MedHelp Policies

These Terms of Use are effective as of March 12, 2019.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE, THEY MAY HAVE CHANGED SINCE YOUR LAST VISIT.

Vitals Consumer Services, LLC, together with our related, affiliated and/or subsidiary companies (“VCS,” “Med Help”, “We,” “Us,” or “Our”) welcomes you (“You”). We invite You to access and use Our products and services (collectively, the “Products and Services”), which are made available to You through medhelp.org (the “Website”).

WE DO NOT PROVIDE MEDICAL ADVICE.
IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

SECTION 21 BELOW HAS A MANDATORY ARBITRATION CLAUSE WITH A CLASS ACTION WAIVER. PLEASE READ IT. PLEASE READ THESE TERMS OF USE CAREFULLY. BY CLICKING ON “I AGREE,” OR BY BROWSING, ACCESSING AND/OR USING OUR WEBSITE YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY, WHICH IS HEREBY INCORPORATED BY REFERENCE (COLLECTIVELY, THIS “AGREEMENT”) AND YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 13 YEARS OLD OR OLDER. IF YOU ARE UNDER AGE 18 BUT ABOVE 13 YOU ARE PERMITTED TO USE THE WEBSITE, PROVIDED YOU DO SO WITH THE CONSENT OF A PARENT OR LEGAL GUARDIAN WHO ACCEPTS THE TERMS OF USE ON YOUR BEHALF. IF YOU ARE ACCEPTING THESE TERMS OF USE OF BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE TO ANY OF THESE TERMS, THEN YOU ARE NOT PERMITTED TO USE THE WEBSITE.

The contents of Our Website such as text, graphics, images, information, photographs, audio, video, User Generated Content (as defined below) and information obtained from Our medical partners, sponsors, user community, advertisers, licensors (collectively “Content”), and the Products and Services, are provided for informational purposes only, and are not intended as a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of Your physician or other qualified healthcare provider for answers to any questions You may have regarding a medical or health related condition. The Website, the Products and Services, or the Content is not intended to be relied upon for medical diagnosis or treatment. Never disregard medical advice or delay in seeking it because of something You have read on Our Website. Reliance on the Products and Services, the Website, the Content, and any information provided by Our employees, others appearing on the Website at Our invitation or provided by other visitors to or users of the Website is solely at Your own risk. The opinions expressed on this Website are those of Our users and not Ours. We do not recommend or endorse any specific tests, products, procedures, opinions or other information that may be mentioned on the Website.

Through the Website, We offer information in a summary fashion which is intended to be used for educational and entertainment purposes only. The information appearing is derived from a variety of sources, including medical personnel, sponsors, Our user community, advertisers, and licensors. The Website features interactive tools, journals, personal pages, message boards and other public forums (“Public Areas”) where users with similar interests or medical conditions can share information and support one another or where users can post questions for others to answer. By using the Website, including the Public Areas, You acknowledge and agree that the information contained therein, including responses from medical professionals, is intended solely for general educational purposes. The information contained on the Website, including the Public Areas, is not intended nor implied to be a substitute for professional medical advice relative to Your specific medical condition. We do not guarantee monitoring or authentication of the information contained on the Website or the Public Areas for accuracy, safety, or reliability. Always seek the advice of Your physician or other qualified health provider for any questions You may have regarding Your medical condition, or prior to starting any new treatment.

This Website is currently provided to You for free. However, We reserve the right to begin charging fees for certain services at any time upon notice to You and provided you elect to use such services.

We reserve the right, at Our sole discretion, to change, alter, amend or otherwise modify this Agreement from time to time. We will post any changes on this page (with the effective date of the update near the top of this page). We encourage You to check back and review this Agreement for any updates or modifications. After any such modification becomes effective, We will deem Your continued use of Our Website to constitute Your acceptance of and agreement to such modification.

Subject to the terms and conditions of this Agreement, We authorize you to view or download a single copy of the contents of the Website, including without limitation the files, documents, text, photographs, images, audio, video and User Generated Content (as defined below) and any materials accessed through or made available for use or download through this Website (collectively “Content”) solely for Your personal, noncommercial use if you do not remove the copyright and other proprietary rights notices which are contained in the Content or User Generated Content.

Except as expressly permitted by Us in this Agreement or otherwise in writing, You will not directly or indirectly copy, reproduce, modify, adapt, translate, distribute, transmit, download, upload, post, sell, rent, license, transfer, publicly perform, publicly display, mirror, frame, scrape, extract, wrap, create derivative works of, reverse engineer, decompile or disassemble any aspect of the Website or any of the Content, in whole or in part, in any form or by any means, whether manual or automatic. Further, You may not directly or indirectly use any metatags, meta elements, “hidden text” or other equivalents using the names "Medhelp", “VCS”, “Vitals Consumer Services” or any other colorable equivalent without the prior written authorization of VCS. You cannot use any aspect of the Website or the Content for commercial purposes or to establish independent data files or in violation of any applicable laws and regulations.

If You violate any of these Terms of Use, Your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

If You believe any materials accessible on or from this Website infringe Your copyright, You may request removal of those materials (or access thereto) from this Website by contacting Our copyright agent (identified below) and providing the following information:

1. Identification of the copyrighted work that You believe to be infringed.
2. Identification of the material that You believe to be infringing and its location. Please describe the material, and provide Us with its URL or any other pertinent information that will allow Us to locate the material. Your name, address, telephone number and (if available) e-mail address.
3. A statement that You have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
4. A statement that the information that You have supplied is accurate, and indicating that "under penalty of perjury," You are the copyright owner or are authorized to act on the copyright owner’s behalf.
5. A signature or the electronic equivalent from the copyright holder or authorized representative. Our agent for copyright issues relating to this website is the contact indicated at the end of these Terms of Use.

If notified of an allegation that the Website contains infringing information, materials or other content, VCS may investigate the allegation and determine in VCS’s sole discretion whether to remove or request the removal of the same from the Website and from any other media or server where the infringing content may be stored or displayed by VCS. Notices to VCS regarding any alleged copyright infringement should be sent to MedHelp c/o WebMD LLC, Office of Privacy, 1201 Peachtree Street NE, 400 Colony Square, Suite 2100, Atlanta, GA 30361 or to [email protected].

In an effort to protect the rights of copyright owners, We maintain a policy for the termination, in appropriate circumstances, of subscribers and account holders of this Website who are repeat infringers.

You represent and warrant to Med Help that you have the legal right and authorization to provide all information to Med Help for the purposes and Med Help’s use as set forth herein. You acknowledge and agree that by submitting, uploading or posting any comments, ideas, suggestions, information, files, videos, improvements, ideas, graphics, feedback, edits, concepts, comments, illustrations, images or other materials to Us or Our Website (“User Generated Content”), (other than information given in connection with registration) to VCS through the Website, You automatically grant, or, if You do not own the User Generated Content, warrant that the owner or licensor of such content has expressly granted: (i) Us a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, modify, delete in its entirety, adapt, publish, translate, and/or sell and/or distribute such User Generated Content and/or incorporate such User Generated Content into any form, medium or technology throughout the world now known or hereinafter developed. and publicly display and perform the User Generated Content throughout the world in any media, now known or hereafter created, without attribution, and (ii) VCS the right to take legal action against any person or entity that violates Your and/or VCS’s rights in Your User Generated Content. You forever waive any and all of Your rights, including but not limited to moral rights, if any, in and to Your User Generated Content, including, without limitation, any all rights or requirements of attribution or identification of You as the author of the User Generated Content or any derivative thereof. You further acknowledge and agree that Your User Generated Content is submitted by You without any restrictions or expectations of confidentiality (except as set forth in Our Privacy Policy) and does not contain proprietary information. You understand We may sublicense its rights through multiple tiers of sublicenses. Med Help is and shall be under no obligation (a) to pay to you any compensation for any User Generated Content; or (b) to respond to any User Generated Content. You grant Med Help the right to use the name that you submit in connection with any User Generated Content.

Except as otherwise set forth in this Agreement, VCS will be entitled to use the User Generated Content for any commercial or other purpose whatsoever without compensation to You or any other person. We have no obligation to retain or provide You with copies of Your User Generated Content.

Your User Generated Content, including personally identifiable information contained therein, are made voluntarily and are subject to the Privacy Policy. You may expose yourself to liability by creating User Generated Content if for example Your User Generated Content is false, intentionally misleading, defamatory, or violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, contains material that is unlawful, including illegal hate speech and pornography, exploits or otherwise harms minors, or violates or advocates the violation of any law or regulation. You are and shall remain solely responsible for the content of any User Generated Content you make. Med Help and its affiliates take no responsibility and assume no liability for any User Generated Content submitted by you or any third party. You agree to defend (at the VCS Parties’ (as defined below) option and at Your sole expense), indemnify, and hold the VCS Parties harmless from any damages, losses, costs, or expenses, including reasonable attorneys’ fees, which any VCS Party may incur as a result of Your User Generated Content.

Public Areas, which includes all areas of the Website where users may post content, are for the exchange of information and support ONLY. You should not include personally identifiable information (such as full name, address, or other information that would allow others to identify you or someone else) in any of your posts. In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms of Use:

1. Posting questions or comments by persons under 13 years of age.
2. Posting User Generated Content that is not true or accurate, or is not Your original work of authorship.
3. Using a Public Area for any purpose in violation of local, state, federal, or international laws.
4. Posting or linking to material that infringes on the copyrights or other intellectual property rights of others or on the privacy or publicity rights of others.
5. Posting or linking to material that is unlawful, obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Us in Our sole discretion.
6. Posting or linking to advertisements or solicitations of business.
7. Posting or linking to chain letters or pyramid schemes.
8. Impersonating another person or entity.
9. Misleading as to the origin of any User Generated Content.
10. Registering under more than one name and/or e-mail address.
11. Distributing viruses or other harmful computer code.
12. Harvesting or otherwise collecting information about others, including email addresses, without their consent.
13. Allowing any other person or entity to use Your identification for posting or viewing comments.
14. Posting the same note more than once, posting excessively or "spamming".
15. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Website, or which, in Our judgment exposes Us or any of Our customers, sponsors, partners or suppliers to any liability or detriment of any type.
16. Posting questions or comments or any material that in any manner infringe or interfere with the rights of others, including but not limited to the use of names, information, or materials that (i) libel, defame, disparage or invade the privacy of any third party, (ii) are obscene or pornographic, (iii) are harmful, threatening, offensive, abusive, harassing, vulgar, false or inaccurate, racially, sexually, ethnically or are otherwise objectionable or otherwise contrary to the laws of any place where such User Generated Content may be accessed, (iv) constitute personal attacks on other individuals, (v) infringe the intellectual property, trade secret or proprietary rights of any third party, (vi) promote criminal or other illegal activity, (vii) promote or advertise any person, product or service or solicit funds, (viii) are deemed confidential by any contract or policy, or (ix) promote violence, firearms, ammunition, or weapons.
17. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form). If you are a healthcare provider: misrepresenting licensure, accreditation, specialty or any other healthcare provider credential or information.
18. If you are a healthcare provider: attempting to provide any form of diagnosis, treatment or any other service, supply or product to a patient in any Public Area or Forum and, without express written permission of Med Help, in any private area of the Website.
19. If you are a healthcare provider: disclosing in any part of the Website any identifiable information, alone or in combination, about a former or current patient or client.

You agree not to contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication.

VCS does not regularly review posted User Generated Content, but does reserve the right (but not the obligation) to monitor and edit or remove any User Generated Content submitted to the Website. VCS retains the right to review and delete or remove from public view on the Website and delete from any other media or server where Your User Generated Content may be stored or displayed by or on behalf of VCS, any User Generated Content, which VCS in its sole discretion considers illegal, offensive, obscene, abusive, harassing, commercial in nature, infringing, inappropriate or otherwise violates the terms and conditions of this Agreement.

You should never post Your full name(s), e-mail addresses, telephone numbers or any other confidential or personally identifiable information of yourself or any person(s) or entities in a Public Area. If you disregard this warning and post personal or confidential information (yours or others) on the Website, which you later want removed, there is a fee of up to $25 to remove each posting. You must submit Your removal request in writing, including the URL(s) you want removed. Also you must include Your User ID and Password along with a U.S. check or money order for up to $25 for each URL you wish to have removed to the contact indicated at the end of these Terms of Use.

Once the complete URL removal request is received in writing, We will make every reasonable effort to remove the posting in a timely manner.

Access to certain areas of the Website, the Content and the Products and Services are limited by a user identifier (“User ID”) and password, which are selected and/or supplied by You as part of registering for an account via the Website (“Your Account”). By registering for an account, You represent, warrant and agree that: (i) You are at least 18 years of age, or if You are under age 18 but above 13, You are creating an account with the consent of a parent or legal guardian (ii) You are using Your actual identity, (iii) You have provided only true, accurate, current and complete information about You during the registration process, and (iv) You will maintain and promptly update the information that You provide to keep it true, accurate, current and complete.

Your Account is for Your personal, non-commercial use only. You may not impersonate someone else. By logging onto Your Account using a password, You represent, warrant and agree that You are authorized to use such password and to engage in the activities that You conduct thereunder. You further agree that You will be solely responsible for the maintenance and security of Your User ID and password. You also agree that You will be solely responsible for any activities conducted on or through Your Account regardless of whether or not You are the individual who undertakes such activities. This includes any unauthorized access and/or use of Your Account. You will inform Us of any need to deactivate Your password or change Your registration, as soon as possible. Accordingly, You release and hold harmless VCS Parties from any and all claims and causes of action arising out of or resulting from a third party’s unauthorized use of Your Account. Your User ID and password are unique to You, and You agree not to disclose or share Your User ID and password to or with any third party.

You are prohibited from violating or attempting to violate the security of the Website, including, without limitation: (1) accessing data not intended for You or logging onto a server or an account You are not authorized to access; (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (3) accessing or using the Website or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law. Violations of system or network security may result in civil or criminal liability. Med Help will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website.

VCS reserves the right to deny or revoke Your access to the Website, Your Account, or any part thereof, or delete or change Your Account password at any time in its sole discretion, with or without cause. Your access to the Website will terminate upon the termination of this Agreement for any reason at the sole discretion of VCS. If You wish to cancel Your Account password, or if You become aware of any loss, theft or unauthorized use of Your Account password, please notify VCS immediately by sending an e-mail to [email protected] or writing to MedHelp c/o WebMD LLC, Office of Privacy, 1201 Peachtree Street NE, 400 Colony Square, Suite 2100, Atlanta, GA 30361.

VCS reserves the right to view, monitor, and record activity on the Website without notice or permission to You. VCS may monitor or review any areas on the Website where Users transmit or post communications or communicate solely with each other, for the purpose of promoting its efficiency, usefulness, appropriateness of use and compliance with this Agreement. However, VCS has no obligation to monitor, moderate or review any or all User Generated Content, or every posting or communication, and VCS disclaims any liability related to the content of any such postings and communications, whether or not arising under the laws of copyright, trademarks, libel, defamation, privacy, obscenity, or otherwise.

VCS is not responsible for screening, policing, editing or monitoring the User Generated Content and other third party statements posted or displayed on the Website, including, without limitation, all third party advertising posted or displayed on the Website. While VCS, from time to time and in its discretion, may monitor the content of the User Generated Content and other third party communications posted or displayed on the Website, VCS does not endorse, support, sanction, encourage, verify, or necessarily agree with the User Generated Content and other comments, opinions, or statements posted on the Website by Users and other third parties. Any information or material placed on the Website by Users or other third parties, including advice and opinions, are solely the views and responsibility of those posting such information or material, and do not necessarily represent the views of VCS. VCS reserves all of its rights to discontinue in its sole discretion the Products and Services provided on the Website in general or to any User at any time.

Subject to the terms of the Privacy Policy, VCS may disclose to third parties any records, electronic communications, information, materials or other content of any kind (i) if VCS believes in good faith that the law or legal process requires it, (ii) if such disclosure is necessary or appropriate to operate the Website, or (iii) to protect VCS’s rights and property or the rights and property of VCS’s Users and business partners.

We reserve the right (but are not obligated) to do any or all of the following:

1. Record the dialogue in public chat rooms.
2. Investigate an allegation that a communication does not conform to these Terms of Use and determine in Our sole discretion to remove or request the removal of the communication.
3. Remove communications which We determine, in Our sole discretion, to be abusive, illegal, or disruptive, or that otherwise fail to conform to these Terms of Use.
4. Terminate a User's access to any or all Public Areas and/or the Website upon any breach of any of these Terms of Use.
5. Terminate a User's access to any or all Public Areas and/or the Website if the User’s registration information and/or e-mail address is no longer valid.
6. Monitor, edit, or disclose any communication in the Public Areas.
7. Edit or delete any communication posted on the Website, regardless of whether such communication violates these standards.

We reserve the right to take any other action We deem necessary to protect the personal safety of Our guests, visitors, or the public.

MEDICAL EMERGENCY: If You think You may have a medical emergency, call 911 or Your healthcare provider immediately.

IF YOU FEEL THREATENED: If You feel threatened or believe someone else is in danger, You should contact Your local law enforcement agency immediately.

ABUSE: In cases where You believe a person(s) has breached the terms and conditions of the Website, please contact Us immediately. Do not attempt to contact the person yourself and do not post derogatory comments in any public areas on the Website.

VCS recognizes the importance of protecting the privacy of Users and visitors to Our Website. The Privacy Policy is incorporated and made part of this Agreement. To view the most current version of the Privacy Policy, please visit the Privacy Policy page on the Website at http://www.medhelp.org/legal/privacy_policy. Any changes to the Privacy Policy will be communicated on the Privacy Policy page on the Website.

The Website contains Content including software, data, text, graphics, images, and other materials provided by or on behalf of VCS. All right, title and interest in and to the Content, including without limitation the graphical display and arrangement of the Website and the Content, and all intellectual property rights embodied therein, are the property of VCS or its licensors or suppliers, including any of the Content that may be stored or displayed by VCS on other media or servers. The Website and the Content contained and referenced therein are for informational purposes only. Any reproduction, retransmission or other use is strictly prohibited, except as otherwise provided by this Agreement or by VCS’s express authorization. Requests for permission to reproduce any of the Content may be made by sending an e-mail [email protected] or writing to MedHelp c/o WebMD LLC, Office of Privacy, 1201 Peachtree Street NE, 400 Colony Square, Suite 2100, Atlanta, GA 30361. All rights not expressly granted herein are reserved to Us and Our licensors, partners, sponsors, and/or suppliers. Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use this Website or any Content displayed on this Website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Use; or (b) with Our prior written permission.

“Med Help” and “Vitals Consumer Services” are all trademarks or service marks (individually and collectively, the “VCS Marks”) owned by Us. All other trademarks, service marks, domain names, logos, and company names (collectively “Other Marks”) displayed or referred to on the Website are trademarks, registered trademarks, service marks, domain names, logos, company names of or are otherwise the property of VCS or their respective owners.

Except as provided in this Agreement, VCS does not grant You any rights in or to the VCS Marks or the Other Marks. You agree that You shall not use the VCS Marks or the Other Marks in any manner inconsistent with the provisions of this Agreement, without the prior written authorization of Us or the respective owners of the Other Marks as the case may be. Requests to use the VCS Marks or other VCS Marks for purposes other than stated in this Agreement may be made by sending an e-mail to [email protected] or writing to MedHelp c/o WebMD LLC, Office of Privacy, 1201 Peachtree Street NE, 400 Colony Square, Suite 2100, Atlanta, GA 30361.

We own and will continue to own all right, title, and interest in and to (i) the Website, including, without limitation, all source code, object code, operating instructions, and interfaces developed for or relating to the Website; (ii) all modifications, enhancements, revisions, changes, copies, partial copies, translations, compilations, improvements, and derivative works of the foregoing, and all intellectual property rights therein; and (iii) any Content. Except as expressly permitted in this Agreement, You have no rights in or to any of the foregoing.

Without limiting anything else contained in this Agreement, You agree and acknowledge that:

1. The Content, User Generated Content, databases used to store the Content (“Databases”), User Generated Content, Products and Services and any other information contained therein are valuable intellectual property owned by or licensed to VCS, and that no proprietary rights therein are being transferred to You by this Agreement.
2. You will not, directly or indirectly:
   1. Use any of the Content, including User Generated Content, Databases and any other information contained therein for any purposes other than Your personal, non-commercial education and support,
   2. Use the Content, User Generated Content, Databases, Products and Services and any other information contained therein to compile mailing lists for commercial purposes,
   3. Use the Content, User Generated Content, Databases, Products and Services and any other information contained therein to establish independent data files or otherwise amass statistical information thereof or therefrom,
   4. Use the Content, User Generated Content, Databases, Products and Services and any other information contained therein in violation of any applicable laws or regulations,
   5. Publish or distribute in any medium Content, User Generated Content, Databases, any other information contained therein, and/or summaries or subsets thereof to any person or entity,
   6. Attempt to access or access any other User’s account,
   7. Attempt to obtain or ascertain or obtain or ascertain any other User’s user name, password and/or personal information by any means whatsoever,
   8. Attempt to elude or elude Med Help’s security systems,
   9. Attempt to gain access or gain access to the Website in an unauthorized or fraudulent manner,
   10. Attempt to manipulate the search results on the Website,
   11. Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, scrape, or index any portion of the Website or any Content,
   12. Take any action that imposes, or may impose, in VCS’s sole discretion, an unreasonable or disproportionately large load on Our technology infrastructure or otherwise make excessive traffic demands on the Website
   13. Remove, circumvent, disable, damage, or otherwise interfere with any security-related features of the Website, features that prevent or restrict the use or copying of the Content, or features that enforce limitations on the use of the Website,
   14. Use any tools or software to mask, hide or distort the internet protocol address from which You are accessing the Website,
   15. Use the Website for any purposes other than those intended by VCS, as determined by VCS in its sole discretion, or
   16. Upload or submit any data or information containing viruses or any computer code, corrupt files or programs engineered or intended to disrupt or destroy the functionality of any software, hardware, telecommunications, networks, servers, or other equipment.
3. You specifically acknowledge and agree that any and all misappropriation or misuse of the Content, User Generated Content, Databases, Products and Services and any other information contained therein will cause irreparable harm to VCS and that in such event money damages will not constitute sufficient compensation to VCS; consequently, in the event that You, directly or indirectly, misappropriate or misuse any of the Content, User Generated Content, Databases, Products and Services and/or any other information contained therein, You specifically consent to VCS obtaining injunctive relief against You in addition to any other legal or financial remedies to which VCS may be entitled.

VCS vigorously enforces its intellectual property rights to the fullest extent of the law. Accordingly, VCS will not hesitate to prosecute any unauthorized use or reproduction of any of the Content, User Generated Content, Databases, Products and Services and any other information contained therein that violate the protection afforded by the United States and international copyright law and trademark law, and/or other state, federal, and international laws and regulations, including laws pertaining to contracts, privacy and publicity.

Internet websites and mobile applications that are not owned, operated or controlled by VCS (“other websites and applications”) may link to or from Our Website. Such other websites and applications contain information created, published, maintained, or otherwise posted by third-parties not related to and otherwise independent of VCS and over which VCS has no control. VCS does not endorse, approve, certify, maintain, or control these other websites and applications and does not guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of information located at such addresses or on such applications. VCS provides the links only as a convenience. Use of any information obtained from such other websites and applications is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness as well as those other websites’ and applications’ respective terms of use and privacy policies. Once You leave the Website, Our terms and policies no longer govern, and therefore, You should review the terms and policies of the other websites and applications. Neither the inclusion of the link on the Website nor reference on the other websites and applications to any provider, product, process, or service by name, trade name, trademarks, service mark, manufacturer, or otherwise constitutes or implies endorsement, recommendation, or referral by VCS. You acknowledge and agree that VCS shall not be liable for any damages or injury resulting or arising from the content of or access to such other websites and applications. Moreover, any information that You provide to third-parties accessed through a link on Our Website are subject to the privacy policies of that third party, and not VCS.

VCS does not endorse the individuals, companies or other similar entities, or any products or materials associated with such individuals, companies or other similar entities, which provide a link to Our Website. Unless approved in writing in advance by VCS, You agree not to: (i) provide or create a link to Our Website, or (ii) create any frames at any other websites or mobile applications pertaining to any of the Content located on Our Website.

NONE OF VCS, ITS AFFILIATES, SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONTENT PROVIDERS, CUSTOMERS, SUPPLIERS OR ANY THIRD PARTIES MENTIONED ON THIS SITE (COLLECTIVELY, THE “VCS PARTIES”) ENDORSE ANY USER, PRODUCT, SERVICE, HEALTH CARE PROVIDER OR ANY SUBMISSION POSTED BY ANY USER OR ENTITY (INCLUDING, WITHOUT LIMITATION, ANY OPINION, RECOMMENDATION OR ADVICE EXPRESSED BY ANY USER OR A HEALTHCARE PROVIDER).

YOU AGREE THAT YOUR USE OF THE WEBSITE AND THE CONTENT IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE AND THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES OR IMPROVEMENTS THERETO AT ANY TIME WITHOUT NOTICE. THE WEBSITE, AND ALL CONTENT, FUNCTIONS, AND MATERIALS MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED “AS IS”, “WITH ALL FAULTS” AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESSED OR IMPLIED. VCS PARTIES DISCLAIM, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ALL WARRANTIES EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF THE WEBSITE, THE CONTENT, OR ANY PRODUCTS, SERVICES OR RESULTS OBTAINED ON OR THROUGH THE WEBSITE.

NONE OF THE VCS PARTIES MAKE ANY REPRESENTATION WITH RESPECT TO, OR GUARANTY OR ENDORSE THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF ANY INFORMATION, MATERIALS OR OTHER DATA PROVIDED BY ANY THIRD PARTY INFORMATION PROVIDERS.

THE VCS PARTIES DO NOT REPRESENT OR WARRANT THE AVAILABILITY OF OR YOUR ACCESS TO THE WEBSITE, THAT THE WEBSITE AND YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER OR CODE THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NONE OF THE VCS PARTIES WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE WEBSITE AND/OR THE CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, APPLICABILITY OR OTHERWISE. YOU (AND NOT VCS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.

NONE OF THE VCS PARTIES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT THE WEBSITE OR ANY OF THE CONTENT WILL ASSIST YOU FOR ANY PURPOSE. VCS PARTIES DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY WITH RESPECT TO ANY AGREEMENTS YOU MAY MAKE WITH OR PRODUCTS OR SERVICES YOU OBTAIN FROM THIRD PARTIES WHO OFFER PRODUCTS OR SERVICES ON OR THROUGH THE WEBSITE, AND YOU AGREE TO LOOK SOLELY TO SUCH HEALTHCARE PROVIDERS AND THIRD PARTIES WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF SUCH AGREEMENTS AND/OR SUCH PRODUCTS OR SERVICES.

YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE WEBSITE, THE CONTENT, THE PRODUCTS OR SERVICES, OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SAME. NONE OF THE VCS PARTIES WILL BE LIABLE FOR ANY DAMAGES OR INJURY FOR BREACH OF WARRANTY, BREACH OF CONTRACT, OR TORT (WHERE NEGLIGENCE IS THE STANDARD OF CULPABILITY) CAUSED BY YOUR USE OF THE WEBSITE, OR THE CONTENT OR THE PRODUCTS AND SERVICES MADE AVAILABLE TO YOU THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. NONE OF THE VCS PARTIES WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) THAT RESULT FROM THE USE OF, THE INABILITY TO USE, OR RELIANCE UPON, THE WEBSITE, AND THE CONTENT OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THE WEBSITE, EVEN IF A VCS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF THE VCS PARTIES TO YOU FOR DIRECT DAMAGES ARISING UNDER THIS AGREEMENT OR RELATING THERETO, EXCEED, ONE THOUSAND DOLLARS ($1000). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS THE VCS PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. THIS LIMITATION IS ENFORCEABLE IN NEW JERSEY.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE VCS PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, DAMAGES, INJURIES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND LITIGATION EXPENSES), RELATING TO OR ARISING FROM:

1. YOUR MISUSE OF THE WEBSITE AND ANY MISUSE OF THE CONTENT, OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THE WEBSITE;
2. ANY PRODUCTS OR SERVICES YOU OBTAIN FROM THIRD PARTIES BASED, IN WHOLE OR IN PART, ON THE CONTENT AND OTHER INFORMATION VIEWED OR OBTAINED ON, FROM OR THROUGH THE WEBSITE;
3. ANY BREACH BY YOU OF THIS AGREEMENT;
4. ANY USER GENERATED CONTENT YOU MAKE OR POST ON THE WEBSITE; AND
5. ANY INFRINGEMENT OF THIRD PARTIES’ INTELLECTUAL PROPERTY RIGHTS OR ANY OTHER NEGLIGENT, ILLEGAL OR WRONGFUL CONDUCT BY YOU OR ANY OTHER PERSON ACCESSING THE WEBSITE USING YOUR ACCOUNT, YOUR COMPUTER OR YOUR MOBILE DEVICE.

You absolve and release the VCS Parties from any claim of harm resulting from any cause(s) over which VCS Parties do not have control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.

This Agreement will take effect at the earlier of the time You click “I Agree” to this Agreement or that You access, browse or use the Website or any of the Content, and continues in perpetuity unless terminated by You in accordance with this provision and/or by VCS. VCS reserves the right, at any time and for any reason, without notice to You, (i) to deny You access to the Website and any of the Content, (ii) to change, remove or discontinue any of the Content or services available on or through the Website, or (iii) to terminate this Agreement.

The warranty disclaimers, limitations and exclusions of liability, reservation and grant of property rights and other terms and conditions of this Agreement which by their nature are intended to survive and will survive the termination or expiration of this Agreement for any reason.

Any notice or other document or communication required or permitted hereunder to VCS will be deemed to have been duly given only if in writing and delivered by any of the following methods:

1. Certified U.S. mail, return receipt requested, postage prepaid, to MedHelp c/o WebMD LLC, Office of Privacy, 1201 Peachtree Street NE, 400 Colony Square, Suite 2100, Atlanta, GA 30361.
2. Email sent to [email protected].

Notices to VCS shall be deemed delivered when actually received by VCS.

Any notice or other document or communication from VCS required or permitted hereunder will be sent to the e-mail address that You provide when You register with Med Help (or any updated e-mail address that You may provide after registering). Such notice will be deemed received by You the business day after the e-mail is sent, whether or not You provided an accurate or current e-mail address.

Should You elect to send or receive e-mail communications of any kind to or from VCS, You represent and warrant to VCS that Your e-mail service has appropriate and adequate security systems necessary to prevent unauthorized access to outbound or inbound e-mail transmissions.

Except as set forth otherwise herein, VCS controls and operates the Website from the United States of America and makes no representation that the Website, the Content or the Products and Services made available to You through the Website is appropriate or available for use outside the United States of America. You are responsible for compliance with applicable local laws including, without limitation, all export and import laws. Some of the Content may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported: (i) into (or to a national or resident of) any country to which the U.S. has placed an embargo; (ii) to anyone in the US Treasury Department’s Specially Designated national list, or (iii) to anyone on the US Commerce Department’s Table of Denial Orders. If You download or use the Content, You represent and warrant that You are not located in, or under the control of, or a national or resident of any such country or on any such list.

Access, browsing and use of the Website, the Content and this Agreement, and all matters or issues collateral thereto are all governed by United States federal law and/or the laws of the State of New Jersey, without regard to any conflict of laws provisions that would refer to and/or apply the substantive laws of another jurisdiction.

SUBJECT TO THE MANDATORY ARBITRATION PROVISION BELOW, ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF, THE WEBSITE SHALL BE INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN THE STATE OF NEW JERSEY, U.S.A., AND YOU AND VCS AGREE TO SUBMIT TO THE JURISDICTION OF, AND AGREE THAT VENUE IS PROPER IN, THESE COURTS IN ANY SUCH LEGAL ACTION OR PROCEEDING.

Any controversy or dispute between You and VCS (the “parties”) concerning the Website, the Content, this Agreement and/or all matters or issues collateral thereto (each, a "Dispute”) shall be submitted to final and binding arbitration as the sole and exclusive remedy for such Dispute. Neither of the parties shall have the right to litigate any claim in court or to have the claim decided by a judge or jury. Discovery rights, such as each party’s rights to the exchange of prehearing information or prehearing taking of sworn testimony may also be limited in arbitration. Any claim shall be made by filing a demand for arbitration within one (1) year following the occurrence first giving rise to the claim. The right and duty of the parties to resolve disputes by arbitration shall be governed exclusively by the Federal Arbitration Act, and arbitration shall take place according to the Commercial Rules of the American Arbitration Association. The arbitration will be held in Lyndhurst, New Jersey. Each of the parties shall bear all of its own costs of arbitration, except that the fees of the arbitrator shall be divided equally between the parties. The arbitrator shall have no authority to amend or modify the terms of this Agreement or to award punitive or exemplary damages, and the award may be enforced by judgment. Before, during, or after arbitration each party shall have the right, without awaiting the outcome of the arbitration, to seek interim injunctive relief from an appropriate court including but not limited to temporary restraining orders or preliminary injunctions. Seeking any such remedies shall not be deemed a waiver of either party’s right to compel arbitration.

You agree that any arbitration or proceeding shall be limited to the Dispute between VCS and You individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

No delay or omission by VCS to exercise any right occurring upon any noncompliance on Your part with respect to any of the terms of this Agreement will impair any such right or power or be construed to be a waiver thereof. Any waiver by VCS of any of the covenants, conditions or agreements to be performed by You will not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition or agreement herein contained.

If any portion of this Agreement is adjudged invalid or unenforceable by an arbitrator or a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and in effect.

VCS is an independent contractor; nothing in this Agreement shall be construed to create a partnership, joint venture, or agency relationship between You and VCS.

This Agreement constitutes the entire agreement between You and VCS with respect to Your use of the Website, the Content and the Products and Services, and supersedes any and all prior understandings or agreements between You and VCS, whether written or oral. You acknowledge that, in providing You access to and use of the Website, the Content and the Products and Services, VCS has relied on Your acceptance of this Agreement. Failure to insist on strict performance of any provisions of this Agreement will not constitute a waiver of any breach or failure of performance.

The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Limitations on Liability, Disclaimers, Indemnity, User Generated Content, Arbitration and Class Action Waiver, Jurisdiction; Compliance with Laws and Complete Agreement.