Terms of use

(a) alter or modify the Website, or make any electronic reproduction, adaptation, distribution, performance, or display of the Website, or any portion thereof, except to the extent required for the limited purpose of reviewing material on the Website; or

(b) sell, rent, lease, transfer, distribute, broadcast, display, provide, or otherwise assign to any third party any rights to the Website, or related materials; or

(c) remove or modify any proprietary notice or labels on the Website, or related materials, including author attribution and copyright notices, or use any of our trademarks as meta-tags on any other website; or

(d) use the Website for any non-authorized purpose or any illegal purpose; or

(e) copy, modify, erase, or damage any information contained on computer servers used or controlled by SignatureMD or any third party; or

(f) use the Website to violate any legal right of any third party, including any publicity or privacy right, copyright, or other intellectual property right, or to take any action that is harassing, libelous, defamatory, abusive, tortious, threatening, harmful, or otherwise objectionable; or

(g) access or use any password-protected, secure, or non-public areas of the Website, or access data on the Website not intended for you, except as specifically authorized by SignatureMD; or

(h) impersonate or misrepresent your affiliation with any person or entity; or

(i) use any automated means to access or use the Website, including scripts, bots, scrapers, data miners, or similar software, or display the Website, or portions thereof, in things (e.g., framing, scraping, etc.), without our express written permission; or

(j) attempt to or actually disrupt, impair, or interfere with the Website, or any information, data, or materials posted and/or displayed by SignatureMD; or

(k) attempt to probe, scan, or test the vulnerability of the Website or breach any implemented security or authentication measures, regardless of your motives or intent; or

(l) attempt to interfere with or disrupt access to or use of the Website by any user, processor, host, or network, including, without limitation, by submitting a virus, worm, Trojan horse, or other malicious code; or

(m) post any content to the Website that: (i) includes any profane, obscene, defamatory, discriminatory, threatening, menacing, harassing, or violent content; (ii) depicts or suggests nudity or sexual acts; (iii) promotes hatred, including against members of a protected group under federal, state, or local law (such as, for example, a group defined by race, gender, or national origin); (iv) is objectively shocking or disgusting; (v) depicts or suggests presently occurring illegal activity, including, e.g., illicit drug use or underage drinking; (vi) includes unlicensed proprietary content of a third party, including, e.g., third-party content protected by copyright or trademark for which you do not have a license; (vii) breaches any duty of confidentiality you may have to a third party (e.g., discloses private information about a third party without consent); or (viii) is contrary to the Agreement, including SignatureMD’s rules and policies.

(a) a physical or electronic signature of the person authorized to act on behalf of the copyright owner;

(b) identification of the copyrighted work or works claimed to have been infringed;

(c) a detailed description of the material you claim is infringing, together with information sufficient to enable us to locate it, including the URL or other description of where the infringing material appears;

(d) your name, mailing address, telephone number, and e-mail address;

(e) a statement by you that you believe in good faith that the copyrighted material identified is being used in a manner that is not authorized by the copyright owner, its agent, or the law; and

(f) a statement by you that the above information is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright allegedly infringed.

14.1 Modifications

At any time and in SignatureMD’s sole discretion, we may add, delete, or modify the Agreement.  We will use commercially reasonable efforts to publish any revised portion of the Agreement, for example, by publishing the latest version of these terms and conditions at this URL.  Should you deem any such addition, deletion, or modification to the Agreement unacceptable, you shall stop accessing and using the Website.  All changes to the Agreement shall be effective immediately.

14.2 Access and Use Where Prohibited

Access to and use of our Website are unauthorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation this provision.

14.3 Operation of the Website from the United States of America

By accessing and using the Website, you acknowledge and agree that SignatureMD controls and operates all parts of the Website from its offices in the United States of America and that the Website, and the information contained on the Website, is intended for use by End Users located in the United States of America.  Other countries may have laws, regulatory requirements and medical practices that differ from those in the United State of America. Unless expressly stated to the contrary, SignatureMD makes no representation that the Website, or the information contained on the Website, is appropriate or will be available for use in other locations.  Unless otherwise explicitly stated, all material and content found on or accessible through the Website is solely directed to individuals, companies, or other entities located in the United States of America.  SignatureMD reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area.  Any offer for any feature, product, or service made on or through the Website is void where prohibited.  If you access or use the Website from outside the United States of America, you are entirely responsible for compliance with applicable local laws and other applicable laws.  You may not use any portion of the Website in violation of applicable export laws and regulations.

If you access the Website from outside the United States, you acknowledge and agree that your information may be transferred to and maintained on computers and servers located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction.  Your consent to the Agreement followed by your submission of such information represents your agreement to the transfer of such information to the United States and the collection, use, and disclosure of your information in accordance with United States law and our Privacy Policy.

14.4 Applicable Law and Venue

Any action related to the Agreement will be governed by the laws of the California, without regard to the choice or conflicts of law provisions of any jurisdiction.  You and SignatureMD agree and consent that jurisdiction, proper venue, and the most convenient forums for all claims, actions, and proceedings of any kind relating to our Website or the Agreement will be exclusively in the federal or state courts of California.

14.5 Dispute Resolution

SignatureMD intends to resolve any and all disputes that may arise between it and its End Users in a cost-effective and non-disruptive manner, preferably without the time and expense of litigation.  Toward this end, you agree to the following dispute resolution procedure.  If you are unable to resolve any dispute in the ordinary course of business, you shall send a written notice to SignatureMD in which you outline the issues in dispute, enclose any relevant documents, and state the requested relief. SignatureMD shall respond within ten (10) business days with identical information from its perspective.  You and a representative of SignatureMD shall meet or communicate electronically within ten (10) business days of the delivery of the response, and as often as you and SignatureMD mutually deem necessary or desirable thereafter, in an attempt to resolve the matter.  If, within sixty (60) days of the first communication, you and SignatureMD fail to resolve the matter, you and SignatureMD shall seek to mediate the dispute with a neutral third party.  Neither party shall seek further legal action unless such mediation fails to achieve a resolution acceptable to both parties.  You agree that you will not bring or be a party to any class-action lawsuit against SignatureMD.

14.6 Unsolicited Materials and End User’s Grant of Limited Licensed

In operating our Website, SignatureMD does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Website, our mail and e-mail addresses, or in any other way.  Any information or material submitted or sent to SignatureMD (including, but not limited to, comments, questions, feedback, data, suggestions, ideas and the like) will be deemed to be not confidential or secret. By submitting or sending information or other material to SignatureMD, you represent and warrant that the information is original to you and that no other party has any rights to the material.

By communicating with SignatureMD, including submitting or sending content to us, you grant SignatureMD the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in such content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating the content, in whole or in part, into a SignatureMD feature. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any content or part thereof, or other communication to SignatureMD.  You also warrant that any “moral rights” in such content is waived.

14.7 Miscellaneous

If any part of the Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

No failure or delay in enforcing any provision, exercising any option, or requiring performance, shall be construed to be a waiver of that or any other right in connection with the Agreement.

No action arising out of this Agreement or your access to or use of our Website, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose) and you hereby waive any longer statute of limitations that may be permitted by law.

If SignatureMD does take any legal action against you as a result of your violation of the Agreement, SignatureMD will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to SignatureMD.  You agree that SignatureMD will not be liable to you or to any third party for termination of your access to, or use of, any of our Website as a result of any violation of the Agreement or for any reason at all.

You may not assign, by operation of law or otherwise, any rights or delegate any duties under the Agreement to any third party without prior written consent by SignatureMD.  Any purported assignment lacking such consent will be void at its inception. SignatureMD may assign all or part of its rights and/or delegate all or part of its duties under the Agreement to any party, at any time, and in its sole discretion, upon notice of assignment by posting such notice on our Website.