MD.com Terms of Use

Our terms of use include important information to keep in mind as you use our site.

Welcome to MD.com, the website The Company (the “Site”). Thank you for using our Site, mobile applications, products and services ("Services"). All Services are provided by The Company (“We” or “Us”). By accessing or using our Services you agree to the terms and conditions (the “Terms of Use”), and enter into a legally binding agreement between you and The Company. Please do not access the Site or use our Services if you cannot or do not agree to the Terms of Use.

The information provided on our Site is for general informational or educational purposes. Certain sections of this Site are intended for particular audiences including our employees, customers, health care providers, and the general public.

You may use our Services only as permitted by law, and in accordance with the Terms of Use. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access or view. These terms do not grant you the right to use any branding, logos, or content used on our Site or Services.

In connection with your use of our Site or Services, we may send you announcements, administrative messages, and other information. You may opt out of some of those communications. Our messages or announcements are sent in accordance with the terms of our Privacy Policy.

1. MD.COM Does Not Provide Recommendations or Medical Advice

We are here to help you navigate our Site and find medical related information. We are not a medical referral service and do not provide advice or recommend or endorse any health care provider, medical products, specific tests, procedures, opinions, or other information that may appear on the Site or be found through our Services. If you rely on or use our Services, you do so solely at your own risk.

We do not offer advice regarding the quality or suitability of any particular physician, hospital, or physician group for specific treatments or health conditions. Before selecting a medical provider, You should independently investigate and research their credentials.

OUR SITE PROVIDES INFORMATION AND SHOULD NOT BE CONSTRUED AS HEALTH OR MEDICAL ADVICE. OUR SERVICES ARE NEITHER A SUBSTITUTE FOR, NOR DO THEY REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.

DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED MEDICAL PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE OR VIEWED ONLINE. DO NOT USE OUR SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY CALL 911 AND CONTACT YOUR PHYSICIAN OR A HOSPITAL IMMEDIATELY.

2. Content on MD.COM

We realize that you want to find valuable information on our Site. Therefore, while we will use reasonable efforts to include accurate information on MD.com, the MD.com Doctor Sites, and the MD.com Doctor Profiles, we cannot make any warranty or representation to accuracy, currency or completeness. You agree that by accessing our Site and using the information, you do so at your own risk. The Company disclaims all warranties, express or implied, including warranties of merchantability or fitness for a particular purpose.

Neither The Company nor any party involved in creating, producing or delivering this Site shall be liable for any damages, including without limitation, direct, incidental, consequential, indirect or punitive damages, arising out of access to, use of or inability to use this Site, or any errors or omissions in the content thereof. This limitation includes damages to, or for any viruses that infect your computer equipment.

All content on our Site, including without limitation, text, photographs, graphics and video and audio content, and derivative works of any user generated content or third party content is owned by us and our licensors and is protected by copyright, trademark, patent, and trade secret laws, or other proprietary rights. We give you limited permission to use our content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Site or our Services. You may print, download, and store information from the Site for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of our Site content or information.

3. Content or Information You Post or Submit to the Site

If you choose to claim a doctor account, profile or website or sign up for a patient/consumer account you will have the opportunity to submit, update, supplement, and revise information on the Site or doctor websites or profiles (“Posted Information”). We reserve the right to publish your Posted Information and to also remove your Posted Information for any reason. We are not obligated to remove Posted Information or responsible for any failure or delay in removing Posted Information.

If you proceed by using the Site, you acknowledge that Posted Information, including personally identifiable information, is made voluntarily. You are responsible for the content of Posted Information and agree to defend, indemnify and hold Us harmless from any damages, losses, costs, or expenses, including reasonable attorneys’ fees, which We may incur as a result of the Posted Information.

You are solely responsible for any Posted Information that you submit, publish or display on MD.com. By using the Site and providing Posted Information, You acknowledge that:

  • Any Medical Professional submitting or editing any content, will only provide: true and accurate information; and original works of authorship. Medical Professionals agree not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights, or submit any content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party;

  • Any person submitting Posted Information on behalf of a Medical Professional is authorized by that Medical Professional to submit or edit content specifically related to that Medical Professional and that the Posted Information is true and accurate and does not violate any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights or contains any content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party;

  • Any person submitting Posted Information, including but not limited to a review, rating, or feedback concerning a Medical Professional or Medical Practice, such person acknowledges, agrees, warrants that the Posted Information:

    • is true and accurate and does not violate any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights or contains any content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party;

    • relates only to the care or services that you, our your minor child received;

    • does not violate any law or interfere with the rights of others;

    • does not defame, or invade the privacy of any third party;

    • is not obscene or pornographic, or otherwise threatening, harmful, offensive, abusive, vulgar, false or inaccurate;

  • We may (but are not obligated to) review and delete in our sole discretion any Posted Information that violates our Terms of Use or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the Site and/or other website users;

  • By posting Posted Information on the Site, you agree to and do hereby grant, represent and warrant that you have the right to grant, MD.com, its contractors, employees or agents an irrevocable, perpetual, royalty-free, fully sub licensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Information and to adapt, edit, translate, prepare derivative works of, or incorporate into other works, such Posted Information. This license is non-exclusive, except you agree that MD.com shall have the exclusive right to practice this license to the extent of combining your Posted Information with our database of information and the Posted Information of other MD.com users for purposes of constructing or populating a searchable database of information related to Medical Professionals and the health care industry;

Except as described in our Privacy Policy we will not be required to treat Posted Information as confidential, and you acknowledge and agree that we may use Posted Information in connection with The Company’s business operations, without compensation to You and we will not incur any liability to You resulting from The Company’s use of Posted Information.

4. Access to Services

You may be able to use some Services without registering for an account, however to actively participate, store your information, or schedule appointments, you must register for an account and authorize the use and disclosure of some of your personal and health information for purposes of allowing us to provide the Services and as otherwise disclosed in our Privacy Policy.

Though some of the Services and information on our Site may be provided by medical providers or their staff, the such content does not create a doctor or medical professional/patient relationship, and it does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner.

5. Your Privacy is Important to Us

We know that your privacy is important and we respect the privacy of users of our Site. Please refer to our Privacy Policy that explains your rights and responsibilities with respect to information that is disclosed on our Site.

6. No Doctor Patient Relationship is Created by Using Our Site or Services

WE ONLY PROVIDE CONTENT FOR INFORMATIONAL AND EDUCATIONAL PURPOSES. NO LICENSED DOCTOR OR MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED BY USING INFORMATION PROVIDED BY OR THROUGH THE USE OF OUR SITE OR THROUGH ANY OTHER COMMUNICATIONS FROM US, LINKS TO OTHER SITES OR ANY ASSISTANCE WE MAY PROVIDE TO HELP YOU FIND AN APPROPRIATE MEDICAL PROFESSIONAL OR SPECIALIST IN ANY FIELD.

WE MAKE NO GUARANTEE, REPRESENTATION OR WARRANTY, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, AND QUALITY OF WORK OR OTHER INFORMATION ON THE SITE. FURTHERMORE, WE DO NOT ENDORSE ANY INDIVIDUAL, GROUP, PRODUCT OR HOSPITAL. WE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU BY RELYING ON INFORMATION CONTAINED ON OUR SITE OR FOUND THROUGH LINKS TO OTHER SITES.

7. Data Integrity & Accuracy of Information

Your personal data is only collected and processed to the extent necessary to use our Services. We will store and process your data only in accordance with these Terms of Use and as may be required by law.

We provide information as a service to consumers and medical providers. The timeliness and accuracy of information on our Site is not guaranteed. Neither the authors, the editorial personnel, staff of MD.com, nor any other party who has been involved in the preparation or publication of information or content on our Site can assure that the information is accurate or complete. We are not responsible for any errors or omissions or for the results obtained from the use of such information.

You are encouraged to independently confirm any information found on our Site with other sources and to seek the advice of a qualified physician or medical provider.

All medical provider and medical practice or medical group information found on the Site, including but not limited to the MD.com Doctor Sites and MD.com Profile Pages, are intended for general reference and informational purposes only. Medical provider information found on the Site may be self-reported, by the medical provider(s) and or their office staff, or collected from multiple data sources that may not have been confirmed by the medical provider. This type of information frequently changes and may become out of date or could contain inaccuracies.

The procedures, products, services and devices discussed and/or advertised within our Site are not applicable to all individuals, patients or all clinical situations. We make no claims as to the effectiveness of any such procedures, products, services or devices. Any products or services represented on our Site by advertisers, sponsors, and other Site participants, either paid or unpaid, are presented for your awareness and do not necessarily imply appropriateness for any particular individual or prediction of effectiveness, outcome or success.

8. Authorization and Acknowledgement; Important Information About Provider Relationships and Lists

In connection with using our Site and our Services to locate and schedule appointments with medical professionals, you understand that:

  • YOU ARE ULTIMATELY RESPONSIBLE FOR CHOOSING YOUR OWN MEDICAL PROVIDER.
  • We may pre-populate our Site and Services with information about or for health care providers;
  • We may provide you with lists of medical providers, access to MD.com Doctor Sites, MD.com Profiles and previews of medical providers who may be able to provide the type of health care that you are seeking based on information that you provide to Us (such as type of medical specialty, medical condition, proximity to your geographical location, and/or insurance information). We do not recommend or endorse any medical providers or make any representations or warranties with respect to the quality of the healthcare services they may provide;
  • We may identify health care providers to be featured on our Site or our Services based on pre-existing contractual agreements with the health care providers. Such identification or selection is not an endorsement of any particular medical professional;
  • If you elect to enter information into a medical history form or questionnaires on behalf of yourself or a third party from whom you have authorization to provide such information, on your request you authorize us to provide such information to the specified medical provider. You acknowledge and agree that such information will be reviewed and approved by you or someone authorized on your behalf at the time of your appointment to ensure its accuracy. You also acknowledge that We may use the data or information you provide on any medical history forms or account questionnaires in accordance with our Privacy Policy.

9. Security

We take all commercially reasonably steps consistent with industry practice to protect your data and information by using established security standards and procedures. We seek to use appropriate administrative, technical and physical security measures to reasonably safeguard information and protected health information under our control from unauthorized use, release or access. Moreover, when You register on-line or access Your account information through this Site, We offer You the ability to use a secure server. The secure server encrypts all information that You input before it is sent to Us.

Please be advised, we have worked hard to create a secure and reliable Site for our users, however, the confidentiality and security of any communication or material transmitted to, from or through our Site or e-mail cannot be guaranteed to be secure. As with any online site, when disclosing any personal information or your medical information, You should remain mindful of the fact that it is potentially accessible to the public, and consequently, can be collected and used by others without Your consent. Your use of the Internet and this Site is solely at Your risk. You, alone, are ultimately responsible for maintaining the secrecy for all your personal information, usernames and passwords.

10. Third Party Web Sites and Links

Our Site may contain links or references to other websites maintained by third parties over whom We have no control. Such links are provided merely as a convenience. Similarly, this Web site may be accessed from third party links over which We have no control. We make no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such websites and shall have no liability for any damages or injuries of any kind arising from such content or information. Inclusion of any third party link does not imply an endorsement or recommendation by Us.

11. Password Maintenance and Responsibility

If you wish to access certain areas of our Site or Services you must create a user account and select a user name and choose a password. By signing up for a user account, you represent, warrant and covenant that: (a) you are at least 18 years of age; (b) you are using your actual identity; (c) you have provided only true, accurate, current and complete information about yourself during the registration process; and (d) you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete. You may update your information at any time by signing into your account.

By logging onto this Site using any password or accessing an account or profile, you represent, warrant and covenant that you are authorized to use such password and to engage in the activities that you conduct thereunder. You are solely responsible for the confidentiality and use of your password, as well as for any activities conducted on our Site using your password. If you wish to cancel a password, or if you become aware of any loss, theft or unauthorized use of a password, please notify us immediately. We reserve the right to delete or change any password at any time and for any reason.

12. Your Responsibilities When Using Our Site or Services

You are responsible for all use of our Services and your account. While our Services are provided free of charge, you are solely responsible for any charges for any medical services. You may only use the Services for lawful, non-commercial purposes. You may not use the Services in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of our Services. You may not attempt to gain unauthorized access to any of our Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third party to):

  1. copy, modify, adapt, translate, or reverse engineer any portion of our Services, and/or its content or materials;
  2. remove any copyright, trademark or other proprietary rights notices contained in or on our Site or in or on any content or other material obtained through our Services;
  3. use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of our Services;
  4. access, retrieve or index any portion of our Site or Services for purposes of constructing or populating a searchable database of medical providers or information related to the health care industry;
  5. reformat or frame any portion of the web pages that are part of our Site;
  6. fraudulently misuse our Site or Services by scheduling an appointment with a health care provider which you have no intention of keeping;
  7. create user accounts by automated means or under false or fraudulent pretenses;
  8. collect or store personal information about other Users in connection with the prohibited activities described in this paragraph; or
  9. harass, defame or threaten any party or individual by using our Site.

In addition to our rights in these Terms of Use, we may take any legal action and implement any technical remedies to prevent the violation of this provision and to enforce these Terms of Use.

13. Term and Termination

We reserve the right, at any time and for any reason, without notice to you: (a) to deny you access to our Site or Services; (b) to change, remove or discontinue our Site, or any of our Site or services available on or through this Site; or (c) to terminate your account. Upon termination any licenses granted to you immediately and automatically terminate and you may no longer access, browse or otherwise use this Site or Services.

14. Access to Password Protected/Secure Areas.

Access to and use of password protected and/or secure areas of our Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of our Site may be subject to prosecution.

15. Disclaimer of Warranties

We have no special relationship with or fiduciary duty to you. You acknowledge that we have no control over and no duty to take any action regarding:

which users gain access to our Site or our Services; what content you access via the Site and/or the Services; what effects the content on the Site and/or the Services may have on you; how you may interpret or use the content on the Site and/or the Services; or what actions you may take as a result of having been exposed to the content on the Site and/or the Services. You release us from all liability for you having acquired or not acquired content through the Site and/or the Services.

The Site and/or the Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Site and/or the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site and/or the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Site and/or the Services.

WE PROVIDE THE SITE AND THE SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE SITE OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SITE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE MAKE NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SITE OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES, SOFTWARE OR SITE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.

16. General Limitation of Liability

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES OR THE SITE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF:

(A) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO REGISTER FOR THE SITE OR THE SERVICES OR B) $100.

IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SITE AND/OR THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR MEDICAL MALPRACTICE OR NEGLIGENCE OF PROVIDERS UTILIZED THROUGH USE OF THE SERVICE, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

17. Indemnification

Upon a request by Us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, suppliers, successors, and assigns from all liabilities, claims, demands and expenses, including attorney's fees, made by any third party that arise from or are related to (a) your access to the Site, (b) your use of the Services, or (c) the violation of these Terms of Use, or of any intellectual property or other right of any person or entity, by you or any third party using your Credentials. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.

18. Electronic Contracting and Notices

Your affirmative act of using this Site and/or registering for the Site or the Services constitutes your electronic signature to these Terms of Use, which includes our Privacy Policy, and your consent to enter into agreements with us electronically.

19. Copyright Dispute Policy

We have adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at http://www.copyright.gov/legislation/dmca.pdf)

Policy

Our Policy is to: (a) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (b) remove and discontinue Service to repeat offenders.

Procedure for Reporting Copyright Infringements.

If you believe that material or content residing on or accessible through our Site or Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent ("Proper Bona Fide Infringement Notification"):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
  • Identification of works or materials being infringed;
  • Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence;
  • Contact information about the notifier including address, telephone number and, if available, email address;
  • A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
  • A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

Upon Receipt of a Bona Fide Infringement Notification.

Once a Proper Bona Fide Infringement Notification is received by our Designated Agent, it is Our policy:

  • to remove or disable access to the infringing material;
  • to notify the content provider, member or user that it has removed or disabled access to the material; and
  • that for repeat offenders, We will also terminate such content provider's, member's or user's access to the Service.

Procedure to Supply a Counter-Notice to the Designated Agent.

If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:

  • A physical or electronic signature of the content provider, member or user;
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
  • A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
  • The content provider's, member's or user's name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider's, member's or user's address is located, or if the content provider's, member's or user's address is located outside the United States, for any judicial district in which MD.com is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

Removal

If a counter-notice is received by the Designated Agent, We may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Our sole discretion.

Address for Designated Agent

Please contact Our Designated Agent to Receive Notification of Claimed Infringement at the following address:

MD.com Copyright Agent

Contact Us

Email to: [email protected]

20. Entire Agreement & Changes to the Terms

We may modify these terms or our Services at any time. These changes may be done to reflect changes to the law or changes to our Services. We will provide notice of the changes on this page and any changes addressing new Services or changes made for legal reasons will be effective immediately. If you do not agree to the modified, you should discontinue use of our Site or Services.

These Terms of Use and any supplemental terms, policies, rules and guidelines posted on the Site, including the Privacy Policy constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

21. Choice of Law and Dispute Resolution

These Terms of Use shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the State of New Jersey as applied to contracts made and to be performed entirely within New Jersey, without giving effect to the state’s conflicts of law statute. Any controversy, dispute or claim arising out of or related to these Terms of Use or your use of the Services shall be settled by final and binding arbitration to be conducted by an arbitration tribunal in the State of New Jersey, County of Camden pursuant to the rules of the American Arbitration Association. The arbitration tribunal shall consist of one arbitrator. The decision or award of the arbitrator shall be final, and judgment upon such decision or award may be entered in any competent court or application may be made to any competent court for judicial acceptance of such decision or award and an order of enforcement. The parties agree that the arbitrator shall have the authority to impose equitable and injunctive relief as well as to award monetary relief, as the arbitrator deems appropriate.

22. Assignment

We may assign this contract at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. We will use reasonable efforts to notify you regarding any change of ownership. You may not assign, transfer or sublicense these Terms of Use to anyone else and any attempt to do so in violation of this section shall be null and void.

23. Eligibility

You must be 18 years of age or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register with us or use the Site and the Services. If you are between the ages of 13 and 18 or the applicable legal age in your jurisdiction, you can use the Site or Services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Use. If you are under the age of 13, you may not use the Site or Services, in compliance with the Children's Online Privacy Protection Act.

If you are the parent or legal guardian of a child under the age of 18, you may use the Site or Services on behalf of such minor child. By using the Site or Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child and that all references in these Terms of Use to “you” shall refer to such child or such other individual for whom you have authorization to enter into these Terms of Use on their behalf, and you in your capacity as the parent or legal guardian of such child or as the authorized party of such individual. If you do not qualify under these terms, do not use the Site or Services. Use of our Services is void where prohibited by applicable law, and the right to access the Site is revoked in such jurisdictions.

By using the Site and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein. The Site is administered in the United States ("U.S.") and is intended for U.S. users; any use outside of the U.S. is at the users own risk and users are responsible for compliance with any local laws applicable to their use of the Services or the Site.

24. Pharmacy Discount Card Member Terms & Conditions

Discount services are provided by New Millennium Consultants LLC d/b/a RxCut (hereinafter “RxCut”). All provisions under this Pharmacy Discount Card Agreement constitute the entire agreement between You, the provider of the discount services RxCut, and MD.com. This discount plan is not available where prohibited by law and is not insurance.

Participating pharmacies may be subject to change without notice and are not available in all areas to find participating pharmacies please visit [insert link] Pharmacy prices fluctuate frequently and the any plan’s pricing tools are for informational purposes only. The plan is governed by the terms and conditions provided at activation.

Grievances: You may file a complaint regarding the availability of contracted discounts or services or other matters relating to the program at any time by calling (800-809-0072) also identified on the discount card or in writing to RxCut at 921 Pleasant Valley Ave., Mount Laurel, NJ 08054. Your complaint should be acknowledged within five (5) business days. Rx Cut will investigate and provide you with the results of the investigation no later than thirty (30) business days after it receives the complaint. If you remain dissatisfied after completing this complaint process, you may wish to contact the appropriate regulatory agency in your home state.

Best Efforts: RxCut shall use its best efforts to obtain acceptance from an adequate number of pharmacies that will agree to provide discounts to the members. However, neither MD.com nor RxCut assume any obligation if the pharmacy network is not sufficient to serve members’ needs. Neither MD.com nor RxCut guarantee the quality of the services or products offered by the participating pharmacies. Members will have free access to participating pharmacies without restrictions such as waiting periods or notification periods.

Member Card: The member will be provided with a discount card. Discount cards may be used by all family members and are valid until canceled. To proceed members should present the discount card to the pharmacist at a participating pharmacy. The pharmacist will enter the identification number printed on the card into their system and the RX Cut prescription discount prices are obtained. The actual cost will be the lower of either the contract price or the pharmacy's usual and customary charge that day. There are no enrollment or periodic fees. The participating pharmacy may pay RxCut a fee from amounts the pharmacy collects from the member.

This discount plan is NOT insurance or a Medicare prescription drug plan. The plan is not intended as a substitute for insurance and does not meet creditable coverage requirements under state or federal law. The plan provides discounts at participating pharmacies on certain pharmaceutical supplies, prescription drugs, or medical equipment and supplies. The range of discounts will vary depending on the products received. Members are obligated to pay the pharmacy the entire amount of the discounted rate for such products at the point of sale. The plan does not pay pharmacies for products provided to members. No enrollment or periodic fees apply. The pharmacy may pay the plan a fee from amounts the pharmacy collects from the member. The discount plan organization is New Millennium Consultants LLC, d/b/a RxCut, a New Jersey limited liability corporation, with its principal offices located at 921 Pleasant Valley Ave., Mount Laurel, NJ 08054. Phone: 800-809-0072. Email: [email protected].

Last Updated on June 14, 2017.