Terms and conditions
Action Medicine Consultants, LLC
Terms and Conditions
Last Updated: [1/08/2023]
Please read these Terms and Conditions of Use ("Terms") carefully. These Terms apply to actionmed.co (however accessed and/or used, whether via personal computers, mobile devices, or otherwise) or controlled by Action Medicine Consultants, LLC doing business as Action Medicine Consultants (“Action Medicine Consultants,”, “we,” “us,” or “our”) or other interactive features that are accessible or downloadable through the web sites owned or controlled by Action Medicine Consultants (collectively, the “Web Sites”). The Terms govern the manner in which you may access the Site and use any of our services, products or functions. The terms (“You”) and (“User”) refer to all individuals and entities that access the Site. Your use of the Web Sites is subject to the following conditions, which forms a contract between you and Action Medicine Consultants (the “Agreement”).
If you wish to become a registered user, communicate with other users and make full use of Site, you must read this agreement and indicate your acceptance during the registration process. By accessing the Website you accept, without limitation or qualification, the following Terms. You are only authorized to use these websites and its services if you agree to abide by all these Terms. If you do not accept these Terms, you must discontinue use of the Web Sites.
Modifications to Terms
We may modify these Terms from time to time and such modification will be effective upon posting on the Web Sites. You agree to be bound to any changes to these Terms when you use these Websites after any such modification is posted. It is important that you review these Terms regularly to ensure you are updated as to any changes made. We will do our best to notify you or post announcements on the site if anything important needs to be known.
Content on the Web Sites is for informational purposes only and is not intended to replace the relationship with your physician or other medical provider. The Site should not be used by people who have adverse medical or nutritional conditions. If you suspect you have a medical condition or nutritional condition(s) consult your physician.
You represent that you are using the Site for its intended purposes. If you are registering or using this site on behalf of a company or other organization, you represent that you have the authority to bind your employer by your actions.
When you register an account with the Site you will be prompted to complete the registration form. You agree to provide true, accurate, current and complete information about yourself. If you provide any information that is untrue, inaccurate, offensive the Web Sites have the right to suspend or terminate your account without notice to you and refuse any and all of your current or future use of Web Sites. Your affirmative act of using these Web Sites and/or registering for the Web Sites constitutes your electronic signature to these Terms and your consent to enter into agreements with us electronically. If you are between the ages of 13-17, a parent’s approval will be required before registering an account.
Account Age and Eligibility
You are not permitted to use these Websites if you are under 13 years of age. No one under age 13 may provide any personal information to the Web Sites or Action Medicine Consultants. We do not knowingly collect personal information from children under 13, and if you are under 13, do not use or provide any information on the Web Sites or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use.
When you create an account you certify that you meet this age requirement. If you do not meet this age requirement but still create an account, or if we suspect you do not meet this age requirement, we will consider you in violation of these Terms and terminate your account immediately without prior notice. If you are between the ages of 13-17, your parents will be required to approve your account creation through an email invitation from a Site Administrator.
Passwords and Account Security
You are responsible for maintaining the confidentiality of your login information and password. You shall be responsible for all uses of your login information, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your login information or password. Further you agree to ensure that you exit from your account at the end of each session in which you use it. The Site cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this section or from any unauthorized access to or use of your account as a result of your failure to maintain its security.
When you use the Web Sites, or send emails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
In relationships with any other users on Web Sites, you agree not to transmit “spam” or other unwanted solicitations, or any material that is harassing, threatening, offensive, obscene, abusive, harmful, defamatory, invasive of another’s privacy or infringing on another's intellectual property rights. Users found using email or any other contact information in this manner may have their account suspended or terminated without prior notice. We are not responsible for the content of email messages sent to you from other users.
If you are not satisfied with the Web Sites or its services, you may terminate your Account and request a refund of fees you paid within 30 days after purchase by emailing us at email@example.com. All accounts associated with that payment will also be terminated.
Cancellation/Termination of Account
At any time, you may cancel or terminate your Account. Contact us at firstname.lastname@example.org to request to terminate or cancel your account. The Web Sites at its sole discretion can cancel or terminate your account without prior notice. We may (but are not obligated) to remove any and all information and/or files related to your account and/or deny any access to such information.
Changes to Web Sites
The Web Sites may change or discontinue, temporarily or permanently, any feature or component of the Web Sites at any time without further notice. You agree that Web Sites shall not be liable to you for any modification, suspension or discontinuance of any feature or component of the Web Sites.
The Web Sites are provided “As Is”. Neither Web Sites nor its partners, suppliers or affiliates make any representation or warranties of any kind, expressed or implied, as to the operation of the Web Sites, its content and applications. Furthermore, We Sites do not warrant that use of the Web Sites will be uninterrupted at any time from any particular location, secure or error free, that defects will be corrected, or that the Web Sites are free of viruses or other potentially harmful components.
Third Party Websites
The Web Sites may provide links to other websites or resources. Because we have no control over such websites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites and resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. You further acknowledge and agree that we will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or reliance on any such content, goods or services available on or through any such website or resource.
Reservations of Intellectual Properties
Except for the User generated content, the Web Sites and all aspects thereof, including all content, applications, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software available via the Web Sites and all of its copyright, trademarks, and other intellectual property rights therein, is owned by us or our licensors. You acknowledge that the Web Sites and any underlying technology used in connection with Web Sites contain our intellectual property and proprietary information. You may not reproduce, distribute, modify or create derivative works of, publicly display or commercially exploit any part of the Web Sites, including any application available via the Web Sites, except as necessary to view the content on the Web Sites or use an application (without modification) for your personal, non-commercial use. All rights in the Web Sites not expressly granted by us to you are retained by us and our licensors.
Without limiting any other provisions of these Terms, you may not use this Site for any purpose that is unlawful or prohibited by these Terms and/or any applicable additional terms. Your access to this Site may be terminated immediately, in our sole discretion, with or without notice, if you fail to comply with any provision of these Terms and/or additional terms, or for any other reason, or no reason.
You expressly agree not to:
Use Site or its contents for any commercial purpose.
Access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission.
Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionate burden on our infrastructure.
"frame," "mirror" or otherwise incorporate any part of Site into any other website without our prior written permission.
Content on the Site
The material on these Websites are protected by the United States of America and international copyright, trademark, and other applicable laws. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any material from Web Sites without a license or other written permission obtained in advance, including but not limited to text, audio, video, code and software. During your visit to theWeb Sites, however, you may download material displayed for non-commercial, personal use only (provided that you also retain all copyright and other proprietary notices contained on the materials). We neither warrant nor represent that your use of materials displayed on this Web Sites will not infringe rights of third parties not owned by us or affiliated with Web Sites.
Web Sites provides you and other users with an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to us, or others ("Post" or "Postings''). Postings do not reflect our views; and we have no obligation to monitor, edit, or review any postings , chat, blogs, groups, etc. We assume no responsibility or liability arising from the content neither of any such Postings nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such Postings on these Web Sites. You are strictly prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
Without limiting the foregoing, the following behaviors are strictly prohibited:
* Strong, vulgar, obscene or otherwise harmful language
* Racially, ethnically or otherwise, objectionable language
* Harassing, intimidating, stalking or threatening other community members
* Libelous, defamatory or otherwise tortuous language
* Online vandalism
* Impersonation of another person or persons
* Posting, distributing, transmitting or promoting illegal content
* Invasion of another’s privacy
* Actions that are hurtful or harmful to minors
* Posting, providing, transmitting or otherwise making available any materials or information infringing on the rights of a third party
* Posting, providing, transmitting or otherwise making available any junk mail or spam
* Posting, uploading, emailing or otherwise transmitting any material that contains any malicious computer code, or reverse engineering or hacking any materials on this Site.
We will cooperate with any law enforcement authorities or court order requesting or directing Site to disclose the identity of anyone posting any such information or materials.
License and Access
Subject to your compliance with this Agreement, Action Medicine Consultants or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Web Sites. This license does not include any resale or commercial use of any service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in this Agreement are reserved and retained by Action Medicine Consultants or its licensors, suppliers, publishers, rightsholders, or other content providers. No service, nor any part of any service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Action Medicine Consultants. 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 the Web Sites without express written consent. You may not use any meta tags or any other “hidden text” utilizing Action Medicine Consultants’s name or trademarks without the express written consent of Action Medicine Consultants. You may not misuse the Web Sites. You may use the Web Sites only as permitted by law. The licenses granted by Action Medicine Consultants terminate if you do not comply with this Agreement.
When you use apps created by Action Medicine Consultants, you may grant certain permissions to us for your device. You agree to comply with your mobile device service terms in connection with the installation and use of our apps.
We may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of any of these businesses or individuals or the content of their sites. Action Medicine Consultants does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
User Generated Content
You represent and warrant that (i) you own the content Posted by you on Web Sites or otherwise have the right to grant the license set forth below in the subsequent paragraph, and (ii) the Posting of your content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Other than PHI (Protected Health Information), content which you submit and/or to which you hold copyright (registered or at common law) is subject to a non-exclusive, worldwide, royalty free license for any purpose other than commercial alienation by Web Sites. This may include non-confidential notes or publications, nutrition guides, recipes, reviews or discussions regarding care techniques of providers.
You may submit content which is in the public domain. When you contribute content that is in the public domain, you warrant that such content is actually in public domain, and you agree to label it appropriately and be prepared to furnish information to support your warrant if reasonably requested by another user or by Web Sites.
While Web Sites may, at its own discretion, save or archive certain amounts of content submitted by users, you are always responsible for saving and backing-up copies of any content that you submit or otherwise provide to us. The status, security management or maintenance of user submitted content is never guaranteed by us.
You agree to indemnify and hold us, and our subsidiaries, affiliates, directors, officers, agents, vendors or other partners and employees harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of any material or information posted, provided, transmitted or otherwise made available by you on theWeb Sites or through Web Site’s services, or by your violation of these Terms, or by your violation of the rights of another.
Disclaimers and Limitation of Liability
THE WEB SITES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE, AS APPLICABLE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEB SITES ARE PROVIDED BY Action Medicine Consultants ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Action Medicine Consultants MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEB SITES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Action Medicine Consultants DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Action Medicine Consultants DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEB SITES, Action Medicine Consultants’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM Action Medicine Consultants ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Action Medicine Consultants WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
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.
Any failure, oversight, omission or the like on the part of the Web Sites in the reservation of claiming, assertion of any right which it may claim under these Terms or generally through the operation of its systems; Web Sites and or general business activity, now know or unknown, shall not constitute any waiver of any kind.
This agreement is governed and construed in accordance with the Laws of the United States of America. Any dispute or claim relating in any way to your use of any service, or to any products or services sold or distributed by Action Medicine Consultants or through the Web Sites will be resolved by binding arbitration, rather than in court. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent [insert name and address]. The arbitration will be conducted in Baton Rouge, Louisiana, by the American Arbitration Association (AAA)] under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Additional Action Medicine Consultants Software Terms
Use of the Action Medicine Consultants Software. You may use Action Medicine Consultants’s software solely for purposes of enabling you to use and enjoy the services provided by Action Medicine Consultants, and as permitted by the Terms and Conditions or these Software Terms. You may not incorporate any portion of the Action Medicine Consultants Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Action Medicine Consultants Software or otherwise assign any rights to the Action Medicine Consultants Software in whole or in part. You may not use the Action Medicine Consultants Software for any illegal purpose. We may cease providing any Action Medicine Consultants Software and we may terminate your right to use any Action Medicine Consultants Software at any time. Your rights to use the Action Medicine Consultants Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Terms and Conditions. Additional third party terms contained within or distributed with certain Action Medicine Consultants Software that are specifically identified in related documentation may apply to that Action Medicine Consultants Software (or software incorporated with the Action Medicine Consultants Software) and will govern the use of such software in the event of a conflict with this Agreement. All software used in the Web Sites is the property of Action Medicine Consultants or its software suppliers and protected by United States and international copyright laws.
No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Action Medicine Consultants Software, whether in whole or in part, or create any derivative works from or of the Action Medicine Consultants Software.
Updates. In order to keep the Action Medicine Consultants Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
Export Regulations; Government End Users. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the Action Medicine Consultants. If you are a U.S. Government end user, we are licensing the Action Medicine Consultants Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Action Medicine Consultants Software are the same as the rights we grant to all others under this Agreement
The section titles and other headings in these Terms are for convenience only and have no legal or contractual effect. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable and does not affect the validity and enforceability of any remaining provisions.