Welcome to Bundoo.com (“Bundoo” or “Site”), which is owned and operated by Interactivation Health Networks, LLC, d/b/a The Wellness Network (“we”, “us” or “Company”). By visiting or interacting on the Site, you (“User”, “you” or “your”) agree that you have read and agree to be bound by all the terms set forth in this Terms and Conditions (“Terms and Conditions” or “Agreement”), whether you are a registered member of Bundoo or not.
The Company reserves the right, at any time, without prior notice, to modify, alter or update the Terms and Conditions. Such modifications, alterations or updates shall become effective immediately upon being posted on the Site. After modifications, alterations or updates are posted, your continued usage of the Site therein will constitute your acknowledgement and acceptance of the modifications, alterations or updates. It is your responsibility to regularly review the Terms and Conditions. If there are any portions of the Terms and Conditions that you do not agree with, please do not continue to use Bundoo.
Bundoo is intended and designed to be used by individuals who are eighteen (18) years old or older. We do not collect personally identifiable information from any person we actually know is under eighteen (18) years old, provided, however, that persons who are eighteen (18) years or older may ask questions about children in the “Ask A Doctor” section of the Site (which is a fee-only service as set forth below) or engage in conversations about children anywhere on the Site (which is free of charge).
4. Bundoo Professionals & Information Provided
A. Independence of Bundoo Professionals. A “Bundoo Professional” means: (i) a U.S. licensed doctor who has written an informational article posted on the Site and/or a U.S. licensed doctor who is asked and responds to informational questions by Users who utilize the fee-only “Ask A Doctor” section of the Site, and/or (ii) a qualified healthcare professional who has written an article posted on the Site and/or a qualified professional who is asked and responds to questions by Users who utilize the fee-only “Ask A Doctor” section of the Site. The inclusion of a Bundoo Professional on the Site does not imply recommendation or endorsement of such professional, nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any professional contained therein. In addition, any opinions, advice or information expressed by any such individuals are those of the individual and the individual alone and do not reflect the opinions of the Company. The Company is not responsible for verifying or maintaining professional qualifications of Bundoo Professionals and does not assume responsibility for professional liability associated with advice, opinions, or information arising from the Bundoo Professional through their connection with the Site.
B. Information Not Advice, Guarantee or Warrantee. Bundoo Professional information and any other information and/or services provided by or on the Site are intended for educational purposes only and are not intended to, and do not, constitute medical or healthcare advice or diagnosis and may not be used for such purposes. You understand and agree that in offering the services available on the Site, the Company makes no guarantee or warrantee with regard to the information, whether Bundoo Professional to User or User to User, services or products that might be discussed, featured or offered.
C. No Client-Professional Relationship. Your use of the Site, including, without limitation, any interaction with a Bundoo Professional, does not create a privileged Client/Professional relationship, including, without limitation, a doctor/patient relationship. The Bundoo Professional information and any other information and/or services provided by or on the Site are not a substitute for in-person evaluation or specific professional advice from your personal physician, doctor, healthcare provider or other professional. Even if your real-life physician, doctor, healthcare provider or other professional is on Bundoo, personal medical advice, treatment or diagnosis are not permitted through Bundoo and you agree not to solicit these or use any information as if it were personal advice, treatment or diagnosis.
D. DO NOT USE BUNDOO IN A MEDICAL EMERGENCY, OR FOR MEDICAL ADVICE, TREATMENT OR DIAGNOSIS.
E. CALL 911 OR YOUR PERSONAL DOCTOR IF YOU BELIEVE YOU HAVE A MEDICAL EMERGENCY.
F. SEEK THE ADVICE OF YOUR PERSONAL PHYSICIAN OR YOUR PERSONAL HEALTHCARE PROVIDER WHENEVER YOU HAVE A QUESTION ABOUT A MEDICAL CONDITION OR SYMPTOM.
G. NEVER DELAY SEEKING ADVICE, TREATMENT OR DIAGNOSIS OR DISREGARD ANY ADVICE, TREATMENT OR DIAGNOSIS BECAUSE OF SOMETHING YOU READ, LEARN OR RECEIVE INFORMATION ON FROM BUNDOO OR A BUNDOO PROFESSIONAL.
5. Account Information
As a User of Bundoo (other than a person who is purchasing a gift as a non-registered member of Bundoo pursuant to Section 6(G) below), you agree to: (a) provide accurate and current information in your account (“account”) as prompted to you by any page on Bundoo or if registering through Facebook, as prompted to you through that method of registration; (b) maintain and monitor the confidentiality and security of your account, password, and account data; and (c) take full responsibility for all use of and any actions taken under your account. Please notify us immediately of any unauthorized use of your account or password. You are only permitted to create one account. If your account has been suspended or terminated, you may not open another account. NOTE: If you choose to register through Facebook, the Company will extract certain personal information from your Facebook account, such as your first and last name, e-mail address, and public profile.
In addition, the Company may also extract such other personal information that your privacy settings on your Facebook account permit the Company to access. If you do not wish for the Company to extract personal information from your Facebook account, please do not register or login to Bundoo through Facebook. In addition, in connection with your use of the Site (other than a person who is purchasing a gift as a non-registered member of Bundoo pursuant to Section 6(G) below), you will be required to create a profile. You can manage the privacy settings of your profile by selecting the settings tab followed by the privacy tab within your profile. There are three (3) privacy setting options to choose from as follows and as further set forth on the Site: (a) “Anyone can see My Profile”, (b) “Only Bundoo members can follow me or see My Profile”, or (c) “Nobody can follow me or see My Profile”. If you register using Facebook, please note that this registration method automatically defaults to the privacy setting “Only Bundoo members can follow me or see My Profile”. To change this automatic default setting, select the settings tab followed by the privacy tab within your profile. Please note that with each of the aforementioned privacy settings, including with respect to the privacy setting “Nobody can follow me or see My Profile”, Users can see the first name, first letter of the last name and profile picture that you decide to utilize in your profile. NOTE: If you wish to remain anonymous, please do not register or login using Facebook and please do not use your real name or other information (including, for example, uploading a profile picture of yourself) that could be used to identify you when creating your profile. Additionally, when posting on the Site (including questions, comments or other submissions), do not include your real name or any other information that could be used to identify you.
By creating an account, you agree that the Company may send notices to you by e-mail at the email address you provide when you create your account, the e-mail address used by you in connection with your registration through Facebook, or a different e-mail address that you update in your account settings. Please note that when registering using Facebook, you will automatically receive Bundoo email communications and Site activity alerts. You can manage your preferences for communications by selecting the settings tab followed by the communications tab within your profile.
If you voluntarily share your employer, hospital, or doctor information in association with your account, you acknowledge that your Personal Health Information may be disclosed without your written authorization to a HIPAA business associate (who has committed to protect the privacy and security of your health information).
6. Free Content & Fee-Only Service
The Site allows for Users who create an account and profile to utilize the “Community,” “Pregnancy,” “Baby,” “Toddler,” “Parenting,” “Health,” and “Blog” sections of the Site free of charge. The aforementioned are collectively referred to herein as “Free Content.” The Site also contains a fee-only service called “Ask A Doctor”. The following supplemental terms apply to “Ask A Doctor”:
A. “Ask A Doctor” Options and Pricing. The Company currently offers the following options in connection with the “Ask A Doctor” fee-only service: (i) the purchase of asking up to one (1) informational question to a Bundoo Professional and receiving up to one (1) response to said informational question from a Bundoo Professional (the “Ask A Doctor Option 1”), (ii) the purchase of asking up to six (6) informational questions to a Bundoo Professional and receiving up to six (6) responses to said informational questions from a Bundoo Professional (the “Ask A Doctor Option 2” and with Ask A Doctor Option 1 being collectively referred to herein as “Ask A Doctor Non-Subscriptions”), and (iii) a monthly subscription for asking unlimited informational questions to a Bundoo Professional and receiving responses to said informational questions from a Bundoo Professional, subject to the terms and conditions of this Agreement (the “Ask A Doctor Subscription”). The prices for the Ask A Doctor Option 1, Ask A Doctor Option 2 and Ask A Doctor Subscription are stated on the Site. All prices are in United States Dollars and are subject to change at the Company’s sole discretion. The Ask A Doctor Non-Subscriptions are each one-time purchases and payment is processed at the time of purchase using one of the payment methods set forth in Section 6(B) below. In addition, the full purchase price for Ask A Doctor Non-Subscriptions will be charged at the time of purchase and is not refundable. Furthermore, Ask A Doctor Non-Subscriptions shall automatically expire if not used within 12 months of purchase. With respect to the Ask A Doctor Subscription, unless otherwise specified in the Cancellation and Refund Policy set forth below, all subscriptions are non-refundable.
B. Payment Method. We accept credit cards as delineated on the Site during the time of purchase. We reserve the right to reject any purchase at any time. If your initial payment authorization is later revoked, your access to “Ask A Doctor” or your Ask A Doctor Subscription (as the case may be) will be terminated. You agree and confirm that the credit card details provided by you shall be correct and accurate and that you shall not use credit cards that are not lawfully owned by you.
C. Billing for Ask A Doctor Subscription. With respect to the Ask A Doctor Subscription, we will charge or debit your payment method at the beginning of your subscription or, if applicable, at the end of your free trial period. Billing will continue according to the cycle stated at the time of your subscription unless you are otherwise notified and/or you cancel your subscription in accordance with this Agreement.
D. Additional Costs. It is your responsibility to report and pay any taxes, including, without limitation, use taxes, and any additional charges such as telecommunications fees or data fees that may be due or incurred in connection with your use of the Site.
E. Changes to Fee-Only Service. The Company reserves the right to make changes to the “Ask A Doctor” fee-only service at any time. If we temporarily reduce or eliminate the charge for content or access that you are currently paying for under different terms, you will not receive a refund.
F. Promotions. We may occasionally offer promotions in connection with the accessibility of the “Ask A Doctor” portion of the Site. The specific terms of each promotion will be stated at the time the promotion is offered. Each promotion may be different and cannot be combined with other promotions. At the time you sign up for a promotion that pertains to theAsk A Doctor Subscription, you will be required to provide information pertaining to one of the payment methods set forth in Section 6(B) above. If the promotion pertains to theAsk A Doctor Subscription, upon the completion of the promotion period, you will automatically have purchased the subscription delineated in the promotion unless you notify us of your desire not to purchase the subscription by e-mailing us at firstname.lastname@example.org at least 10 days before the promotion period ends. We will not provide you with any notification pertaining to the ending of the promotional period.
G. Gifting Fee-Only Service. A registered member of Bundoo or anyone who is not a registered member of Bundoo (a “Donor”) can purchase a gift of Ask A Doctor Option 1, Ask A Doctor Option 2 or Ask A Doctor Subscription for someone (a “Recipient”), provided however that a Recipient who already has an Ask A Doctor Subscription would be required to cancel their Ask A Doctor Subscription in order to utilize a gift of Ask A Doctor Option 1, Ask A Doctor Option 2 or Ask A Doctor Subscription. As part of the purchase of a gift, the Donor will be required to supply the Recipient’s e-mail address. If the Donor wishes to have the gift e-mailed to the Recipient at the time of purchase, an e-mail containing the redemption code will be sent to the Recipient’s e-mail address along with a short message provided by the Donor at the time of the purchase. Alternatively, as part of the purchase of a gift, the Donor may select to download and print the redemption code. This gift delivery option allows Donor to directly deliver the gift to the Recipient at Donor’s convenience and method of delivery. Redemption codes are not replaceable and will expire if not redeemed within 12 months of the purchase date. After completing an initial purchase, a Donor may complete another gift purchase for another Recipient. PLEASE NOTE THAT THE PURCHASE OF A GIFT IS A ONE-TIME PURCHASE. ORDERS ARE PROCESSED AT THE TIME OF PURCHASE USING ONE OF THE PAYMENT METHODS SET FORTH IN SECTION 6(B) ABOVE (SAID PROVISION, ALONG WITH SECTION 6(D) ABOVE, BEING INCORPORATED BY REFERENCE INTO THIS SECTION 6(G)). THE FULL PURCHASE PRICE FOR GIFT WILL BE CHARGED AT THE TIME OF PURCHASE AND IS NOT REFUNDABLE.
H. Abusive Use of Ask A Doctor Subscription. You acknowledge and agree that an abusive use of your Ask A Doctor Subscription may impair the Company’s ability to offer subscriptions at reasonable prices to other subscribers and/or indicate non-personal, transferred or resale use. Notwithstanding anything to the contrary in this Agreement, the Company reserves the right to cancel your subscription in its entirety at any time for your abusive use (as determined by the Company in its sole discretion).
I. Renewals of Ask A Doctor Subscriptions. Ask A Doctor Subscriptions (except for gifts of Ask A Doctor Subscriptions) will renew automatically unless you cancel your subscription within the payments tab of your profile settings at least 10 days before the expiration of the initial subscription or renewal period (as applicable) or notify us by e-mailing us at email@example.com at least 10 days before the expiration of the initial subscription or renewal period (as applicable). We will not provide you with any notification pertaining to the ending of the initial subscription or renewal period (as applicable). Ask A Doctor Subscriptions that are gifted to a Recipient shall not automatically renew and shall automatically expire at the end of the gifted subscription period.
J. Cancellation and Refund Policy of Ask A Doctor Subscription. (i) Cancellation of Ask A Doctor Subscription by the Company. Except as otherwise set forth in this Agreement, if your use of the Site is terminated by the Company, you will be entitled to receive a refund of any pre-payments that remain unused at the time of termination unless such use is terminated because you are in breach of this Agreement, including, without limitation, abuse of your Ask A Doctor Subscription. If your use of the Site is terminated by the Company because you are in breach of this Agreement, you shall not be entitled to receive a refund of any pre-payments that remain unused at the time of termination. For the avoidance of any doubt, “pre-payment” shall mean your making of a subscription payment that covers more than one month period in advance. (ii) Gift Ask A Doctor Subscriptions. Recipients of gift Ask A Doctor Subscriptions shall not receive a refund if they should decide to cancel their gifted subscription. We reserve the right to issue refunds or credits at our sole discretion.
K. Cancellation and Refund Policy of Gift Ask A Doctor Non-Subscriptions. Recipients of gift Ask A Doctor Non-Subscriptions shall not receive a refund if they should decide to cancel their gifted Ask A Doctor Non-Subscriptions. We reserve the right to issue refunds or credits at our sole discretion.
7. Proprietary Content
All content (other than User Generated Content and Third Party Applications, Software or Content, including licensed content) on the Site (“Content”), including graphics, text, applications, pictures, videos, software, sound, information and any other files, including, without limitation, Bundoo Professional articles, information and responses, and their selection and arrangement, are proprietary property of the Company. No Content may be modified, distributed, copied (except as permitted by the next sentence of this paragraph), reproduced, published, displayed, posted, transmitted, or sold or licensed in any form or by any means, in whole or in part, without the Company’s prior written consent. You are permitted to print copies of pages from the Site for your own personal, noncommercial use, provided that you do not make any modifications to, or create any derivative works from, the Content, and that you keep all copyright or other proprietary notices intact. Any use of the Site and its Content other than as specifically authorized herein, without the prior written consent of the Company, is strictly prohibited and will terminate the license granted herein and subjects you to the possibility of prosecution.
Any trademarks, service marks and logos appearing on the Site are the property of the Company or other third parties and may not be used by you without the owner’s prior written consent.
9. User Conduct
You agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through Bundoo will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. Without limiting the generality of any other provisions of these Terms and Conditions, you agree you shall not (and you agree not to allow any other person or entity to) use Bundoo to:
- harvest or collect email addresses or other contact or personal information of other users from Bundoo by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- use Bundoo in any unlawful manner or in any other manner that could damage, disable, overburden or impair Bundoo;
- use automated scripts to collect information from or otherwise interact with Bundoo;
- upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
- upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- upload, post, transmit, share, store or otherwise make publicly available on Bundoo any private information of any third party, including addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
- upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- intimidate or harass another;
- upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- use or attempt to use another’s account, service or system without authorization from the Company, or create a false identity on Bundoo; and
- upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying Bundoo or which may expose Company or its users to any harm or liability of any type.
10. User Generated Content Posted on Bundoo
You are solely responsible for the photos, profiles, messages, notes, text, information, sound, video, and other content that you upload, publish or display (hereinafter “post”) on or through Bundoo or transmit to or share with other users or with a Bundoo Professional (collectively the “User Generated Content”). You may not post, transmit, or share User Generated Content on Bundoo that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Content or User Generated Content in its sole discretion, for any reason or no reason, including User Generated Content that in the sole judgment of the Company violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety or privacy of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Generated Content you post or store on Bundoo or provide to the Company.
When you post User Generated Content to Bundoo, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Generated Content on Bundoo. By posting User Generated Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Generated Content for any purpose, commercial, advertising, or otherwise, on or in connection with Bundoo or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Generated Content, and to grant and authorize sublicenses of the foregoing. If you wish to remove any specific User Generated Content from Bundoo, please e-mail us at firstname.lastname@example.org. The license granted above will automatically expire with respect to User Generated Content that is removed, however you acknowledge that the Company may retain archived copies of your User Generated Content. The Company does not assert any ownership over your User Generated Content; rather, as between us and you, subject to the rights granted to us in these Terms and Conditions, you retain full ownership of all of your User Generated Content and any intellectual property rights or other proprietary rights associated with your User Generated Content.
In addition, with respect to the “Ask A Doctor” feature of the Site, we ask that you comply with the following rules:
- We only allow for the submission of informational questions for educational purposes.
- You should not submit any requests for prescriptions, diagnosis or treatment.
11. Third Party Websites and Content
The Site may contain links to other web sites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). Such Third Party Sites and Third Party Applications, Software, or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software, or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by the Company. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from any such site.
12. Copyright Complaints and Repeat Infringer Policy
We prohibit users from uploading, posting or otherwise transmitting on Bundoo any materials that violate another party’s intellectual property rights. When we receive proper notification of alleged copyright infringement (as set forth below), we promptly remove or disable access to the allegedly infringing material and terminate the account of repeat infringers in accordance with the Digital Millenium Copyright Act (“DMCA”). In accordance with DMCA and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at the Company’s sole discretion, the accounts of repeat infringers. Company may also at its sole discretion limit access to Bundoo and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that your own copyrighted work is accessible on Bundoo in violation of your copyright, you may provide our designated agent with written communication as set forth in the DMCA, 17 U.S.C. § 512(c)(3) that contains substantially the following information:
1. A description of the copyrighted work that you claim has been infringed;
2. A description of where the material that you claim is infringing is located on Bundoo;
3. Your address, telephone number and email address;
4. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
5. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the copyright at issue or are authorized to act on the copyright owner´s behalf; and
6. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.
Our designated copyright agent for notice of claims of copyright infringement on Bundoo may be reached at the following address:
INTERACTIVATION HEALTH NETWORKS, LLC
N27 W23539 Paul Rd., Suite 100
Pewaukee, WI 53072
Or by email:
Upon receiving a proper written communication as described above, we will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the DMCA statutory counter notification procedure set forth in the DMCA, 17 U.S.C. § 512(g)(2) and (3).
Please note that you may be liable for damages, including court costs and attorneys fees, if you materially misrepresent that content on Bundoo is copyright infringing. Filing a false notification constitutes perjury.
If you believe that your privacy rights have been violated, please submit a complaint or inquiry in writing to the Bundoo Privacy Officer at email@example.com or by mail at the address above. Additionally, you have the right to complain to the Secretary of the Department of Health and Human Services without fear of retaliation.
THE CONTENT, INFORMATION AND MATERIALS CONTAINED ON THE SITE (INCLUDING, WITHOUT LIMITATION, BUNDOO PROFESSIONAL CONTENT) ARE PROVIDED ON AN “AS IS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS AND WARRANTIES OF ANY AND ALL KINDS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR PERFORMANCE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION, CONTENT AND MATERIALS ON THE SITE ARE ACCURATE, COMPLETE, CURRENT OR FREE OF ERRORS, THAT THE SITE OR THE CONTENT AND INFORMATION THEREIN IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND THE COMPANY IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM THE USE OF, INABILITY TO USE, OR RELIANCE UPON ANY ASPECT OF THE SITE OR FOR ANY DAMAGE THAT YOU MAY INCUR IN CONNECTION WITH THE USE OF THE SITE.
14. Limitation on Liability
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, GENERAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, WHETHER IN ACTION UNDER CONTRACT, NEGLIGENCE, TORT OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILTY TO USE, OR PERFORMANCE OF THE SITE OR IN CONNECTION WITH ANY CONTENT, INFORMATION OR MATERIAL AVAILABLE THROUGH AND FROM THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE BUNDOO PROFESSIONAL AND THE COMPANY SHALL HAVE ABSOLUTELY NO LIABILITY FOR (A) ANY LOSS OR INJURY CAUSED, IN WHOLE OR IN PART, BY THE BUNDOO PROFESSIONAL’S ACTIONS, OMISSIONS, OR NEGLIGENCE, IN, PROCURING, COMPILING, OR DELIVERING INFORMATION WITHIN OR THROUGH BUNDOO, (B) ANY ERRORS, OMISSIONS, OR INACCURACIES IN SUCH INFORMATION REGARDLESS OF HOW CAUSED, OR DELAYS OR INTERRUPTIONS IN DELIVERY OF SUCH INFORMATION; OR (C) ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE UPON SUCH INFORMATION. YOU SHOULD NOT RELY ON THE BUNDOO PROFESSIONAL CONTENT OR MAKE MEDICAL OR OTHER IMPORTANT DECISIONS BASED ON IT, AND THE COMPANY AND THE BUNDOO PROFESSIONAL ARE NOT RESPONSIBLE FOR WHAT YOU DO OR DON’T DO WITH THE CONTENT. FOR MEDICAL ADVICE, TREATMENT, OR DIAGNOSIS, SEE YOUR PERSONAL PHYSICIAN OR HEALTHCARE PROVIDER.
You agree to indemnify, defend and hold the Company and each of its managers, members, officers, agents, and employees (the “Company Parties”), harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees (collectively “Losses”), arising out of or in connection with your violation of this Agreement or your use of the Site or its Content (including Bundoo Professional Content). You also agree to indemnify and hold harmless the Company Parties and the Bundoo Professional as a result of any User Generated Content posted or made available by you through your use of the “Ask A Doctor” feature, any violation of law that occurs by you through your use of the Bundoo Professional Content or this Site, and/or anything you do using the Bundoo Professional Content, this Site and/or the information contained therein.
The Company may terminate your account, Ask A Doctor Subscription, Ask A Doctor Non-Subscription, delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Site for any reason, or no reason, at any time in its sole discretion, with or without notice.
17. Applicable Laws
Your use of this Site shall be governed in all respects by the laws of the State of New York, without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the Site (including but not limited to the Ask A Doctor Subscription and Ask A Doctor Non-Subscriptions) shall be in the state or federal courts located in New York. You hereby consent to the personal and exclusive jurisdiction of the state and federal courts of New York, as may be applicable, and hereby waive any objection that you may have to the laying of venue of any such proceeding and any claim or defense of inconvenient forum. Any cause of action or claim you may have with respect to the Site (including but not limited to the Ask A Doctor Subscription and Ask A Doctor Non-Subscriptions) must be commenced within one (1) year after the claim or cause of action arises. The Company’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. The Company may assign its rights and duties under this Agreement to any party at any time without notice to you.
18. Other General Provisions
Last Revised: July 12, 2017.