Disclaimer

TruthMD MedFax User Agreement and Disclaimers

Welcome to the TruthMD (Medfax) Website and/or TruthMD App (collectively, the "Site") provided by TruthMD, LLC. TruthMD, LLC collects data and other information regarding hospitals, physicians, medical drugs and medical devices (collectively, "TruthMD Information") from a variety of sources. TruthMD, LLC uses proprietary processes and algorithms to select, compile and organize certain publicly accessible data to generate reports concerning hospitals, physicians, medical drugs and medical devices (“TruthMD MedFax Reports” or “Reports”). By using the Site or Mobile App, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you may not use this site.

1. Acceptance of Agreement

For the purposes of this agreement, the terms 'We,' 'Us,' 'Our' and ‘TruthMD’ refer to TruthMD, LLC, its affiliates, successors, partners, affiliates, subsidiaries and assigns. The terms 'You,' ‘Your,’ 'User' and 'End-User' refer to You as a user of this Site. This user agreement and disclaimers ("User Agreement" or “Agreement”) governs your access to and use of this Site and the TruthMD MedFax Reports, and constitutes a binding agreement between you and TruthMD. This Agreement constitutes the entire and only agreement between Us and You, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, including TruthMD MedFax Reports, and the subject matter of this Agreement. This Agreement may be amended at any time from time to time by Us without specific advance notice to You. We will post the latest Agreement on the Site. By accessing the Site, You agree to be bound by the terms of the latest Agreement posted. You should check for amendments to the Agreement prior to using the Site.

PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE ACCESSING, USING OR BROWSING THIS SITE OR ANY TruthMD MedFax ReportS. BY CLICKING ON "I AGREE," OR BY ACCESSING, USING OR BROWSING THIS SITE OR ANY TruthMD MedFax ReportS, YOU ACKNOWLEDGE AND CONFIRM THAT: (A) YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT (INCLUDING ANY POSTED SUBSEQUENT AMENDMENTS TO THE AGREEMENT); AND (B) YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT AND ACKNOWLEDGE THAT THIS USER AGREEMENT IS THE LEGAL EQUIVALENT OF A SIGNED, WRITTEN CONTRACT BETWEEN TruthMD AND YOU.

IF YOU ARE NOT WILLING TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE PRECEDING ACKNOWLEDGEMENT AND CONFIRMATION, DO NOT SELECT THE 'I AGREE' BUTTON ASSOCIATED WITH THIS USER AGREEMENT AND DO NOT ACCESS, USE OR BROWSE OUR SITE. WITHOUT YOUR FULL ASSENT TO BE BOUND, TruthMD DOES NOT AND WILL NOT GRANT YOU ANY RIGHT OR LICENSE TO ACCESS, USE OR BROWSE THIS SITE OR THE TruthMD MedFax ReportS.

2. Information Service Only, No Medical Recommendations or Advice

The data contained in the Site, TruthMD MedFaxReports, are intended as an informational aid only. These data are not intended as medical endorsement or recommendation or as diagnosis, prognosis or advice for any individual health condition(s) or treatment(s). None of the information presented in the Site or Reports is a substitute for: (a) Your full research and evaluation of particular hospitals, doctors or medications We reference; (b) a professional medical examination, diagnosis, prognosis or treatment for any health-related condition; or (c) the need for any other services medical professionals provide. Talk to your licensed doctor, nurse, pharmacist or other authorized health care professional before taking any prescription medication, over-the-counter drugs or health-related supplements (including any herbal medicines or compounds) and before following any health-related treatment or regimen. Only such doctor, nurse, pharmacist or other professional is authorized to provide you with advice on what is safe and effective for you.

The use of the TruthMD products is at your sole risk. These products are provided “AS IS” and “as available” for use, without warranties of any kind, either express or implied. TruthMD makes no representation or warranty as to the accuracy, reliability, timeliness, usefulness or completeness of any of the information contained in the products. Additionally, TruthMD MAKES NO REPRESENTATION OR WARRANTIES AS TO THE OPINIONS OR OTHER SERVICE OR DATA YOU MAY ACCESS, DOWNLOAD OR USE AS A RESULT OF USE OF THE TruthMD PRODUCTS. ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE ARE HEREBY EXCLUDED. TruthMD does not assume any responsibility or risk for your use of the TruthMD products.

TruthMD is not a referral service and does not recommend or endorse any particular hospital, physician, medical drug or medical device. TruthMD is an independent service that collects, analyzes and reports information about hospitals, physician, medical drugs and medical devices. We do not offer advice regarding the quality or suitability of any particular hospital, physician, medical drug or medical device for specific treatments or health conditions, and no information on this Site or reported by TruthMD in any manner should be construed as health or medical advice. You should obtain any additional information necessary to make an informed decision prior to utilizing any specific hospital, physician, medical drug or medical device.

You assume all responsibility in connection with choosing any hospital, physician, medical drug or medical device, whether or not you obtained information about such hospital, physician, medical drug or medical device on or through this Site or any report provided by TruthMD. TruthMD and its directors, officers, agents, and representatives assume no (and hereby disclaims all) responsibility or liability of any kind, for any advice, treatment or other services rendered by any hospital or physician, or for any malpractice claims and other claims that may arise directly or indirectly from any such advice, treatment or other services.

3. Copyright, Trademarks and Confidentiality

All right, title and interest in and to the Site and the site Content, including without limitation text, graphics, TruthMD Information, TruthMD MedFax Reports and any compilations or algorithms created by TruthMD, together with all intellectual property rights embodied therein (collectively, the “Site Materials”) are the property of TruthMD. The Site and Site Materials are protected by law, including but not limited to U.S. and international copyright law, trademark law, trade secret law, as well as other state, federal, and international laws, regulations and treaties. TruthMD does not claim any rights in unaltered government data.

You agree not to engage in any activity that would constitute copyright infringement with respect to the Site Materials. You acknowledge that TruthMD selected, compiled, arranged and adjusted data and information regarding hospitals, physicians, medical drugs and medical devices, and the TruthMD MedFax Reports are original compilations (as defined by the 1976 Copyright Act, 17 U.S.C. § 101) containing material wholly and exclusively original to TruthMD. You may not reproduce, create derivative works of, distribute, publicly perform or publicly display the Site Materials or any portion thereof without TruthMD’s prior written consent. By way of illustration but not limitation, except as expressly permitted in this User Agreement or otherwise permitted by us in writing, you may not, directly or indirectly, transmit, download, upload, post, sell, rent, license, transfer, disclose, mirror, frame, reverse engineer, decompile, disassemble, or use any aspect of this Site or any Site Materials, in whole or in part, in any form or by any means. Also by way of illustration but not limitation, except as expressly permitted in this User Agreement or otherwise permitted by us in writing, you may not, directly or indirectly, use any of the Site Materials for any purposes other than your personal, non-commercial examination. Additionally, you may not use any metatags or any other "hidden text" utilizing the name "TruthMD" without our prior written permission.

Further, you agree not to engage in any activity that would constitute unfair competition or trademark infringement in connection with the Site Materials, including without limitation the TruthMD MedFax Reports. You acknowledge that TruthMD and MedFax are service marks and trademarks of TruthMD. You acknowledge that TruthMD actively and extensively uses and promotes the TruthMD Marks and that there is substantial goodwill associated with the TruthMD Marks. You agree not to cite (orally, in writing or otherwise), reproduce or re-publish the TruthMD Marks in any manner likely to deceive or cause confusion in the marketplace. You understand and agree that, due to the nature of TruthMD’s products and services, any unauthorized citation, reproduction or re-publication of any of the TruthMD Marks is likely to be deceptive and cause confusion in the marketplace, suggest non-existent sponsorship or endorsement by TruthMD, misappropriate TruthMD’s reputation, goodwill business opportunities and revenues, or otherwise misappropriate the cachet of TruthMD’s products and/or services; thus, you agree not to cite (orally, in writing or otherwise), reproduce or re-publish the TruthMD Marks without the prior written permission of TruthMD and you hereby waive any right to assert any "nominative fair use" or "nominative use" defense in any trademark infringement action brought against you in the event that you do cite, reproduce or re-publish the TruthMDs Marks without the prior written permission of TruthMD. You further acknowledge that other names and logos contained in this Site or in the Site Materials are trademarks and service marks of third parties and may not be used without the permission of the trademark or service mark owner.

The TruthMD MedFax Reports constitute confidential and valuable proprietary compilations owned by TruthMD. You will protect the confidentiality of (and not disclose to any person) the TruthMD MedFax Reports for three (3) years from the date you accessed such information, by using at least the same degree of care as you use to protect your own confidential information, but no less than a reasonable degree of care. Your disclosure of information contained in the TruthMD MedFax Reports pursuant to a judicial or administrative order will not be deemed to be a breach of this User Agreement, provided that you provide timely written notice of such order to TruthMD and reasonably cooperate with TruthMD’s efforts to contest or limit the scope of such order. Any breach of the foregoing confidentiality obligation will cause TruthMD irreparable harm for which there is no adequate legal remedy. In the event of any actual or threatened breach of this Agreement, TruthMD will be entitled to obtain injunctive and all other appropriate relief from a court of competent authority, without being required to: (a) show any actual damage or irreparable harm; (b) prove the inadequacy of its legal remedies; or (c) post any bond or other security.
Please be aware that we actively and aggressively enforce our intellectual property rights to the fullest extent of the law.

4. Use of TruthMD

You are granted a limited nonexclusive license to view, print or download content, graphics, forms or documents from the Site, including TruthMD MedFax Reports that are generated by TruthMD for You, for personal use solely by You.

No information or page from the Site or any TruthMD MedFax Report may be copied, reproduced, republished, uploaded, posted, transmitted, framed, commercialized, distributed in any way, or incorporated into any other website or electronic or mechanical information retrieval system, except that You may download one copy of the viewed materials on any single computer for Your personal, non-commercial home use only (but not for resale or redistribution), provided You keep intact all copyright and other proprietary notices.

Without limiting anything else contained in this User Agreement, You agree and acknowledge that:

  • The Content, Reports, databases used to store the Content, Reports and information (“Databases”) and any other information contained therein are valuable intellectual property owned by or licensed to TruthMD, and that no proprietary rights therein are being transferred to You by this User Agreement.
  • You will not, directly or indirectly:
    • Use any of the Content, Reports, Databases and any other information contained therein for any purposes other than Your personal, non-commercial evaluation of physicians, hospitals, medical drugs or medical devices.
    • Use the Content, Reports, Databases, and any other information contained therein to compile mailing lists or other lists of physicians, hospitals or other healthcare providers for commercial purposes,
    • Use the Content, Reports, Databases, and any other information contained therein to establish independent data files or otherwise amass statistical information thereof or therefrom,
    • Use the Content, Reports, Databases, and any other information contained therein in violation of any applicable laws or regulations,
    • Publish or distribute in any medium Content, Reports, Databases, or any other information contained therein, and/or summaries or subsets thereof to any person or entity,
    • Attempt to access or access any other User’s account,
    • Attempt to obtain or ascertain or obtain or ascertain any other User’s user name, password and/or personal information by any means whatsoever,
    • Attempt to elude or elude TruthMD’s security systems,
    • Attempt to gain access or gain access to TruthMD in a fraudulent manner,
    • Use TruthMD for any purposes other than those intended by TruthMD, as determined by TruthMD in its sole discretion, or
    • Upload or submit any data or information containing viruses or any computer code, corrupt files or programs engineered or intended to disrupt or destroy the functionality of any software, hardware, telecommunications, networks, servers, or other equipment.
  • You specifically acknowledge and agree that any and all misappropriation or misuse of the Content, Reports, Databases, and any other information contained therein will cause irreparable harm to TruthMD and that in such event money damages will not constitute sufficient compensation to TruthMD; consequently, in the event that You, directly or indirectly, misappropriate or misuse any of the Content, Reports, Databases, and/or any other information contained therein, You specifically consent to TruthMD obtaining injunctive relief against You in addition to any other legal or financial remedies to which TruthMD may be entitled.
  • Modification of the materials or use of the materials for any other purpose is a violation of the content provider’s copyright and other proprietary rights. The use of any such material on any other website or networked computer environment is prohibited. All rights, title and interest in and to the materials on this site (including but not limited to all copyrights, trademarks, service marks, trade names and all derivative works) are owned or controlled by and shall remain at all time vested in TruthMD.

5. Editing, Deleting and Modification

We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site at any time without notice.

6. Password Maintenance and Responsibility

If you wish to access certain areas of this Site or the Site Materials available on or through certain areas of this Site, you must choose a password during your completion of this Site's registration process. By registering, 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 logging into the Site and clicking on "Account Log In."

By logging onto this Site using any password, 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 or through this 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.

7. Term and Termination

This User Agreement will take effect at the time you click "I Agree" or access, use or browse this Site or any Site Materials. We reserve the right, at any time and for any reason, without notice to you: (a) to deny you access to this Site, the Site Materials or any portion thereof; (b) to change, remove or discontinue the Site or any portion thereof, or any of the Site Materials or services available on or through this Site; or (c) to terminate this User Agreement. Upon termination of this User Agreement, all licenses granted to you under this User Agreement immediately and automatically terminate and you may no longer access, browse or otherwise use this Site, the Site Materials or any portion thereof.

8. Nontransferable

Your right to use the Site is not transferable. Any password or right given to You to obtain information or documents is not transferable.

9. Minor

If You have agreed to allow Your minor child, or a child for whom You are legal guardian (a "Minor"), to use this Site, You agree that You shall be solely responsible for: (a) the online conduct of such Minor; (b) monitoring such Minor’s access to and use of the Site; and (c) the consequences of any use of the Site by such Minor.

10. Our Privacy Policy

We consider the protection of our users' personal data to be important. Therefore, we have adopted a Privacy Policy outlining our personal data collection and use practices. Please refer to it for details about how we collect and use personal information from users of this Site. By agreeing to the terms of this User Agreement, you are automatically agreeing to our Privacy Policy, which is incorporated herein.

11. Payments

You represent and warrant that if You are purchasing something from us that: (i) any credit information You supply is true and complete; (ii) charges incurred by You will be honored by Your credit card company; and (iii) You will pay the charges incurred by You at the posted prices, including any applicable taxes.

12. Links to Other Sites

This Site may contain links to other sites on the World Wide Web for the convenience of our users. These other sites have not been reviewed by us and are maintained by third parties over which we exercise no control. Accordingly, we expressly disclaim any responsibility for the content, policies and practices of these other sites and for the availability, accuracy, reliability, completeness, currency, quality, performance or suitability of the information, products and services available or advertised on or through these other sites. Moreover, these links do not imply, directly or indirectly, our endorsement of or affiliation with any other site or site owner, or any information, products or services provided by any third party. When leaving this Site, you should be aware that our terms and policies may no longer govern, and, therefore, you should review the applicable terms and policies of each linked site.

13. Internet Confidentiality

Use of the Internet is solely at your own risk and is subject to all applicable local, state, federal, and international laws and regulations. While we have endeavored to create a secure and reliable site, please be advised that the confidentiality of any communication or material transmitted to us over the Internet cannot be guaranteed. Consequently, neither we nor our Affiliates are responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on this Site, or for the consequences of any reliance on such information. You must make your own determination as to these matters.

14. Electronic Communications with TruthMD

Should you elect to send or receive e-mail communications of any kind to or from TruthMD, you represent and warrant to TruthMD that your e-mail service has appropriate and adequate security systems necessary to prevent unauthorized access to outbound or inbound e-mail transmissions. You further agree that the content (including any Site Materials) in any e-mail or other electronic communication you receive from TruthMD is subject to the provisions of this User Agreement.

15. Site Monitoring

We reserve the right to view, monitor and record activity on this Site without notice to or permission from you. We may disclose any records, electronic communications, information, materials or other content of any kind: (a) if we believe in good faith that applicable law, regulation or legal process requires it; (b) if such disclosure is necessary or appropriate to operate this Site; or (c) to protect our rights or property or the rights or property of our users and business partners. However, we are not responsible for screening, policing, editing or monitoring this Site.

We are committed to complying with all applicable U.S. and foreign laws and regulations, including without limitation copyright and related laws, and expect all Users of this Site to comply with all applicable laws and regulations as well. Using this Site to transmit any Proscribed Materials is expressly prohibited under the User Agreement.

If it comes to our attention, we discover or we are notified of an allegation that this Site or a Submission contains any Proscribed Materials, then we may, but have no obligation to, investigate the allegation and determine in our sole discretion whether to remove or request the removal of the same from this Site. Notices to us regarding any alleged violation of this User Agreement or copyright infringement on this Site should be directed to TruthMD at the following e-mail address: info@TruthMD.com.

16. Disclaimers

Information on this Site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. While every effort is made to keep TruthMD information current, updates are performed on a routine schedule and not all information is updated every day. TruthMD may also make improvements and/or changes in the products and/or services described in this information at any time without notice

  • Medical Disclaimers
    This site is designed to offer you general health information for general educational purposes only. You must always seek the advice of a professional for questions related to a disease, disease symptoms, and appropriate therapeutic treatments. If you have or suspect that you have a medical problem or condition, please contact a qualified healthcare provider immediately. You should never disregard medical advice or delay in seeking it because of something You have read on this site. 

    We do not make any warranty that the content on this site satisfies government regulations requiring disclosure of information on prescription drug products. The content was developed for use in the United States and we do not make any representation concerning the content when used in any other country. We do not give medical advice, nor do we provide medical or diagnostic services. We do not guarantee that the content on this website covers all possible uses, directions, precautions, drug interactions, or adverse effects that may be associated with any therapeutic treatment. 

    You may not rely on the application of any information on this website or in a TruthMD MedFax Report as being applicable to Your specific circumstances.
     
    Your reliance upon information and content obtained by You at or through this site is solely at Your own risk. Neither TruthMD, nor any of the content data sources assume any liability or responsibility for damage or injury (including death) to You, other persons, or property arising from any use of any information, idea, or instruction contained in the content or services provided to You. 
  • Physician Licensing

You may not rely on information provided in a TruthMD MedFax Report to verify the credential of physicians. Physician credentials must be verified by the individual Medical Board of the state in which the physician is engaged in the practice of medicine. TruthMD makes no representations or warranties with respect to, nor do we guarantee, endorse or verify the credentials of any physician found in the TruthMD MedFax Reporting system.

  • Physician Payment Information Disclaimer

Information concerning payments to physicians is not and cannot be considered to be a complete, full and accurate representation of all payments made to physicians by third party manufacturers of drugs and devices. Many manufacturers have not yet reported or made public their payments to doctors. While every effort has been made to collect, verify and accurately report the information concerning physician payments, TruthMD cannot and does not warrant, represent or endorse or verify the accuracy of each payment disclosed in a TruthMD MedFax Report.

  • Liability Disclaimers
    TruthMD has utilized reasonable care in collecting and reporting the information on this website and have obtained such information from sources believed to be reliable. However, TruthMD does not warrant the accuracy of the information on the website. The clinical information contained in the Site Materials is intended as a supplement to, and not a substitute for, the knowledge, expertise, skill, and judgment of physicians, pharmacists, nurses, or other healthcare professionals involved in patient care. The absence of a warning for a given drug or drug combination should not be construed to indicate that the drug or drug combination is safe, appropriate, or effective in any given patient or under Your particular circumstances.

THIS SITE AND THE SITE MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND ARE INTENDED FOR INFORMATIONAL PURPOSES ONLY. WHILE WE ENDEAVOR TO PROVIDE THE MOST ACCURATE, UP TO DATE INFORMATION AVAILABLE, THE SITE MATERIALS MAY CONTAIN TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS, AND MAY BE CHANGED OR UPDATED WITHOUT NOTICE.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (A) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF THIS SITE, THE SITE MATERIALS, OR ANY PRODUCTS, SERVICES OR RESULTS OBTAINED ON OR THROUGH THIS SITE; AND (B) ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT THIS SITE OR ANY SITE MATERIALS WILL ASSIST YOU IN IDENTIFYING A SUITABLE HEALTHCARE PROVIDER OR FOR ANY OTHER PURPOSE. WE DO NOT REPRESENT OR WARRANT THAT THIS SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND THE SITE MATERIALS IS ENTIRELY AT YOUR OWN RISK.

17. Limitations of Liability

YOU EXPRESSLY AGREE THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM YOUR USE OF, OR RELIANCE UPON, THIS SITE, ANY SITE MATERIALS, OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THIS SITE. IN THE EVENT OF ANY PROBLEM WITH THIS SITE, ANY SITE MATERIALS, OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THIS SITE, YOUR SOLE REMEDY IS TO CEASE USING SUCH ITEM(S).

UNDER NO CIRCUMSTANCES WILL WE OR ANY OF OUR DIRECTORS, OFFICERS, SHAREHOLDERS, PROPRIETORS, PARTNERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SERVANTS, ATTORNEYS, PREDECESSORS, SUCCESSORS OR ASSIGNS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE) ARISING OUT OF USE OF THIS SITE, ANY SITE MATERIALS, ARRANGEMENTS MADE BASED ON INFORMATION OBTAINED ON OR THROUGH THIS SITE, OR PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THIS SITE, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, this limitation may not apply to you.

18. Indemnity

You will defend, indemnify, and hold harmless TruthMD, and our directors, officers, shareholders, proprietors, partners, employees, agents, representatives, servants, attorneys, predecessors, successors and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from (a) your use of this Site, any Site Materials, or any products or services obtained on or through this Site, (b) any arrangements you make based on information obtained on or through this Site or (c) any breach by you of this User Agreement.

19. Governing Law and Selection of Venue

Regardless of the jurisdiction in which you work or reside, this User Agreement is made in the State of California, and will be construed and enforced in accordance with California law (without regard to its provisions governing conflicts of law), as applied to agreements entered into and completely performed in California.

ANY ACTION ARISING OUT OF THE CONTENT OF THIS SITE, YOUR USE OF THE SITE MATERIALS OR YOUR UNAUTHORIZED CITATION, REPRODUCTION OR RE-PUBLICATION OF ANY TruthMD MATERIALS OR TruthMD MARKS, OR ANY ACTION TO ENFORCE THIS USER AGREEMENT WILL BE BROUGHT ONLY IN THE FEDERAL OR STATE COURTS PRESIDING IN LOS ANGELES, COLORADO, U.S.A., AND YOU EXPRESSLY AGREE TO BE SUBJECT TO THE JURISDICTION OF SUCH COURTS. USE OF THIS SITE IS LIMITED SOLELY TO PERSONS WHO AGREE TO RESOLVE ANY AND ALL DISPUTES PERTAINING TO THIS SITE IN THE FEDERAL AND STATE COURTS OF CALIFORNIA, AND SUCH AN AGREEMENT IS AN EXPRESS CONDITION TO USE OF THIS SITE.

This Site is controlled and operated by TruthMD from its offices within the United States. We make no representation that this Site or the Site Materials are appropriate or available for use outside of the United States, and access to this Site or the Site Materials from territories where their contents are illegal is prohibited. Those who choose to access this Site or the Site Materials from locations outside of the United States do so of their own volition and are responsible for compliance with applicable local laws.

20. Notices; Contacting TruthMD

All notices to you will be sent to the e-mail address that you provide to us when you register. Such notice will be deemed given one business day after the e-mail is sent.

If you have any questions about this User Agreement, the Site or the Site Materials, or if you need to notify us, then contact us at info@TruthMD.com or at the following address:

Truth MD, LLC
3600 N. Verdugo Road, Suite 305
Glendale, CA 91208

21. Physician Data Correction

If you are a United States physician and you feel that there is something inaccurate concerning your TruthMD Doctor Report, please let us know right away. You can send the correct information, along with any supporting documentation to us at info@TruthMD.com

Please understand that the TruthMD databases are updated on a routine maintenance schedule. If your status or other information has changed recently, it may not yet be reflected in the TruthMD system.

NOT MEDICAL ADVICE, DIAGNOSIS OR TREATMENT WARNING

 

* Additional Information

All materials provided on the TruthMD Website or App or in a TruthMD MedFax Report, including text, graphics, images, and other material (“the Content”), are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the TruthMD Website, App or in a TruthMD MedFax Report.

If you think you may have a medical emergency, call your doctor or 911 immediately. TruthMD does not recommend or endorse any specific medicines, physicians, products, procedures, hospitals, opinions, or other information that may be mentioned in the Content. Reliance on any information provided by TruthMD, TruthMD employees, others appearing in the Content at the invitation of TruthMD, or other visitors to the Site is solely at your own risk.

The Content may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use TruthMD. The TruthMD Website, TruthMD App and the Content are provided on an "as is" basis.