PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS SITE.
IF THIS IS AN EMERGENCY, PLEASE LEAVE THIS SITE AND CALL 911.
YOUR USE OF THIS SITE DOES NOT CONSTITUTE THE PROVISION OF MEDICAL SERVICES
1. YOUR ACCEPTANCE
This site is intended for users living or residing in the United States of America.
THIS TERMS OF SERVICE INCLUDES A BINDING ARBITRATION PROVISION THAT AFFECTS YOUR LEGAL RIGHTS WITH RESPECT TO ANY DISPUTE WITH US (DISCUSSED IN SECTION 14 BELOW).
In order to use the Services provided by us or submit Personal Information to this Site, you must, where applicable, also separately indicate your agreement and consent to our collection, use and processing of your Personal Information.
By clicking “Accept”, you represent and warrant that you are over the age of 18 and meet the foregoing requirements. If you do not meet these requirements, you must not access or use the Site. By clicking “accept and continue” you also certify that you are not resident in, or providing information from any country governed by the general data protection regulation (“GDPR”)
Changes to Terms of Service: We may revise these Terms of Service from time to time in our sole discretion without advance notice. In the event these Terms of Service are modified, we will post all amendments on the Site and indicate the date of modification. All such amendments are effective immediately upon posting, and apply to access to and use of the Site thereafter. By clicking “Accept,” you acknowledge and agree (a) that it is your responsibility to read the most current version of our Terms of Service before using the Site to ensure that you agree to any changes made; (b) the standard for notice of changes to these Terms of Service are reasonable; and (c) to be bound by any modifications to these Terms of Service prior to your continued use of the Site.
3. WEBSITE CONTENT AND USE
General. The Site does not provide medical advice, diagnosis, or treatment. For medical concerns, including decisions about medications and other treatments, consumers should always consult their physician or, in serious cases, seek immediate assistance from emergency personnel. Practitioner and the Website specifically disclaim any warranties, express or implied, including implied warranties of merchantability or fitness for a particular purpose.
The use of the Service is at your own risk and the Service and the content are provided on as “AS IS” basis. Neither your practitioner nor the Website shall be responsible for the accuracy or integrity of that information. Irrespective whether the information is provided by the Site or through the Site, we are not liable for any damages resulting from your use of the information made available through the Service.
You agree to hold harmless and indemnify your practitioner (“Practitioner”), the Site, its officers, directors, agents, affiliates, heirs and assigns from any and all liability, at law or in equity, in tort or negligence, and including compensatory, special, punitive or exemplary damages in connection with your use of the [Site.
Site Content. Unless otherwise noted, the Site, all of the information, content, user submitted content, services and software displayed on, transmitted through, or used in connection with the Site, including, but not limited to, text, images, articles, opinions, reviews, images, illustrations, photographs, videos, audio clips, advertising, scripts, software, data compilations, and related materials, as well as their arrangement and the Site’s “look and feel” (collectively, “Content”) are protected under applicable copyright, trademark and other proprietary and intellectual property laws, and belong to [Practitioner], its licensors, suppliers, rightsholders, or other content providers. The compilation of all content included or made available through your access to or use of the Site is protected by United States and international copyright laws. The copying, rearrangement, redistribution, modification, use or publication by you in any medium, directly or indirectly, except as set forth in these Terms and Conditions is strictly prohibited.
The Site, logo, and any service marks or trademarks are the property of the respective owners and may not be used in any manner.
License. Subject to your compliance with these Terms of Service, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services provided by the Site for your use as provided herein. We may terminate this license at any timee and for any reason.
Restrictions. You may use the service provided by the Site online (“Services”), subject to the following restrictions: You may not (a) remove any trademark, copyright or other proprietary notice contained on the Site in such Content; (b) modify, use, reproduce, distribute, create derivative works of, republish, download, store, or transmit any of the Content, including but not limited to any product listings, descriptions, prices and/or images, or any information derived from the Content, for any commercial purpose, sale or rental, whether for your own benefit or the benefit of a third party; (c) decompile, reverse engineer, disassemble, tamper with or bypass any software available through or security associated with the Site; (d) transfer the Content to another person any commercial purpose, sale or rental. If you do not agree to these Terms of Service, do not access the Site or use the Platform.
All rights not expressly granted to you in these Terms of Service are reserved and retained by Practitioner, our licensors, suppliers, rightsholders, or other content providers. Any use of the Site or Content other than as expressly permitted by these Terms of Service is a breach of these Terms of Service.
If you wish to use the Site other than as set out in this section, please address your request to: firstname.lastname@example.org.
Site Access. We reserve the right, in our sole discretion to remove or change the Site and/or the Content, goods or services available on it, at any time and without notice. We will not be liable for any such changes, nor if all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site or use of the Platform, or the entire Site, to users.
Intellectual Property Complaints. We respect the intellectual property of others, and reserves the right to terminate your access to the Site if, in connection with your use of the Site, you act in a manner that violates intellectual property rights associated with this Site.
If you choose, or are provided with, a user name, password, or any other identifying information as part of our security procedures, you must treat such information as confidential and not disclose anyone. You also acknowledge that your registered account is personal to you and agree not to provide any other person with access to the Site through the use of your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password, or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. Please use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other credentials or Personal Information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
4. PROHIBITED USES.
You agree not to use the Site:
For any unlawful purpose of in violation or any applicable law;
- To send or transmit any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter”, “mass mailings” or any form of “spam” or unsolicited commercial electronic messages, and any other commercial, political or religious solicitation or campaigning;
- To impersonate the Site or any Practitioner representative, or any other person or entity;
- In a way that could disable, overburden, damage, or impair the Site, interfere with the ability of others to use the Site, or that may, as determined by us, harm the Site or the Site’s users; and that would violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights.
In addition, you agree not to:
- Create a false identity on the Site, misrepresent your identity, or use or attempt to use another’s account;
- Imply or state that you are affiliated with or endorsed by the Site, without our express, written consent;
- Use any automatic device, software, process, routine or means (i) to access the Site for any purpose, including monitoring or copying any content from the Site or for any unauthorized purpose; and/or or (ii) that interferes with the proper working of the Site;
- Introduce any viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful code or binary large object;
- Attempt to gain unauthorized access to, interfere with, violate the security of, damage, or disrupt any part of the Site, any system resources, account passwords, the server on which the Site is stored, or any server, computer, database or other website connected to or accessible through the Site;
- Attack the Site or otherwise attempt to interfere with its functionality; and
- Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Site or the Content on it, without Practitioner’s advance consent.
5. WEBSITE SECURITY RULES.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing”, or (d) forging any TCP/IP packet header or any part of the header information in any e-mail, forum, or newsgroup posting. Violations of system or network security may result in civil or criminal liability.
6. THIRD PARTY CONTENT.
The Site may publish or distribute Content supplied by third-party providers such as designers, contributors, users, reporting services, third-party licensors and software companies (collectively “Third Party Providers”). Responsibility for the accuracy and completeness of such Content lies solely with those Third Party Providers and is not guaranteed by Practitioner. Any opinions, advice, answers, statements, services, offers, or other information or Content supplied by Third Party Providers are solely those of the Third Party Provider supplying such Content. Third Party Content does not necessarily reflect our opinion.
Practitioner is the publisher of information supplied by Third Party Providers, and is therefore not liable for any delays, inaccuracies, errors or omissions in such Content. Given the volume of information posted by Third Party Providers, We cannot and does not monitor all of the information posted to the Site and assumes no duty to monitor the Site for inappropriate or inaccurate Content. The Site, we, our members, affiliates, employees and/or representatives shall not be liable to any user or anyone else for claims of defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, fraud or misrepresentation arising from such Content. Notwithstanding the foregoing, we reserve the right to remove information provided by other Third Party Providers at any time in our sole discretion.
7. COOPERATION WITH GOVERNMENT AUTHORITIES.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity and other information of anyone who posts Content on or through the Site.
YOU WAIVE AND HOLD HARMLESS TRUBLU, PRACTITIONER AND US, AND ANY OF THEIR RESPECTIVE MEMBERS, AFFILIATES, LICENSEES, AND SERVICE PROVIDERS, AND OUR RESPECTIVE EMPLOYEES, OWNERS AND AGENTS, FROM ANY CLAIMS RESULTING FROM ANY ACTION BY TRUBLU, PRACTITIONER OR ANY OF THE FOREGOING PARTIES DURING, OR AS A CONSEQUENCE OF, INVESTIGATIONS BY TRUBLU, THE PRACTIONER, OR LAW ENFORCEMENT AUTHORITIES.
8. RELIANCE ON INFORMATION POSTED.
The information presented on or through the Site is made available solely for general information purposes. In describing a product or service, and/or presenting information, we attempt to be as accurate as possible. However, we do not warrant the usefulness or accuracy of such information, or that it is complete, reliable, current, or error-free. Any reliance you place on such information is strictly at your own risk.
9. LINKS TO OTHER WEBSITES.
The Site may include links other websites that are not owned or operated by us or under our control (each a “Third Party Website”). These links are for your convenience and for informational purposes. We do not endorse, recommend, approve, guarantee, warrant or recommend any Third Party Website, or any information, materials, products, or services contained on or available through such Third Party Website unless we expressly state otherwise.
Although we endeavor to select only reputable Third Party Websites and sources of information, we are not responsible for the content, accuracy, trustworthiness, privacy or security of any Third-Party Website, or for any software available on Third Party Websites. We are also not responsible for examining or evaluating the content of, or the products or services offered by or through, Third Party Websites.
Links to a Third Party Website are offered on an “as is” basis. You use or follow these links at your own risk. We are not responsible for any damages or losses incurred arising from or related to your use of a link, or as a consequence of downloading any software available through a Third Party Website.
10. REVIEWS, COMMENTS AND OTHER CONTENT
We may, in the future, and in our sole discretion permit you to post reviews, comments, photos; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right (but not the obligation) to remove or edit such content.
If you do post content or submit material, and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us and our sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from content you supply. We have the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or any third party.
11. INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE.
AGGREGATED DATA. “Aggregated Data” refers to the information submitted or provided by you in connection with your use of the Services. Aggregated Data is de-identified (stripped of any information used to identify you, including personal data). You grant to Practitioner and the Site a worldwide, perpetual, exclusive, irrevocable, royalty-free, and fully paid-up license to use and exploit any suggestion, enhancement request, recommendation, correction or other feedback (“Feedback”) provided by you relating to the Services. Feedback will not include Confidential Information. Practitioner owns all rights, title and interest in and to Aggregated Data, and may use, reproduce, sell, publicize or otherwise exploit Aggregated Data in any way, in its sole discretion, provided such data is appropriately anonymized.
12. DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY.
You understand that we and Practitioner cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
EXCEPT AS OTHERWISE OFFERED BY US THROUGH YOUR PURCHASE OF PRODUCTS OR RELATED SERVICES THROUGH YOUR USE OF THIS WEBSITE, AND TO THE FULL EXTENT PERMISSIBLE, TRUBLU AND PRACTITIONER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE WITH RESPECT TO THE WEBSITE, INTERACTIVE SERVICES, HYPERLINKS, AND/OR THE SERVICES, PRODUCTS (INCLUDING SOFTWARE) MADE AVAILABLE THROUGH THE WEBSITE OR OTHERWISE BY [PRACTITIONER].COM.
TRUBLU AND PRACTITIONER DO NOT WARRANT AND MAKE NO REPRESENTATION AS TO THE SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE, INTERACTIVE SERVICES, AND HYPERLINKS, OR THE SERVICES, AND OTHER WEBSITES MADE AVAILABLE TO YOU THROUGH THE WEBSITE. WITHOUT LIMITING THE FOREGOING, TRUBLU AND PRACTITONER DO NOT WARRANT THAT THE WEBSITE, WEBSITE SERVERS, ELECTRONIC COMMUNICATIONS SENT FORM OR THROUGH THE WEBSITE, OR SOFTWARE MADE AVAILABLE THROUGH THE WEBSITE WILL BE ERROR-FREE, UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THEY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMISSIBLE BY TRUBLUE, PRACTITIONER AND THEIR RESPECTIVE EMPLOYEES, MEMBERS, AGENTS, OFFICERS, OWNERS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE WEBSITE, INTERACTIVE SERVICES, LINKS, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER LINKED WEBSITES, OR FROM ANY SERVICES OR PRODUCTS (INCLUDING SOFTWARE) INCLUDED OR REFERRED TO ON THE WEBSITE OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, OR SUCH OTHER LINKED WEBSITES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY OTHER LOSSES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, EMOTIONAL DISTRESS, LOST PROFITS, LOSS OF BUSINESS OR GOODWILL AND DATA LOSS, EVEN IF FORESEEABLE.
WITHOUT LIMITING THE FOREGOING, BUT IN THE INTEREST OF CLARITY, TRUBLUE AND PRACTITIONER WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A COMPUTER VIRUS OR OTHER TECHNOLOGICALLY HARMFUL MATERIALS THAT MAY INFECT YOUR COMPUTER SYSTEM, SOFTWARE PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
You agree to defend, indemnify, and hold harmless TruBlu, Practitioner, their respective affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to (1) your violation of these Terms of Service or (2) your unauthorized or unlawful use of the Site.
You and we hereby agree to resolves disputes between us that arise out of your access to the Site of or use of the Platform as follows:
YOU, WE, AND THE PRACTITIONER HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement.
YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US OR PRACTITIONER INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. YOU ALSO AGREE NOT TO PARTICIPATE IN CLAIMS BROUGHT IN A PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE CAPACITY, OR CONSOLIDATED CLAIMS, IF WE ARE A PARTY TO THE PROCEEDING.
This section will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Service.
15. ENTIRE AGREEMENT.
Your right to access and use the Site immediately terminates without further notice upon your breach of this Agreement. We may terminate this Agreement and/or your right to use the Site at any time, with or without cause. Sections 4 (Prohibited Uses), 5 (Website Security Rules), 6 (Third Party Content)), 8 (Reliance on Information Posted), 11 (Information About You and Your Visits), 12 (Disclaimers of Warranties and Limitation on Liability), 13 (Indemnification), 14 (Disputes), 18 (Waiver of Breach), and 19 (Invalidity) of this Agreement survive the expiration or termination of this Agreement for any reason whatsoever. We reserve the right to discontinue the Site at any time.
17. WAIVER OF BREACH.
Any failure to enforce any term or provision of this Agreement shall not be deemed a waiver of that or any other breach of that or any other term or provision of this Agreement. In addition, any failure to enforce any term or provision of this Agreement shall not constitute a waiver of a future breach of that or any other term or provision of this Agreement.
We may deliver notice to you under this Agreement by means of electronic mail, a general notice on our website at www.trubludirect.com, or by written communication delivered by first class U. S. mail to your address on record with us, if any. Other than for purposes of Section 1.7 (Intellectual Property Complaints), you may give notice to us at any time via electronic mail by letter delivered by first class postage prepaid U. S. mail or overnight courier to the following address:
TruBlu Direct, LLC
7804-C Fairview Road, Suite 190
Charlotte, NC 28226
If any provision of this Agreement shall be held, be deemed or shall in fact be, invalid, inoperative or unenforceable as applied to any particular case or circumstance because of the conflicts of any provision with any law, regulation, ordinance or for any other reason, that provision or provisions (a) shall be reformed so that it would be valid, operative and enforceable to the maximum extent permitted in such circumstances or case, and shall not affect the validity and enforceability of any remaining terms; and (b) shall not be invalid, inoperative or unenforceable in any other case or circumstance.
The headings of articles and sections contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.