion, harms us or users of the Website.
- Introduce any virus, Trojan horse, worm, or other malicious technology to the Website, or launch any kind of denial-of-service attack on the Website, or otherwise attempt to interfere with the proper operation of the Website.
You acknowledge and agree that any testimonials, photos, reviews, feedback, comments, questions, suggestions, ideas, or other communication or materials (collectively, “Submissions”) provided by you via our Website as a submission to us will become our sole property. We will own exclusive rights, including all intellectual property rights, and we will be entitled to the unrestricted use and dissemination of all Submissions for any lawful purpose without acknowledgment to you or payment of any compensation. You hereby waive your moral rights to any Submissions and you hereby warrant that any Submission is original with you or that you have the legal right to make the Submission. You agree that you will have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us. We are under no obligation to use any Submission. All Submissions will be treated as non-confidential.
The Website may allow you to submit your reviews about products and services received at our office (“Reviews”). Any Reviews you submit via the Website are posted on the Website and will be treated as non-confidential and non-proprietary. Such Reviews are considered Submissions (as defined above) and are governed by these Terms of Use.
When submitting a Review, you must comply with the following criteria:
(i) You should have firsthand experience with the product or service being reviewed;
(ii) your Reviews must not contain offensive language, profanity, or
abusive, racist, or hate language; discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; or references to illegal activity;
(iii) you should not be affiliated with competitors if submitting negative Reviews; and
(iv) you may not submit any false statements or organize a campaign encouraging others to submit Reviews, whether positive or negative.
By submitting a Review, you grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable and sub-licensable right and license to reproduce, modify, translate, transmit by any means, display, and distribute all content relating to your Reviews.
Any use of the Website or Online Services in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your right to use the Website and Online Services.
We have no obligation to monitor your Reviews; however, we may in our sole and absolute discretion, delete any Review that:
(a) contains any potentially damaging computer code, process, program, application, or file;
(b) discloses trade secrets;
(c) is unlawful or inappropriate; or
(d) contains information that is unrelated to the Website or Online Services.
The Website and Online Services include both registered and unregistered trademarks, service marks, logos, slogans, and designs that are our property and subject to and protected by the copyright, trademark, and intellectual property laws of the United States and may not be copied, imitated, or used by you. In addition, the look and feel of the Website is our service mark, trademark and/or trade dress and may not be copied, imitated or used by you. All other trademarks, service marks, product names, and company names or logos mentioned in the Website are the property of their respective owners. Reference to any products, services, or other information, by trade name, trademark, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us. You may browse the Website, download and print content if you keep intact all copyright, proprietary statements and trademark notices. No reproduction of any part of the Website may be distributed for commercial gain nor shall it be sold, modified or incorporated into any other work, publication, or website.
Unless otherwise indicated, the Website and Online Services are our proprietary property and are protected by United States and international copyright laws. All rights are reserved. You may not use the Website or Online Services for anything that is not allowed under these Terms of Use or the copyright laws of the United States. Nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.
We respect the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we strive to remove any infringing material from the Website. We have adopted a policy of terminating users of the Website or Online Services who are deemed to be repeat copyright infringers. You should be aware of and comply with applicable copyright laws.
Notifications. If you believe that any content available on or through the Website infringes upon any copyright you own or control, please immediately notify us by email (“Notification”) to contact@mytrimmd.com, providing the information described below, which Notification must meet the requirements of a proper takedown notice pursuant to DMCA 17 U.S.C. § 512(c)(3). A copy of your Notification will be sent to the person who posted or stored the content addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that content located on or linked to by the Website infringes on any copyright you own or control, you should consider first contacting an attorney. We have a policy of terminating repeat infringers in appropriate circumstances.
All Notifications should include the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at the Site are covered by the Notification, a representative list of such works at the Website;
(iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the content;
(iv) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) a statement that the complaining party has a good faith belief that use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) a statement that the information in the Notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Counter Notification. We also will advise the alleged infringer of the DMCA statutory Counter Notification procedure described below by which the alleged infringer may respond to your claim and request that we restore this content. If you believe your own copyrighted content has been removed from the Website or the Online
Services as a result of mistake or misidentification, you may submit a written counter notification (“Counter Notification”) to contact@mytrimmd.com pursuant to DMCA 17 U.S.C. § 512(g)(2) and (3). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:
(a) Identification of the content that has been removed or disabled and the location at which the content appeared before it was removed or disabled;
(b) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the U.S., for any judicial district in which we are located;
(c) a statement that you will accept service of process from the party that filed the Notification or the party’s agent;
(d) your name, address and telephone number;
(e) a statement under penalty of perjury that you have a good faith belief the content in question was removed or disabled as a result of mistake or misidentification of the content to be removed or disabled; and
(f) your signature. If you send us a valid, written Counter Notification, we will restore your removed or disabled content after ten (10) business days but no later than fourteen (14) business days from the date we receive your Counter Notification, unless we first receive notice from the party filing the original Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the content in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury.
You may not use our logo or any other proprietary graphic to link to the Website or Online Services; however, we permit text links to content on our Website, provided:
(i) the purpose of the link is not to damage the reputation of the Website, its representatives, or users;
(ii) the appearance of the link does not imply any association with us or the Website that does not exist; and
(iii) when accessed, the link must open in full-screen, and not as a frame on the linked website. Third party websites are not under our control and we are not responsible for the quality, content, nature, or reliability of third-party websites accessible by link from our Website or websites linking to our Website. We may provide links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of any website. By using the Website or Online Services, you expressly relieve us from any liability arising from your use of third-party websites. When you leave the Website, you should be aware that our terms and policies will no longer apply.
The website and online services are provided on an “as is” and “as available” basis without warranties of any kind. To the full extent not precluded by applicable law, we disclaim and exclude all warranties with respect to all services offered or available through the website, including without limitation, implied warranties of erchantability, fitness for a particular purpose, title and non-infringement. As to the accuracy or reliability of the online services accessed through the website, we do not represent or warrant that the website or online services are accurate, complete, reliable, current, secure or errorfree. We expressly disclaim liability for typographical errors or omissions, technical failures, incomplete, scrambled or delayed transmissions or technical inaccuracies, as well as unauthorized access to user transmissions by third parties. While we attempt to make your access and use of the website and online services safe, we cannot and do not represent or warrant that the website is free of viruses, malware, defective software or other harmful components. Price and availability of online services and other content on the website or accessible therefrom is subject to change without notice. Use of the website and online services is at your sole risk.
We cannot guarantee the Website and Online Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Website, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Website or Online Services at any time and for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Website or Online Services during any downtime or discontinuance of the Website or Online Services. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Website or Online Services. We may block, deny, terminate, suspend, or limit your access to or use of the Website or Online Services in our sole discretion, at any time or for any reason and without notice or liability. We have no responsibility or obligation to maintain the Online Services on the Website or to supply any corrections, updates, or releases in connection there with.
In no event will we or our employees, contractors or agents be liable for any damages of any kind whatsoever, whether in an action in contract, tort or otherwise, arising out of or in any way connected with the use of or inability to use the website or online services, including without limitation any damages caused by or resulting from reliance by user on any information obtained from us or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, viruses, delays in operation or transmission or any failure of performance,whether or not resulting from an act of god, communication failure, theft, destruction or unauthorized access to our records, programs or services. Certain state laws do not allow limitations on implied warranties or the exclusion of limitation of certain damages. Therefore, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
As a user of the Website and Online Services, you agree to defend, indemnify, and hold us harmless, including our employees, contractors and agents, from and against all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys’ fees), which arise from: (i) Your use of and access to the Website or Online Services; (ii) your violation of these Terms of Use; (iii) your violation of the rights of a third party, including by not limited to intellectual property rights; or (iv) any act or omission by you related to the Website or Online Services.
Protecting privacy of information is an important priority for us. Refer to our Website Privacy Policy to learn how we use, and disclose information collected via the Website. Please be advised the Website and Online Services are hosted in the United States. We do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us, we will delete that information as quickly as is reasonably practical.
By accessing or visiting the Website, sending emails to us, scheduling an appointment online, or otherwise using the Online Services, you agree that we may collect, use, and disclose certain information about you. We may use this information to contact you using various electronic communication methods for a variety of purposes, such as to inform you of additional features of the Website or Online Services and for purposes of informing you of any related products or services that may be offered at our office (any such contact is hereafter referred to as “Promotional Messages”). You agree that any Promotional Messages we may transmit to you electronically will satisfy any legal communication requirements, including that such communication be in writing. Please be aware that text and/or data rates may apply to Promotional Messages you may receive via your mobile device, depending on the data plan you have with your mobile service provider. We have no intention of spamming you with unwanted messages and you may opt out of Promotional Messages at any time by following the unsubscribe instructions included in each email. Please see our privacy policy for further information on how we manage your information.
These Terms of Use and your use of the Website and Online Services are governed by and construed in accordance with the laws of the State of Indiana applicable to agreements made and performed within the State of Indiana, without resort to its conflict of law principles.
These Terms of Use and any policies or operating rules posted by us in the Website or in respect to the Online Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay or failure to act arising out of or on account of any cause beyond our reasonable control. If any provision of these Terms of Use is unlawful, void, or unenforceable, that provision is deemed stricken from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You here by waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
If you have any questions, comments, or want to report a violation regarding these Terms and Conditions, please send us an email to: contact@mytrimmd.com.
