Last Updated: March 31, 2016
Welcome to the clear.md internet sites (“clear.md”, “vidscrip.com”, “us”, or “we”).where patients and health care providers are connected through video, audio, images and text (the “clear.md Services”) through access to and use of this web site and mobile applications (the “Site”). The services offered by clear.md include the clear.md Services, the Site, and any other features, content, or, applications that we may offer from time to time in connection with the clear.md Services and Site, either directly, or through our suppliers (collectively, the “Services”).
1. clear.md Does Not Provide Medical Advice
clear.md only provides the platform that allows healthcare providers to communicate information in the form of video, audio, images and text to consumers of healthcare services. CLEAR.MD IS NOT A HEALTHCARE PROVIDER.
The content and any information that is displayed or transmitted through the Services or Site, including without limitation any text, graphics, video, audio, images, or information whether created by clear.md, a third party supplier of clear.md, or some other source, that appears on the Site (“Content”) is for informational purposes only. You are responsible for your health care decisions. clear.md provides a venue through which you can obtain information from health care providers on a variety of topics. clear.md is not a health care provider and is not authorized to practice medicine or any other health care services or engage in the diagnosis or any disease or condition. clear.md does not endorse or recommend any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. clear.md does not exert any editorial or other control over the Content provided or made available by any health care provider and Content on the Site only reflects the views of the individual health care providers responsible for that Content. Because clear.md is not a health care provider, we are not equipped to validate or confirm the accuracy or completeness of any of the information made available in the Content by the health care providers or to determine whether such information is appropriate for you or your needs. clear.md is not an agent or advisor to you or any third party that makes Content available through the Site and clear.md is not referring or directing you to any health care provider on the Site. clear.md invites health care providers to participate on the Site, but clear.md is neither qualified to evaluate, nor responsible for assuring, that these health care providers have the appropriate licenses, qualifications or expertise to provide appropriate medical or other advice for you or any other person. It is your responsibility to follow up with your physician or other healthcare professional to confirm the accuracy and reliability of any Content that appears on the Site. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition. You acknowledge and agree that you rely upon your own judgment in the selection of any healthcare provider or in the reliance upon any Content that appears on the Site.
Medical Emergencies: IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY YOU SHOULD NOT RELY UPON THIS SITE FOR ASSISTANCE BUT INSTEAD SHOULD SEEK APPROPRIATE EMERGENCY MEDICAL ASSISTANCE OR CALL 911 IMMEDIATELY.
2. Not intended for Children.
This Site and the Services are not intended for use by children. You affirm that you are over the age of 13 and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by the terms and conditions of this Agreement.
3. Your Representations.
As a user of the Site you represent and warrant that:
- You are of sufficient legal age in your jurisdiction to create binding legal obligations;
- Your access and participation on the Site may be terminated without warning if we believe that you are not eligible to participate.
- You will not upload or transmit any communications or content of any type that may infringe or violate any rights of any third party
- You will not use this Site or the Services for any purpose in violation of local, state, national, or international laws
- You will not use this Site as a means to distribute advertising or other unsolicited materials to any third party
- You will not distribute in any medium any part of the Services without clear.md’s prior written permission
- You will not alter or modify any part of the Services
- You will not make any commercial use of the Services
4. Rights to Use Content
clear.md or it’s licensors are the sole and exclusive owners of any and all intellectual property and proprietary rights in the Content that appears on the Site or that is related to the Services, including but not limited to all text, graphics, images, software applications and code, video, audio, and user interface design . You agree not to (i) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, or create derivative works based on the Content, Site or Services; (ii) decompile or reverse engineer Content or any part thereof; or (iii) rent, lease, loan, or sell access to the Content, Site, or Services. You acknowledge that all the intellectual property rights in the Content, Site, or Services are owned by clear.md, or clear.md’s licensors.
As a user of the clear.md Site you are authorized to view the material that appears on the Site for your own personal non-commercial use. The Content is protected by copyright under the United States and international laws. All intellectual property rights remain with clear.md or the licensors and Content providers. Any use of the Content not expressly permitted by this Agreement is a breach and may be a violation of copyright, trademark, and other laws. All rights not expressly granted herein are reserved to clear.md and its licensors.
If you violate any of these conditions of use your permission to access the Site, view the Content and Services will automatically terminate and you must immediately destroy any copies you have in your possession of any portion of the Content.
5. Your Submissions.
Any personal information that you may voluntarily submit (which means, without limitation, any and all information postings, messages, names and other information about yourself or others, opinions, text, files, links, images, photos, video, sounds, notes, works of authorship, software, feedback, or other materials) that is uploaded, provided or otherwise transferred to the Services (“posted”) by you, such information will not be considered confidential and may in fact be made public on the Site and shared with others.
You acknowledge that all the information that you submit to the Site is owned by you and that you will only post or upload information that you have all of the rights and authorization to transmit to the Site. Uploading information, images or videos of other people without their permission is strictly prohibited.
6. Acceptable Use and Conduct
You are solely responsible for any and all information that is posted by you on the Site, and for your interactions with any other user of the Site .
6.1 Breach. Any use of the Site or Services in violation of this Agreement may result in, among other things, termination or suspension of your rights to use the Site or Services.
6.2 Enforcement by Us. We reserve the right (but have no obligation) to review any information posted on the Site or Services and to remove such information if we believe in our sole discretion that it is inappropriate, and to investigate and take appropriate legal action in our sole discretion against you if you violate this provision or any other provision of this Agreement, including without limitation, terminating your access and use of the Site, notifying law enforcement authorities, and taking legal action against you.
6.3 Non-Commercial Use. The clear.md Site and Services are for personal use only and may not be used to promote any commercial endeavors or to provide any professional services to any third party. You will not engage in advertising to, or solicitation of, any user to buy or sell any products or services through the Site. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from any information that you post without notice and may result in suspension or termination of your access and use of the Services.
6.4 No Disruption. You will not:
Interfere with, disrupt, or create an undue burden on the Site or Services or the networks or services connected to the Site or Services;
Cover or obscure any banner advertisements on any clear.md page via HTML/CSS, scripting, or any other means;
Without clear.md’s express written permission, introduce software or automated agents to the Site or Services so as to produce multiple accounts, generate automated messages, or to strip or mine data from the Services; or Interfere with, disrupt, or modify any data or equipment to manipulate or bypass any security measures deployed by clear.md.
6.5 Miscellaneous. You will not attempt to impersonate another user or any of our employees. You will use the Services in a manner consistent with any and all applicable laws and regulations.
7. We respect the intellectual property rights of others and ask you to do the same.
The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse to copyright owners who believe that material appearing on the internet infringes their rights. If you believe that material that appears on the clear.md Site has been copied in a way that constitutes copyright infringement please contact us and include the information required by the DMCA. Notification of any such claims or counterclaims should be sent to our designated agent for DMCA claims of copyright infringement:
For purposes of the DMCA the agent designated to receive notice of claimed infringement is:
Gray Plant Mooty
80 S 8th Street
Minneapolis, MN 55402
8. Third-Party Websites
The Services might contain links to third-party websites (“Third-Party Websites”) including but not limited to Third-Party Websites 1) of healthcare providers who post Content on the Site, 2) of third parties who may offer products or services to clear.md participants, 3) placed by us as a service to those interested in this information; or 4) posted by other Users.
You use all such links to Third-Party Websites at your own risk. We do not monitor or have any control over, and make no claim or representation regarding Third-Party Websites. To the extent such links are provided by us, they are provided only as a convenience, and such link to a Third-Party Website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Website. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of Third-Party Websites, or websites linking to the Site. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Website, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
The clear.md Services are provided “As-Is” and as available. We and our suppliers expressly disclaim any warranties and conditions of any kind, whether express or implied, including, but not limited to, the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We and our suppliers make no warranty that:
- the Site or Services will meet your requirements;
- the Site or Services will be available on an uninterrupted, timely, secure, or error-free basis;
- the results that may be obtained from the use of the Site or Services will be accurate or reliable;
- That the Content provided on or through the Site will be accurate, reliable, complete or current; or
- Any government regulations requiring disclosure of information on prescription drug products that are part of the
- Content will be satisfied.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
10. Limitation of Liability
In no event shall we or our suppliers be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from your use of the Services, even if we or our suppliers have been advised of the possibility of such damages.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you and you may also have other legal rights that vary from jurisdiction to jurisdiction.
You hereby release us, our officers, employees, agents, suppliers, and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any incorrect or inaccurate information that you have posted on the Site or that is a result of your reliance upon any Content or the Services or as a result of any decisions made by you based upon information obtained from the Site or through the clear.md Services or Content.
12.2 Indemnity. You agree to defend, indemnify, and hold us, our subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Site or Services in violation of this Agreement and/or arising from your breach of any provision of this Agreement.
12.3 U.S. Export Controls. No software may be downloaded from the Site or Services or otherwise exported or re-exported in violation of U.S. export laws. By downloading or using any software, you represent and warrant that such download or use is not in violation of any such law.
12.4 Governing Law. This Agreement shall be governed by the laws of the State of Minnesota without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the state courts and federal courts located within the State of Minnesota for the purpose of litigating all such claims or disputes.
12.5 Other. This Agreement is accepted upon your use of the Site and Services. This Agreement constitutes the entire agreement between you and us regarding the use of the Site and Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
Contact Information. Please contact us at firstname.lastname@example.org with any questions regarding this Agreement. All notices to clear.md intended to have a legal effect must be delivered in writing to: clear.md, 112 N 3rd St Suite 500, Minneapolis, MN, 55401.
13. Copyright/Trademark Information.
Copyright © 2016, clear.md All rights reserved. The trademarks, logos, designs, and service marks that appear on this Site belong to clear.md or their respective trademark and copyright owners and are used here for the sole purpose of identifying the source of such products or services. clear.md is not affiliated with or endorsed by any of these trademark or copyright owners who remain the exclusive owners of such rights. You are not permitted to use these trademarks or copyrights without our prior written consent or the consent of such third party.