Terms of Use

About the Terms

The following terms (the "Terms") of use is a legal agreement between the users (the "Users" or "you") and ChoiceMMed America Co. and governs your use of ChoiceMMed America ("we", "our", "us") web site and related services (the " Services"), including, but not limited to choicemmedamerica.com (the "Site"), widgets and computer programs hosted by or on behalf of ChoiceMMed America. By accessing, browsing, or using our Services, you acknowledge that you have read, understand, and agree to be bound by these terms. If you do not agree to these terms (including our Privacy Policy), please refrain from using our Services. If you have any questions or concerns about this agreement, please Contact Us.

Modifications - We reserve the right to amend the Terms of Use from time to time. A link to the most current Terms of Use will be available on ChoiceMMed America home page and it is your responsibility periodically to review this page for updates to the Terms of Use. Your continued use of our Services following the posting of such changes will be deemed acceptance of the Amended Terms of Use.

Use of ChoiceMMed America Services

Age Restrictions - The Services are intended solely for Users who are thirteen (13) years of age or older. Thus, you represent and warrant that you are 13 or older. If you are 13 or older, but under the age of 18, you must review the Terms with you parent(s) or legal guardian(s) to ensure that both you and your parent(s) or legal guardian(s) understand and consent to the Terms. A parent or legal guardian accepting the Terms for the benefit of a child, agrees and accepts full responsibility for his or her child's use of the Services, including all financial charges and legal liability that such child may incur.

Requirements - Full use of the Services requires compatible ChoiceMMed products (the "Products"), internet access, and certain software; may require periodic updates; and may be affected by the performance of these factors. The Services is not a guaranteed part of any third party product or service offering, and no purchase or obtaining of any third party product or service shall be construed to represent or guarantee you access to our Services.

Content on ChoiceMMed Service

Rights - all rights in all material and content (including, but not limited to, text, images, web pages and software (including, code, interface and website structure), and the look and feel, design and compilation thereof) at this Site are owned by us or our licensors. You agree that you are permitted to use this material and/or content only as set out in the Terms or as otherwise expressly authorized in writing by us or our licensors, and that you may not otherwise copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material or content.

Intellectual Property – We are the owner and/or authorized user of all trademarks, service marks, design marks, patents, copyrights, database rights and all other intellectual property appearing on or contained within the Site, unless otherwise indicated. Except as provided in the Terms, use of the Site does not grant you any right, title, interest or license to any such intellectual property you may access on the Site. Except as provided in the Terms of Use, any use or reproduction of the intellectual property is prohibited.

Copying- You may view this Site and you are welcome to print hard copies of material on it solely for your lawful, personal, non-commercial use. All other copying, whether in electronic, hard copy or other format, is prohibited and may breach intellectual property laws and other laws world-wide. Furthermore, you are not entitled to reproduce, transmit, publicly perform, distribute, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material, or use it for commercial purposes, without our prior written consent. All other rights are reserved. If you violate any of Terms, your permission to use our Services will automatically terminate and you must immediately destroy any copies you have made of any portion of ChoiceMMed America Services.

Linked Sites

Our Services may contain links to websites, applications or other products, resources or services operated by other companies ("Linked Sites "). Since the Site does not endorse, operate, monitor or has any control over any information, products, resources or services on the Linked Sites, you acknowledge and agree that Site shall not be responsible nor liable for the availability, content, advertising, products, services or other materials on or available from the Linked Sites. Please note that these third-party websites may have their own privacy policy.

Third Party Services

ChoiceMMed America may choose at any time to have its business partners' and other third parties' products, services, advertisements and other offers made available via the Services. Any such offerings made available to you are made and offered directly by the applicable third party service provider or advertiser, unless otherwise expressly noted. You acknowledge and accept that if you buy any such products or services offered you are contracting directly with the applicable business partner or third party service provider or advertiser. Your correspondence or business dealings with, or participation in promotions of, third party service providers or advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party service provider or advertiser. ChoiceMMed America shall not be responsible or liable for the performance or nonperformance of any third party service provider or advertiser and any loss or damages of any kind resulting thereof.

Entire Agreement

The Terms, including our Privacy Policy, constitutes the entire agreement between you and us in relation to its subject matter and supersedes any and all prior promises, representations, agreements, statements and understandings whatsoever between us. To the extent that software is available through the Site, such software may be subject to a license agreement that is distributed or included with such software and you agree to abide by the terms and conditions of any such license agreements. The failure by us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be unenforceable or invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. We may cede assign or otherwise transfer our rights and obligations in terms of these standard terms and conditions to third parties.

Terminate

We may change, restrict, suspend and/ or terminate your access to the Site and/ or your ability to avail of any of the Services, including interactive services, if we believe that you have breached the Terms at any time. Any such restriction, suspension or termination will be without prejudice to any rights which we may have against you in respect of your breach of the Terms. We may also remove the Site as a whole or any sections or features of the Site at any time. Please note that we have the ability to trace your IP address and if necessary contact your ISP in the event of a suspected breach of the Terms.

Content and Warranty Disclaimer

ChoiceMMed America is not responsible or liable for any kind, express or implied, any contents posted on the Site or for any offensive, unlawful or objectionable content (collectively, "Content") you may encounter on or through the Services. Any information, materials and products on the Site are provided "AS IS" and without warranties of any kind. To the fullest extent permitted by law, ChoiceMMed America disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. ChoiceMMed America cannot guarantee and does not promise any specific results from use of the Services. ChoiceMMed America does not represent or warrant that the Services will be uninterrupted or error-free, that any defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or anything else harmful. To the fullest extent permitted by law, ChoiceMMed America does not make any warranties or representations regarding the use of the materials or Content in the Site in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other Device in which you access the Site, loss of data or other harm of any kind that may result. We reserve the right to change any and all Content and other items used or contained in the Services at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

No Liability

ChoiceMMed America shall not be liable for any direct, special, incidental, indirect or consequential damages, including for any lost profits or lost data, that result from the use of, or the inability to use, the Services or the performance of the products purchased or the conduct of other Users (whether online or offline) or attendance at a ChoiceMMed America event, even if ChoiceMMed America has been advised of the possibility of such damages. You assume total responsibility for your use of the Services only remedy against ChoiceMMed America of the Content is to stop using the Services. That said, if ChoiceMMed America is found to be liable to you for any damage or loss which is in any way connected with your use of the Services or any content, ChoiceMMed America's liability shall not exceed $100.00. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Law and Jurisdiction

The Terms of Use and the resolution of any dispute related to the Terms of Use or ChoiceMMed America Services shall be governed by and construed in accordance with the laws of the State of Pennsylvania without respect to its conflict of laws principles. You shall bring any legal action or proceeding against ChoiceMMed America related to ChoiceMMed America Services exclusively in a federal or state court of competent jurisdiction sitting in a county court, Pennsylvania, California, and you agree to submit to the personal and exclusive jurisdiction of such courts. If any provision(s) of the Terms of Use is found to be contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. ChoiceMMed America's failure to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by ChoiceMMed America in writing.

Contact and Notices

All notifications, questions and comments to ChoiceMMed America relating to the Terms can be submitted via email to Contact Us.

ChoiceMMed America Co.

Date of last update: February 2016