Terms & Conditions

This document sets forth the conditions under which ACTIV DOCTORS CONSULT LLC (or ADC) sells and delivers its services to you, the User. The acceptance by User of any ADC services shall be deemed to constitute acceptance of these Terms and Conditions. If User does not wish to be bound by ADC’s Terms and Conditions, as set forth herein, User should not use ADC services or the ADC website (www.activdoctorsonline.com).

By accepting the Terms and Conditions, User warrants that User has fully read and understood the Terms and Conditions without any impairment in judgment resulting from (but not limited to) mental illness, mental handicap, intoxication, medication, or any other health or other problem that could impair judgment. Please read this Agreement carefully before accessing the Site or using the Services.

IMPORTANT: ADC is not a health insurance company and is not licensed to sell health insurance.

SEPARATE WRITTEN AGREEMENT

If User has not signed a separate written agreement with ADC, these Terms and Conditions constitute the entire agreement between User and ADC with respect to the services ADC delivers to User. If there is any conflict between these Terms and Conditions and a signed written agreement between User and ADC, the signed written agreement will control.

SERVICES

A - CONSULTATION SERVICES

a - ADC makes available to its Users and their attending physicians medical consultation services to assist User and User’s physician to better understand and assess User’s medical condition. ADC arranges for User to receive a Consultation from one or more physicians under contract with ADC (“Physicians”). The term “Consultation” shall mean (i) the review by a Physician of User’s medical records provided by User to ADC, including without limitation, laboratory tests and x-rays; (ii) the providing of information, if any, to the User’s attending physician in connection with the diagnosis and treatment of the User; and (iii) the expression of a written statement by the Physician as to whether the Physician agrees with the diagnosis assigned, and the course of treatment provided or to be provided, to the User. User understands and acknowledges that the Physicians furnishing the Consultation services hereunder need not be licensed to practice medicine in the State of Florida but shall, at a minimum, be licensed to practice medicine in another state, territory or foreign country. User acknowledges and agrees that at no time shall the term “Consultation” include the examination of the User, the provision of any medical procedure on the User or the rendering of treatment to User by any Physician. This Consultation service or advice does not constitute the practice of medicine by ADC.

b - User agrees to provide to ADC true and complete copies of User’s medical records (“Records”) within ten (10) days of registering to receive Consultation Services (as defined below) and any additional medical information and/or documents in User’s possession or control if the Physician(s) providing the Consultation services or ADC on such Physician’s behalf, requests such information and such information is reasonably likely to assist the Physician in rendering the Consultation services. User’s failure to provide any such additional information or documentation to Physician or ADC within 10 days of the Physician’s or ADC’s request shall void ADC’s obligation hereunder to provide the Consultation, but shall not entitle the User to receive a refund of the compensation paid to ADC.

c - User acknowledges that User will furnish to ADC and the Physician(s) private health information. Accordingly, User hereby consents to the use and disclosure of such information by ADC and the Physicians solely in connection with the provision of Consultation services pursuant to this Agreement. Furthermore, User hereby authorizes any health care provider (including, without limitation, User’s attending physician) or any health care facility whose name is included in the Records to communicate with representatives of ADC, including, without limitation, the Physicians, concerning the patient’s medical condition and private health information. User agrees to sign any reasonable document presented to User by ADC for the purpose of authorizing User’s treating health care providers and health care facilities to provide medical information to ADC if such health care providers or facilities require a separate authorization beyond this Agreement.

d - After reviewing the Records, the Physician shall prepare a written report containing medical information, if any, to the User’s attending physician in connection with the diagnosis and treatment of the User; and a written statement by the Physician as to whether the Physician agrees with the diagnosis assigned, and the course of treatment provided, or to be provided, to the patient (“Consultation Report”). The Physician shall furnish the Consultation Report to ADC, which shall, in turn, furnish the Consultation Report to the User and to User’s attending physician. User hereby authorizes ADC and/or the Physician(s) to furnish the Consultation Report to User’s treating/attending physician(s), as designated by User.

e - ADC shall arrange for the delivery of the Consultation Report to the User between 2 and 5 business days from the date ADC determines the Records are complete to enable it to begin a review. If, after review of the initial production of the Records, the Physicians require additional information to deliver the Consultation Report, the Consultation Report shall be due between 2 and 5 days after the delivery to ADC by User of the additional information.

f - User acknowledges and agrees that the provision by ADC of Consultation services does not give rise to a physician/patient relationship between ADC and/or the Physicians, on the one hand, and User on the other hand. Accordingly, User, on User’s own behalf and on behalf of User’s heirs, executors and personal representatives, hereby releases and discharges ADC, all parent, subsidiary and/or affiliated companies, as well as its and their successors, assigns, officers, owners, directors, agents, representatives, attorneys, and employees, and the Physicians, (all of whom are referred to throughout this Agreement as “ADC Releases”), of and from all claims in tort, demands in tort, tort causes of action, tort damages, tort losses, and expenses in tort, as a result of any alleged malpractice or alleged professional liability claim(s) arising out of or related to this Agreement. In addition, User hereby agrees that neither User, nor User’s heirs, executors and personal representatives, will file any tort action, or assign to others the right to file any tort action, or make any claims in tort, as a result of any alleged malpractice or alleged professional liability against the ADC Releases arising out of or related to this Agreement. The foregoing shall not be deemed or construed to prevent User from making any claim against ADC for breach of contract for the failure of ADC to perform its obligations under these Terms and Conditions.

g - User acknowledges and agrees that the Consultation Report contains only the Physician’s conclusions and information regarding the User’s diagnosis and treatment or proposed diagnosis and treatment, and that reasonable minds may differ on such diagnosis and treatment or proposed diagnosis and treatment. In addition, User acknowledges and agrees that the Physicians are independent contractors of ADC, and that, as a result, ADC has no control over, input into, or responsibility for, the matters contained in the Consultation Report. User further acknowledges and agrees that the Consultation Report states a mere opinion and that User and User’s attending/treating physician are free to disregard the Consultation Report in their sole and absolute discretion.

h - User specifically understands and agrees that User forever discharges ADC, its medical director and Physicians from any and all liability or claims that User may have with respect to any bodily injury, personal injury, illness, death, or damage that may result, directly or indirectly, from the services provided by ADC. User also understands that ADC and Physicians do not assume any responsibility for or obligation to provide any other service to User, including but not limited to health or disability insurance in the event of injury or illness.

B - MEDICAL RECORDS DIGITALIZATION AND STORAGE

ADC also offers a service of digitalization and storage of User's medical records.

User will have the opportunity to upload, store and access User health records and information, including copies of documents, records, images, and information submitted by User (“User Data”). ADC will electronically digitalize, store and maintain User Data on a secure database. Electronic storage allows the immediate viewing of User Data by User or User-authorized health care providers.

User is responsible for uploading User’s Records to the Site. ADC will not be responsible for returning any original or other documents comprising User’s Records provided to ADC. To the extent permitted by law, any documents or images User submits or cause to be submitted on User’s behalf to ADC shall become ADC property and will not be returned to User. ADC assume no responsibility for the quality of X-rays or other personal medical images archived on the Site or for medical decisions which are based on User’s Records, including any images or reports. The documents User submits or cause to be submitted to ADC may be destroyed at ADC’s discretion.

User grants ADC, its employees, officers, directors, agents, and contractors, and all other persons or entities involved in the operation of this ADC Site, the right to access, transmit, receive, monitor, retrieve, store, maintain, and use User Data and any other information User provides in connection with the establishment and maintenance of User’s ADC account to provide the Consultation services and the medical records digitalization and storage services (collectively “Services”) and to operate the ADC Site, including but not limited to, converting documents received on User behalf to an electronic format.

User is solely responsible for the accuracy and completeness of any documents or data User submits to ADC. User is also responsible for reviewing User’s Data from time to time to ensure it is correct.

DISCLOSURE OF PROTECTED HEALTH INFORMATION

ADC shall not be obligated to retain, maintain, deliver or allow access to User’s Records upon the termination of User’s subscription. Accordingly, if User terminates or fail to renew User subscription with ADC, ADC right to access ADC Records will terminate. ADC will not disclose, transfer, and/or cause to be disclosed or transferred to a third party any of User’s Records without User’s prior written consent or authorization, or as otherwise required by law.

User is solely responsible for the accuracy and integrity of any data, reports, and health information User submits to ADC for storage under this Agreement. ADC does not assume any responsibility or liability for any information submitted to ADC or the use or misuse, by User or any third party, of any information transmitted or received using this Site for the storage and transmission of User’s Records.

User grants ADC and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store and use User’s information in connection with the operation of the Site the right to transmit, monitor, retrieve, store and use User’s information in connection with the operation of the Records Storage Service. Any information User submits to ADC will be transmitted using encryption technology. However, ADC cannot and will not guarantee that: (a) the information, during its transmission, will be protected against loss, misuse or alteration by third parties; or, (b) access to User’s account and any information or data User submits to ADC will be uninterrupted; or, (c) any encryption technology used by ADC will not be breached.

MONITORING OF SITE

ADC reserves the right to monitor any and all use of this Site. ADC is under no obligation to do so and assume no responsibility or liability arising from ADC doing so or omission to do so. ADC may monitor User’s use of this Site to evaluate the quality of service User receives, User’s compliance with these Terms and Conditions, the security of this Site, or for other lawful reasons. User agrees that User will not be entitled to any cause of action or other right with respect to ADC concerning such monitoring activities.

COMPENSATION TO ADC

User shall pay to ADC the annual subscription fees described in this ADC Site for the particular service(s) the User wishes to purchase. The compensation payable to ADC shall be due upon registration, and shall be non-refundable to User. Notwithstanding, the User shall have the right to cancel the subscription subject to certain cancellation fee charges (see below).

TERM AND TERMINATION

The initial term of these Terms and Conditions shall be one (1) year commencing from the Effective Date. The Effective Date is the date on which User subscribes to the Services.

Beyond the initial term, User’s subscription may be renewed for successive one (1) year periods.

User may terminate User’s subscription after the initial term upon thirty (30) days written notice to ADC. In the event of such termination, User shall not be entitled to any refund of amounts paid to ADC.

CANCELLATION POLICY

SUBSCRIPTIONS AND MEMBERSHIPS ARE SUBJECT TO CANCELLATION PENALTIES AND ARE NON-TRANSFERABLE/NON-CHANGEABLE. If you need to cancel a membership, it must be done on this Website. Any refund due from your cancellation will be credited to the credit card used for the subscription of membership, less the appropriate cancellation fees above. Users will be asked to agree to this cancellation policy before you can proceed with the subscription of the membership.

For PHR Individual Plans - If you cancel within 30 days of your free trial expiration, you will be charged a cancellation fee of $29.99.

For PHR Family Plans - If you cancel within 30 days of your one (1) year membership, your fee is nonrefundable. After 30 days you will be charged a cancellation fee of 29.99.

For PHR and SMO Individual Plans - If you cancel within the first 30 days of your one (1) year membership, your fee is non-refundable. After 30 days, you will be charged a cancellation fee of $29.99.

For PHR and SMO Family Plans - If you cancel within the first 30 days of your one (1) year membership, your fee is non-refundable. After 30 days, you will be charged a cancellation fee of $29.99.

For all Activ Doctors Online memberships in which an Online Second Medical Opinion has been performed by ADC and the User cancels prior to the end of their one year membership, the User shall be to pay the full cost of the SMO service, a total of $995.00.

ADC may terminate this Agreement (i) if User commits a material breach of this terms and conditions and fails to remedy that breach within thirty (30) days of receipt of a written notice of such material breach, or (ii) if User fail to pay an invoice when due.

User may terminate this Agreement if ADC commits a material breach of this Agreement and fails to remedy that breach within thirty (30) days of receipt of written notice of material breach.

STATE-OF-THE-ART CONSULTATION SERVICES

ADC commits to provide state-of-the-art Consultation services. Toward this end, ADC shall contract with Physicians who are capable of providing these services.

CONFIDENTIALITY

Protecting the User’s personal medical information is very important. For this reason, medical confidentiality is the cornerstone of ADC. ADC shall consider any information, document or data that it may learn regarding a User pursuant to these Terms and Conditions confidential and shall not disclose such information. A limited number of ADC employees and agents, such as user service representatives, nurses, and other personnel may have limited access to User personal identifying information maintained on ADC systems, but all are required to keep such information strictly confidential and to use it only as necessary to perform their duties relating to the service that User has requested. ADC will NEVER share credit card numbers or other financial information with third parties.

ADC strives to make User’s personal information collection forms as user-friendly as possible so that User can make any updates or corrections as may be necessary from time to time. User acknowledges that User must add and update information to maintain such information current.

ADC has security measures and written policies and procedures in place in its physical facilities and in its computer systems, databases, and networks strictly to protect information contained within its systems from loss or misuse.

SECURITY

The digitalization of medical records includes encryption software. While ADC uses state-of-the-art security, no system can perfectly guard against risks of intentional intrusion or inadvertent disclosure of User Data. When using ADC Secure Online Services, information will be transmitted over a medium that is beyond the control of ADC. User hereby expressly assumes the sole risk of any unauthorized disclosure or intentional intrusion, or of any delay, failure, interruption or corruption of data or other information transmitted in connection with the use of the service. Once the information is received by ADC, User’s Data will be treated as confidential and given the same protection that all other ADC medical records are given.

The ADC website contains links to websites operated by other parties. The links are provided only for User’s convenience. ADC does not control such websites and is not responsible for the content and performance of these sites. The inclusion of links to other websites does not imply any endorsement of the material on the websites or any association with their operators. ADC does not operate, control or endorse any information, products or services provided by third parties through the internet. Use of other sites is strictly at the risk of User, including, but not limited to, any risks associated with destructive viruses. User is responsible for viewing and abiding by the Terms and Conditions and the privacy statements of the other websites.

INFORMATION ACCESS

During the term of the agreement created by these Terms and Conditions, and for a period of two years after the expiration of this agreement, User shall not hire, engage, or contract with any Physician or other individual with whom ADC has a business relationship to furnish Services.

USE OF ADC WEBSITE

User must provide accurate and complete registration information any time User registers to use ADC Website. User is responsible for the security of User passwords and for any use of User’s account. User use of ADC Website must comply with all applicable laws, regulations and ordinances, including any law regarding the export of data or software.

ADC is committed to protecting the privacy of children. User should be aware that this Site is not intended or designed to attract children or anyone under the age of 18. ADC does not knowingly collect personally identifiable information from any person who is a child under the age of 18. User affirms that User is 18 years of age or older or an emancipated minor and are fully able and competent to agree to these Terms and Conditions and to abide by and comply with them. If User is under 18 years of age, User is invited to exit the Site immediately.

USERS’ AGREEMENT, POSTINGS AND USER SUBMISSIONS

By registering to use ADC website, the User will create a personal profile account and may have access to the posting feature. By posting any comments or other material on ADC website (each, a “Posting”), User gives ADC the irrevocable right to reproduce, distribute, publish, display, edit, modify, create derivative works from, and otherwise use Users’ Posting for any purpose, in any form, and on any media without consideration. By submitting communications or content to the public areas, Users agrees that such Posting is non-confidential for all purposes.

User also agrees that:

• User will maintain the security of all User identification, password and other confidential information relating to the use of Users’ account.
• User will not copy, modify, or display or download ADC’s name, trademarks, or logo or any text, copyrighted works, graphic images, or other proprietary content from the Site.
• User will not upload or transmit any communications or content of any type that infringes upon or violates any rights of any party.
• User will not redeliver any of the pages, text, images, or other content of ADC website using “linking,” “deep linking,” or “framing” technology.
• User will not create a link from a website to any page of ADC website unless the user or the operator of the other website has executed ADC’s then-standard agreement for the granting of permission to establish such a link.
• User will not include any ADC mark, the name of any of ADC personnel, or any variation of any of the foregoing as a metatag, hidden textual element, or any other indicator that may create a false or misleading impression of affiliation, sponsorship, or endorsement between any user and/or website and ADC.
• User will not use devices (including software) that are designed to provide repeated automated access to ADC website other than those made generally available by ADC, or probe, scan, or test the vulnerability of any system or network related in any way to this Site.
• User will not use ADC website or its Services for any purpose in violation of local, state, federal or international laws.
• User will not ADC website or its Services as a means to distribute advertising or other unsolicited material to any third party.
• User will not post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by ADC in ADC sole discretion.
• User will not impersonate another person or create any false account information or health record for User or any other person.
• User will not post advertisements or solicitations of business.
• User will not post chain letters or pyramid schemes.
• User will not allow any other person or entity to use User identification for posting or viewing comments.
• User will not post the same note more than once or post "spam" or use ADC website to create any nuisance.
• User will not hold ADC or any of ADC affiliates, successors, assigns or licensees, together with any of their respective officers, directors and employees, liable for damages including (but not limited to) loss of wages, revenue or business because of any services related to or provided by this Site.
• User will not submit any media that contains User personally identifiable information (such as User’s name, phone number, email address or website URL) or that of anyone else except as otherwise requested by ADC as otherwise permitted in accordance with this Agreement.
• User will not upload any media on ADC website without the express, written permission from all persons appearing in User’s media for User to upload such media and grant the rights described herein.
• User will not upload any media on ADC website without the express, written permission from all persons appearing in User’s media for User to upload such media and grant the rights described herein.
• User will not upload any media that contains software viruses or any other computer code, files or programs designated to interrupt, destroy or limit the functionality of any computer software or this Site.
• User agrees to comply with all User responsibilities and obligations as stated in these Terms and Conditions.

ADC reserves the right, but is not obligated, to: remove communications that are abusive, illegal or disruptive, or that otherwise fail to conform to these Terms and Conditions; terminate User’s access to the Site or any feature on the Site upon any breach of these Terms and Conditions; and edit or delete any communications posted on the Site, regardless of whether such communications violate these standards.

By uploading any media to a public area of the Site, including, but not limited to, a photo or video, (a) User grants ADC a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media in any format now existing or created in the future; (b) User certifies that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes ADC to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media in any format now existing or created in the future; and (c) User agrees that User will indemnify ADC against any damages, losses, liabilities, judgments, costs or expenses (including actual attorneys’ fees and costs) arising out of a claim by a third party relating to any media User has posted.

While ADC welcomes User’s feedback on the Site, ADC must make the final decisions about the content that is posted on the Site to make sure it conforms to ADC objectives and to the objectives ADC identifies for ADC Users. If User is dissatisfied with the Site, User only remedy is to stop using the Site. ADC follows a standard set of editorial procedures for information that ADC put on the Site.

When deciding to take advice on the Site and/or hire any professional based on information on the Site, User should do User’s own independent research as to the accuracy of the credentials expressed in the content, provided in the professional’s public profile, or existing as part of any other material found on the Site or the Services.

INDEMNITY

User agrees that User is solely responsible for anything User posts on the Site and that User will defend, indemnify, and hold ADC, its officers, directors, affiliates, employees, agents, licensors, and suppliers, harmless from and against any claims, actions, demands, liabilities, and settlements including, without limitation, actual legal and accounting fees resulting from, or alleged to result from, User’s violation of these Terms and Conditions or any claims based upon User Postings on the Site or use of the Services.

USER ACCOUNT, PASSWORD, AND SECURITY

User will establish a user name and password upon completing the registration process. User is responsible for maintaining the confidentiality of the Access Code and is fully responsible for all activities that occur under User’s Access Code. User is responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to User’s Access Code. It is User’s sole responsibility to control the dissemination of User’s Access Code, to authorize, monitor, and control access to and use of User’s Records, account, and Access Code, and to promptly inform ADC of any need to deactivate or reset an Access Code.

User agrees to (a) immediately notify ADC of any unauthorized use of User’s Access Code, password, or account information or any other breach of security; and, (b) ensure that User exit from User account at the end of each session. ADC shall not be liable for any loss or damage arising from User failure to comply with these Terms and Conditions.

COLLECTION OF PERSONAL INFORMATION AND CONFIDENTIALITY

ADC collects personal information that User chooses to share with ADC when User registers with the Site. This information may include User’s e-mail address, User’s health interests and User’s answers to questions about User’s health status. ADC uses this information to tailor ADC’s Services to User and this information is saved to ADC’s database, enabling User to use the personalized features of the Site on a recurring basis. This saved information is collected only with Users permission and may be updated or deleted by User at any time. If User chooses to not provide the information required for registration, User may not register with the Site and User will not be able to personalize the Site.

HEADINGS

The headings to the sections this Agreement shall not affect the construction or interpretation of this Agreement.

ASSIGNMENT

User agrees that these Terms and Conditions and all incorporated agreements between ADC and User may be assigned by ADC, in its sole discretion.

WAIVER AND SEVERABILITY OF TERMS

The failure of ADC to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any of the provisions of this Agreement are held to be unenforceable by a court or other tribunal of competent jurisdiction, then such provisions shall be limited or eliminated to the minimum extent necessary and this Agreement shall otherwise remain in full force and effect.

NO RIGHT OF SURVIVORSHIP AND NON-TRANSFERABILITY

User agrees that User’s ADC account is non-transferable by User and any rights to User’s Access Code or contents within User’s account terminate upon User’s death. Upon receipt of a copy of a death certificate, User’s account may be terminated and all contents therein permanently deleted.

PROPRIETARY RIGHTS

User acknowledges and agrees that the Site and any necessary software used in connection with the Site (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Title to the Site and the Software remains with ADC or the respective owner, and all rights not expressly granted herein are reserved to ADC. User further acknowledge and agree that any content contained in sponsor advertisements or information presented to User through the Site is protected by copyrights, trademarks, service marks, patents or other intellectual property rights and laws and that all computer systems, procedures, and databases created, operated, maintained or accessed by ADC in connection with the Site contain proprietary and confidential information of substantial economic value to ADC. This information includes operations, systems, products, business relationships, marketing approaches, software, hardware, codes, trade secrets, information technology, information systems, plans and projections, as well as concepts and ideas. Any unauthorized use, misuse, or disclosure of such information is strictly prohibited and may result in civil liabilities and criminal penalties under applicable law.

Except as expressly authorized by ADC or advertisers, as applicable, User agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part. User may download and reprint a single copy of the materials from the Site and/or the Services for User’s own personal, noncommercial use only, provided to User, include all applicable notices and disclaimers. User agrees not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Site. User agrees not to access the Site te into other program material, nor shall User otherwise creates or attempt to obtain the source code of the Software.

FOR INTERNATIONAL USERS

ADC makes no claim that the content on this Site may be viewed legally outside of the United States of America. Access to the Site may not be legal in certain countries. If User accesses this Site from outside the United States, User does so at User’s own risk and are responsible for compliance with the laws of User’s jurisdiction. User agrees to comply with all applicable laws regarding the transmission of technical data exported from the United States or imported into the country from which User is accessing the Site..

COMPLETE AGREEMENT

These Terms and Conditions, the Privacy Policy, the Membership Agreement, and all associated and incorporated agreements (collectively the “Agreements”) which together set forth the relationship between User and ADC are intended to be read concurrently. The Agreements constitute the entire agreement between User and ADC with respect to the use of the Site and its Services.

USER AND ADC

Electronic acceptance via the Site, facsimile signatures, and electronic signatures will have the same legal effect as original signatures and are binding on the parties. If this Agreement is accepted electronically, User has agreed to be bound by all of the terms and conditions of this Agreement. User’s relationship with ADC is one of independent parties to a contractual relationship and should not be construed to create a joint venture, partnership, or other affiliation.

THIRD PARTIES

The ADC website is hosted by third parties independent of ADC. Those persons are solely responsible for their performance, conduct, actions and omissions. Furthermore, some of the material on the ADC site is provided by third parties independent of ADC and ADC shall not be held responsible for any such third-party material. ADC disclaims any responsibility for or liability related to such third party material. Any question, complaint or claim related to any product should be directed to the appropriate third party.

MODIFICATIONS

ADC reserves the right to make changes, modifications and alterations to the ADC website and the content without notification to Users who are registered users. As a registered user, User will accept the obligation to periodically review whether or not these Terms and Conditions have changed. Once User continues to use ADC services, it shall be deemed an acceptance and User agrees to be bound by any such changes.

APPLICABLE LAW / DISPUTES

By using ADC Services, User agrees that the laws of the State of Florida, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute that might arise between User and ADC, its Physicians, staff or other affiliates. User expressly agrees that exclusive jurisdiction for any dispute with ADC, its affiliates, employees, subsidiaries, contractors, officers and directors, resides in the courts of Miami, Florida and also agrees and expressly consents to the exercise of personal jurisdiction in the courts of Miami, Florida in connection with any claim involving ADC, its affiliates, employees and subsidiaries.

COPYRIGHT AND TRADEMARKS

All content included on the ADC website, including, but not limited to, text, photographs, graphics, button icons, images, artwork, names, logos, trademarks, service marks and data (“the Content”), in any form including the compilation thereof, are protected by U.S. and international copyright law and conventions. The Content includes both Content owned or controlled by ADC and Content owned or controlled by third parties and licensed to ADC. Except as set forth below, direct or indirect reproduction of the Content, in whole or in part, by any means, is prohibited without the express written consent of ADC.

DISCLAIMERS AND LIMITATIONS

By using ADC Services, User agrees to abide by these Terms and Conditions and those additional terms and conditions posted on the ADC website from time to time.

User agrees that the following disclaimers form an essential part of the Terms and Conditions.

User agrees that ADC’s liability pursuant to these Terms and Conditions shall not under any circumstances, and regardless of whether the liability arises out of contract or tort, exceed the amount of the most recent subscription fee User has paid to ADC.

The service provided by ADC through the review of User’s Records is different from the diagnostic services typically provided by a physician during a face-to-face visit. Providing this service will not have the benefit of information that could be obtained by examining User in person and observing User’s physical condition. ADC requires User to share the second opinion with User’s attending physician. User should always consult with User’s physician or other appropriate health care professionals before making any changes in diet, physical activity and/or drug therapy.

By requesting a Consultation Service, User acknowledges and agrees that:

• The opinion that User will receive is limited;
• The opinion is not intended to replace a full medical evaluation or face-to-face visit with a physician;
• The Physician may not have important information that is usually obtained through a physical examination;
• The User will communicate with his or her physician after receiving the opinion;
• The absence of physical examination may affect the Physician’s ability to give a complete opinion on User’s condition, disease or injury.

Nothing contained in ADC website is or should be considered, or used as a substitute for, diagnosis or treatment, nor prescription.

ADC website may contain health or medically related materials that are sexually explicit. If User finds these materials offensive, User may not want to use ADC Site. The Services provided on this Site are here to educate consumers on health care and medical issues that may affect their daily lives. This Site and its Services are not intended to be used to:

• Treat a medical emergency or acute medical condition;
• Provide a final diagnosis or initiate a treatment plan;
• Resolve medical issues.

ADC website may contain descriptions of treatment modalities. These descriptions of treatment modalities are designed as standard generic information and should not be relied upon by any person as a treatment plan designed to cover any particular individual’s symptoms or conditions. The descriptions of treatment modalities are strictly for informational purposes and should not be considered medical prescription.

ADC website may contain information on prescription drugs. Such information is not intended to satisfy any government regulations requiring disclosure of information on prescription drug products. User should take prescription drugs only when prescribed by User’s physician or health care provider and only in accordance with their instructions. The Site may contain information on over-the-counter medications, dietary supplements, and foods. Such information is not intended to satisfy any government regulations requiring disclosure of information on such regulated products. User should consult with User’s physician or health care provider before taking over-the-counter medications and with regard to any questions regarding dietary supplements and special diets in connection with the treatment of a medical condition.

By engaging ADC’s Services, User acknowledges and agrees to assume the risk of these limitations.

User further understands that no warranty or guarantee has been made to User concerning any particular result or cure of User’s condition.

ADC makes no warranty or guarantee that ADC website will be uninterrupted, timely secure or error free.

ADC also do not warrant or guarantee that medical records hosted on ADC website will be free of infections or viruses, worms, trojan horses or other code that contains contaminating or destructive properties.

User agrees that ADC does not constitute a service that targets any one community, user group, business or industry.

User assumes total responsibility and risk for the use of the information provided by ADC. The advice is provided on an “as is” and “as available” basis. Neither ADC nor any of its officers, members, employees, agents, contractors or Physician makes any express or implied warranties, representations or endorsements whatsoever with regard to any information or service provided through the ADC website or through the internet generally; and under no circumstances will ADC or any of its officers, members, employees, agents, contractors or Physicians be liable for any direct, indirect, incidental, special, punitive or consequential damages that result in any way from the use of or the inability to use the services or any parts thereof, or the reliance on or use of information, or services provided, or that result from mistakes, omissions, interruptions, deletion or any failure or performance.

Neither ADC nor its affiliates warrants that the services will be uninterrupted or error free or that any information, software or other material accessible on this site is free of viruses of other harmful components.

ADC and its affiliates, cannot and do not guarantee or warrant against errors, omissions, delays, interruptions or losses, including loss of data. User is responsible for maintaining a means external to ADC for the reconstruction of any lost data.

ADC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or its Services, or any part thereof, with or without notice.

WARRANTIES AND LIMITATION OF LIABILITY

ADC does not make any express or implied warranties, representations or endorsements of any kind whatsoever (including, without limitation, warranties of title or noninfringement, or any warranties of merchantability or fitness for a particular purpose) with regard to the services, or with respect to any information, product, service, merchandise or other material provided on or through the site. We do not warrant or guarantee the accuracy, completeness, correctness, timeliness or usefulness of any information, products, services, merchandise or other material provided through the services or on the site generally. ADC makes no warranty or guarantee that the services will be uninterrupted, timely, secure or error-free. The user (and not ADC) assumes the entire cost of all servicing, repair, or correction that may be necessary for the user’s computer equipment and software as a result of any unauthorized code, errors or other problems the user may have as a result of accessing the site.

Certain links in the site may link the user to other sites. The linked sites are not under the control of ADC and ADC is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. ADC is not responsible for webcasting or any other form of transmission received from any linked site. ADC is providing these links to the user only as a convenience, and the inclusion of any link does not imply a referral by ADC to, an endorsement or sponsorship by ADC of, or affiliation by ADC with, the linked site, its services, its owner, operator, sponsoring organization or internet provider. This site may contain advertisements by third parties and the site may receive royalties from such advertisers.

ADC is not liable to any user or any third party for any decision made or action taken by any user or anyone else based on information contained on the site or provided through the services, or due to reliance upon information contained on the site or provided through the services.

To the fullest extent permitted by law any claims arising in connection with user use of the site and any of its content must be brought within one (1) year of the date the event giving rise to such action occurred.

LIMITATION OF LIABILITY

User expressly understands and agrees that ADC shall not be liable to User for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for injury, illness, disability, loss of profits, goodwill, use, data or other intangible losses (even if ADC has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the site or the services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions ADC exceed the total amount of fees previously paid by User to ADC.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to User.

CONTACT ADC

If User has any questions or concerns, User may contact ADC User Service department as indicated below. ADC will attempt to respond to User’s questions or concerns promptly.

ACTIV DOCTORS CONSULT LLC.
250 Catalonia Avenue, Suite 804, Coral Gables, FL 33134

Tel: 305-913-7534

E-mail: admin@activdoctors.com