Last updated September 17, 2018
These Terms constitute an agreement between you and WeShareMD, Inc. and its affiliates (collectively, “WeShareMD” or “we” or “us”).
Notice Regarding Dispute Resolution: These Terms of Service contain provisions that govern how claims you and WeShareMD have against each other are resolved (see Legal Disputes and Arbitration Agreement Section below), including an obligation to arbitrate disputes, which will, subject to limited exceptions, require you to submit claims you have against us to binding arbitration, unless you opt-out in accordance with the Arbitration Section below.
LINKS TO SPECIFIC TOPICS
- Additional Terms
- Users and Accounts
- Personal Use
- Responsible Use of WeShareMD Online Services
- Provision or Suspension/Withdrawal of the WeShareMD Online Services
- Social Media Access
- Mobile Access
- United States Only
- Indemnity, Disclaimers and Limits of Liability
- Legal Disputes and Arbitration Agreement
- Copyright and Trademark
- Errors and Inaccuracies
- Notice to California Residents
- Cancellation Policy
- Contact WeShareMD
Certain services offered by through the WeShareMD Online Services, such as mobile apps, sweepstakes and other similar offers, will be subject to additional terms. Those terms will be presented in conjunction with the particular program or offer and will be binding on those who participate in those programs or offers. These Terms will apply equally.
The WeShareMD Online Services are not intended for use by anyone under age 13. YOU MUST BE AT LEAST AGE 13 TO ACCESS AND USE THE WESHAREMD ONLINE SERVICES. By accessing, using and/or submitting information to or through the WeShareMD Online Services, you represent that you are at least age 13. Anyone between age thirteen (13) and eighteen (18) may only use the WeShareMD Online Services under the supervision of his/her parent or a legal guardian. IF YOU ARE A PARENT/LEGAL GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR TEENAGER’S ACCESS TO AND USE OF THE WESHAREMD ONLINE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS
Users and Accounts
To use certain WeShareMD Online Services, you may need to create an account. If you create an account, you agree you will: (a) create only one account; (b) provide honest, accurate, current and complete information regarding yourself; (c) keep your information updated and accurate; (d) keep your account password private and not share it with others; and (d) notify WeShareMD if you discover or suspect that your account has been hacked or its security breached.
You agree to take responsibility for all activities on or under any account registered to you and you accept all risks for any unauthorized use of your account. You are responsible for providing the equipment and services that you need to access and use the WeShareMD Online Services. We do not guarantee that the WeShareMD Online Services are accessible on any particular equipment or device or with any particular software or service plan.
We reserve the right, without notice and in our sole discretion at any time, to terminate your right to access and use the WeShareMD Online Services or any component of them and to block or prevent future access to and use of the WeShareMD Online Services and to delete your account and any related information. Any obligation or liability incurred prior to our termination of your access to the WeShareMD Online Services will survive such termination.
Personal Use Only
The WeShareMD Online Services are owned by WeShareMD and licensed to you for your personal, non-commercial use only. Except as expressly provided in these Terms, you may not copy, distribute, publish, transmit, modify, transmit, publicly display or perform, create derivative works of or otherwise exploit any part of the WeShareMD Online Services. You may not save or archive a significant portion of the material appearing in or on the WeShareMD Online Services. All rights not expressly granted herein are reserved by WeShareMD.
Responsible Use of the WeShareMD Online Services
You may use the WeShareMD Online Services for lawful purposes and in accordance with these Terms. No other use is permitted. Without limiting the foregoing, you may not use the WeShareMD Online Services: (a) for any purpose that is unlawful or prohibited by these Terms; (b) to cause harm or damage to any person or entity; (c) to interfere with the proper operation of the WeShareMD Online Services; or (d) to upload, post or transmit any material that violates any law, infringes on the rights of any third party or contains defamatory, libelous, abusive, obscene or otherwise objectionable material (as determined by WeShareMD in its sole discretion). YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS WESHAREMD AND ITS PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, BUSINESS ASSOCIATES, AND SUPPLIERS FROM AND AGAINST ANY ACTUAL OR THREATENED CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES) RESULTING (OR ALLEGED TO RESULT) FROM YOUR USE OF ANY WESHAREMD ONLINE SERVICES IN ANY MANNER THAT VIOLATES OR IS ALLEGED TO VIOLATE APPLICABLE LAW OR THESE TERMS.
Provision or Suspension/Withdrawal of the WeShareMD Online Services
You understand and agree that: (a) the WeShareMD Online Services may change from time to time without notice to you. Any new feature that augments, enhances or modifies the current WeShareMD Online Services is subject to these Terms; (b) we may decline to provide access to the WeShareMD Online Services or stop (permanently or temporarily) providing the WeShareMD Online Services (or any feature, program or content within the WeShareMD Online Services) to you or other users at our sole discretion, without notice or liability to you; and (c) if we disable access to your account, you may be prevented from accessing the WeShareMD Online Services, your account details, or any files or other content which are contained in your account.
Social Media Access
If you use a mobile device to access the WeShareMD Online Services, you acknowledge and agree that: (a) you are solely responsible for all message and data charges that apply to use of your mobile device to access the WeShareMD Online Services; and (b) all such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details. You further understand that service may not be available in all areas at all times and may be affected by product, software, coverage or service changes made by your mobile service provider or otherwise. Additional terms and conditions may apply to your use of our mobile apps based on the type of mobile device that you use. By accessing or using any WeShareMD Online Services via a mobile device, you agree to these Terms and to any applicable terms of a mobile app you may use.
United States Site
The WeShareMD Online Services are intended for use only in the 50 United States, plus D.C. You are responsible for compliance with any local laws if you access or use the WeShareMD Online Services anywhere else. All prices displayed on the WeShareMD Online Services are quoted in U.S. Dollars and are valid and effective only in the United States.
Indemnity, Disclaimers and Limits on Liability
You agree to indemnify, defend, and hold harmless all WeShareMD entities and their respective affiliates, officers, directors, shareholders, employees, contractors, licensors, licensees, agents, and representatives (the “Covered Entities”) against all liability, claims, costs, damages, settlements, and expenses (including interest, penalties, attorney fees and expert witness fees) (“Liabilities”) incurred by any Covered Entity in any way arising out of or relating to your breach of these Terms. WeShareMD reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and if WeShareMD assumes defense and control, you agree to cooperate with our defense of an applicable claim. You agree not to settle any matter related to the WeShareMD Online Services, including indemnified claims, without our prior written consent. We will use reasonable efforts to inform you of any indemnified matter.
To the maximum extent permitted by law, THE COVERED ENTITIES MAKE NO WARRANTY OF ANY KIND ABOUT the WeShareMD Online Services, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND NON-INFRINGEMENT. THE COVERED ENTITIES HAVE NOT MADE ANY REPRESENTATION AS TO THE POTENTIAL BENEFITS YOU MAY REALIZE BY USING THE WeSharemd online SERVICES. THE wesharemd SERVICES ARE PROVIDED AS IS, with all faults, AND AS AVAILABLE. THE COVERED ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THOSE MENTIONED ABOVE.
THE COVERED ENTITIES ARE NOT RESPONSIBLE FOR ANY CONTENT PROVIDED BY A THIRD PARTY OR BY YOU OR ANYTHING ACCESSED VIA ANY LINKS TO THIRD PARTY WEBSITES, SERVICES, OR SOFTWARE. THE COVERED ENTITIES UNDERTAKE NO OBLIGATION TO ENFORCE THEIR POLICIES OR RIGHTS AGAINST ANY THIRD PARTY. YOU BEAR ALL RISKS ASSOCIATED WITH USING THIRD PARTY LINKS, WEBSITES, ETC. The Covered Parties are not responsible or liable for the conduct of any user of the WeShareMD Online Services.
Limitations on Liability
THE COVERED ENTITIES SHALL NOT BE LIABLE FOR (A) CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, Statutory Damages or penalties, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION), EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF these types of DAMAGES, OR (B) LOSS OF OR DAMAGE TO REPUTATION arising in connection with, out of, or as a result of (i) these Terms or the WESHAREMD online services, and (ii) any acts or omissions of any of the covered entities in connection with these terms or the WESHAREMD services. The only remedy available to you under these terms AND in connection with the WESHAREMD online services is reimbursement of the access fees you have paid for the WESHAREMD services.
In the event that you have a dispute with one or more other users, you hereby release the Covered Entities from any and all claims, demands, damages (actual and consequential), losses and liabilities of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to these disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Exceptions to Disclaimers and Exclusions of Damages
If you live in a jurisdiction that does not allow disclaimer of warranties or exclusion of damages, the foregoing disclaimers and exclusions may not apply to you.
Timing of Claims
You must bring any claim you have against WeShareMD relating to these Terms or the WeShareMD Online Services within two years from the date of accrual of the applicable claim.
Legal Disputes and Arbitration Agreement
Initial Dispute Resolution
We are available by email at firstname.lastname@example.org to address any concerns you may have regarding your use of the WeShareMD Online Services. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
Terms of Service and Binding Arbitration Agreement
If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the preceding paragraph, then either party may initiate binding arbitration. All claims arising out of or relating to this Agreement (including its formation, performance and breach), the parties’ relationship with each other and/or your use of the WeShareMD Online Services shall be finally settled by binding arbitration administered by JAMS on a non-confidential basis in accordance with the provisions of its then-effective rules, including its streamlined procedures, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The procedures and rules of the Federal Arbitration Act shall exclusively govern the interpretation and enforcement of this arbitration provision and the parties hereby reject, waive and disclaim the application of any state Arbitration Act.
The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/rules-streamlined-arbitration/, or by calling JAMS at 1.800.352.5267. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, WeShareMD will pay the additional cost. A request for payment of fees should be submitted to JAMS along with your form for initiating the arbitration, and WeShareMD will make arrangements to pay all necessary fees directly to JAMS. If the arbitrator finds the arbitration to be non-frivolous, we will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. The arbitration rules also permit you to recover attorney’s fees in certain cases.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of
arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
Class Action Waiver
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception – Small Claims Court Claims
Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
30 Day Right to Opt Out
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in the preceding three paragraphs by sending written notice of your decision to opt-out to the following email address: email@example.com . The notice must be sent within thirty (30) days of registering to use the WeShareMD Online Services, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those Sections. If you opt-out of these arbitration provisions, WeShareMD also will not be bound by them.
Exclusive Venue for Litigation
Solely to the extent the arbitration provisions set forth above do not apply, or for purposes of either party enforcing an award granted to it pursuant to arbitration, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in San Diego, CA (except for small claims court actions which may be brought in the county where you reside). The
parties expressly consent to exclusive jurisdiction in San Diego, CA for any litigation other than small claims court actions. The Parties irrevocably consent to personal jurisdiction in San Diego, CA for any litigation and hereby waive, for all purposes, their right to challenge the lack of personal jurisdiction of San Diego, CA over any litigation arising in connection with, out of, or as a result of (a) these Terms or the WeShareMD Online Services, and (b) any acts or omissions of any of the Covered Entities in connection with these Terms or the WeShareMD Online Services.
Copyright and Trademark
Unless otherwise noted, all materials published in or through the WeShareMD Online Services are protected as the copyrights, trade dress, trademarks and/or other intellectual property of WeShareMD or its licensors. You may not remove or alter any copyright, trademark or other proprietary right notice in the WeShareMD Online Services. All rights not expressly granted are reserved.
WeShareMD is strongly committed to respecting intellectual property and other rights. As set forth in the following paragraphs, we have a policy of responding to notices of alleged copyright and trademark infringement that comply with applicable laws, including the Digital Millennium Copyright Act in the United States, and terminating accounts of repeat infringers in appropriate circumstances. To report a problem other than copyright or trademark infringement, please email firstname.lastname@example.org. We may, in our sole discretion, limit, suspend, or terminate a user’s access or account, delay or remove content, and take technical and legal steps to keep users from using the WeShareMD Online Services, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, circumventing temporary or permanent suspensions or harassing our employees or other users).
Links provided within the WeShareMD Online Services will allow you to connect to other websites and services that are not under WeShareMD control. We do not endorse and are not responsible for the content of such websites and/or services. You access such websites and use such services at your own risk.
Errors and Inaccuracies
The WeShareMD Online Services may contain errors, inaccuracies or omissions related to product descriptions, pricing, promotions, offers, availability and other information. If any information in the WeShareMD Online Services is inaccurate, incomplete or out of date, we reserve the right to correct, change or update such information or to cancel orders related to such information (including after you have submitted an order) without prior notice and issue a refund for amounts paid. We cannot guarantee that your computer’s or mobile device’s display of color or other product features is accurate.
WeShareMD does not seek or accept unsolicited ideas. By submitting any material to us through any of the WeShareMD Online Services, you expressly grant to WeShareMD and its affiliates a royalty-free, non-exclusive, fully transferable, assignable and sublicensable right and license to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from and distribute such material, throughout the world and in perpetuity, in all media now known or hereafter devised and for all lawful business purposes of WeShareMD and its affiliates (including, without limitation, advertising, promotional and marketing purposes). You also acknowledge and agree that if and to the extent the material submitted by you identifies you by name, likeness, voice or otherwise (“your identification”), the foregoing license granted by you will automatically be deemed to cover and extend to our use of your identification in connection with our use of the material submitted by you. In addition, you warrant that all so-called “moral rights” have been waived.
Notice to California Residents
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: The provider of the WeShareMD Online Services is WeShareMD, Inc., Info@wesharemd.com. To file a complaint regarding the WeShareMD Online Services or to receive further information regarding use of the WeShareMD Online Services, send a letter to the above address or contact WeShareMD via e-mail at email@example.com (with “California Resident Request” as the Subject Line). You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210.
We will notify you of changes to these Terms by posting the amended terms on the WeShareMD website at least thirty (30) days before the effective date of the changes. If you have provided us with your email address, we will also notify you of material changes to these Terms by sending an email at least thirty (30) days before the effective date of the changes to the email address you most recently provided to us. We encourage you to keep the email address you provide to us current, and to promptly notify us of any changes to your email address, so that you may receive any notices we send to you regarding material changes to these Terms. If you do not agree to the new terms, you should stop using the WeShareMD Online Services, and if you are a registered user, you may cancel your account with us within the thirty (30) day period by contacting us at firstname.lastname@example.org and you will not be bound by the new terms. Otherwise, the new terms will take effect after thirty (30) days. WeShareMD employees do not have the right to modify these Terms orally or otherwise. If any employee of WeShareMD offers to modify the provisions of these Terms except using the process described above, he or she is not acting as an agent for WeShareMD or speaking on our behalf.
Refunds for cancellations will follow this table:
|Refund percentage||Days to reservation date|
|100%||More than or equal to 7 days|
|50%||Under 7 days to 48 hours|
|0%||Less than 48 hours|
These Terms constitute a contract made solely over the Internet and you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms and any claim or dispute that has arisen or may arise between you and WeShareMD relating to use of any aspect of the WeShareMD Online Services.
These Terms and the terms and conditions incorporated in these Terms by reference are the entire agreement between you and WeShareMD.
Except as provided in the Arbitration provisions above, if any provision of these Terms is unenforceable, the validity and enforceability of the remaining provisions will not be affected.
No Third-Party Beneficiaries
These Terms are between you and WeShareMD. There are no third-party beneficiaries.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms.
If you have questions regarding any of these Terms, you can call us at 832-Weshare or write to us at WeShareMD, Inc., email@example.com.