Terms & Conditions

These Terms of Service ("Terms") govern your access to and use of the Site and the related internet-based services, features, content, and functionality, including the Appointment Booking Service (the "Booking Service" and, together with the Site and the "Service" or "Services"). By using the Service, you acknowledge that you have read, accepted, and agreed to be bound by these Terms.

1. Acceptance of Terms

These Terms constitute an electronic contract that explains the legally binding terms of your use of the Service. By using the Service, you accept and agree to these Terms and any conditions or notices contained or referenced within. You acknowledge that these Terms may be modified by us at any time, in our sole discretion, and that any modifications will be effective upon posting. Your continued use of the Service shall indicate your acceptance of any modified terms. Further, you agree that we may at any time, in our sole discretion, with or without prior notice to you, modify, cancel, update, reconfigure, supplement, limit, terminate, or otherwise alter the Service or any part thereof, including as between different users, whether temporarily or permanently.

By using the Service, you also agree that we may send you various communications by email or by posting them on the Site. You agree to notify us promptly if your email address changes. This consent covers all actions you conduct through the Service. Should you decide that you do not wish to receive communications by email, please contact us at info@elite-medicine.com. Your withdrawal of consent will be effective within a reasonable time after we receive such notice. A withdrawal of consent will not affect the enforceability of these Terms. However, a withdrawal of consent to receive communications electronically may result in termination of your use of the Service.

We reserve the right to, and you acknowledge and consent that we may (but are not required to), monitor the Service to the extent permitted by law, including your communications and activities via the Service, and in connection with your access and use of the Service, including without limitation, information provided by you and information about your geolocation.

2. User Account

In order to access certain features of the Service, you may be asked to create a User Account. In creating a User Account, you may be asked to provide certain personalized information to us. Our information collection and use policies with respect to the privacy of such information are set forth in the Service's Privacy Policy, which is incorporated herein by reference for all purposes. It is your responsibility to provide us with accurate, complete, and up-to-date information for your account. You agree to promptly update such information as needed.

When you create a User Account, you agree to take full responsibility for maintaining the confidentiality of your access credentials used to log into the Service (e.g., username and password), and for all activity that is generated by your User Account. You may not permit anyone else to use your access credentials, and you may not use anyone else's access credentials. You may not attempt to gain unauthorized access to any other user's access credentials. You agree to immediately notify us in the event that (i) your access credentials are lost or stolen, or (ii) you become aware of any unauthorized use of your access credentials or of any other breach of security that might affect the Service. We are not responsible for any loss or damage arising from someone else using your access credentials or your failure to comply with this section.

3. General Use of the Service

Limited License

Subject to your compliance with these Terms, we hereby grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferrable license to: (i) access and use the Service on a device that you own or control solely in connection with your use of the Service; and (ii) access and use any content information and related materials that may be made available through the service to you, in each case solely for your personal use. Any rights not expressly granted herein are reserved by Elite Medicine and its licensors.

Prohibited Uses

Any commercial or promotional use, distribution, reproduction, or other exploitation of the service, or any content, code, data, or materials on either the Site or the App, is strictly prohibited unless you have received express prior written permission from us. Other than as expressly allowed in these Terms, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data, or materials on or available through the Service. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Service, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary notices.

You shall not: (i) engage in spidering, "screen scraping," "database scraping," harvesting of email or other addresses, contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Service; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials, or information through any means; (iii) use the Service in any manner with the intent to interrupt, damage, disable, overburden, or impair the Service; (iv) use the Service in violation of our or any third party's intellectual property or other proprietary or legal rights; (v) insert your own or a third party's advertising, branding or other promotional content into any of the Service's content, materials or services; or (vi) use the Service in violation of any applicable law.

Proprietary Rights

The Service is the proprietary property of Elite Medicine and/or its third-party licensors, and is protected by U.S. and foreign copyright, trademark, and other intellectual property laws. Your use of the Service does not grant you ownership of any content, code, data or materials you may access on or through the Service or download from the Service.

4. Medical Disclaimer

Elite Medicine's Service is designed to enable you to request and book certain medical services to be provided by a licensed medical professional.

These Terms apply to the Service. We may also present to you through your use of the Service any terms specific to the use of a particular service ("Service-Specific Terms"). All Service-Specific Terms are incorporated into these Terms by reference. To the extent that these Terms conflict with the Service-Specific Terms, the Service-Specific Terms will control.

5. Payments

Elite Medicine Members will be responsible for the payment of fees ("Fees") to the Practice as set forth in the Membership Agreement.

6. Cancellations

Cancellation of Services will be handled as set forth in the Membership Agreement.

Authorization to Charge

By using the Practice's services, you hereby authorize Elite Medicine to automatically charge your credit card (or other payment method) for the applicable fees or charges, plus any applicable taxes.

Misrepresentations

If you misrepresent yourself in any manner, including but not limited to, a misrepresentation of your age or medical history, Elite Medicine reserves the right to cancel your service without notice and charge you the full amount.

7. Mobile Devices

You agree to comply with any applicable third party terms of agreement when using the Mobile Apps. You acknowledge and agree that the Device Providers, and their subsidiaries are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, the Device Providers will have the right, and will be deemed to have accepted the right, to enforce these Terms against you as a third party beneficiary thereof.

8. Indemnification

You agree to release, indemnify, defend and hold harmless Elite Medicine its parent, subsidiaries and affiliates and its and their shareholders, officers, directors, employees, agents, and advisors, from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable legal fees and costs (whether brought by third parties or otherwise) (collectively, "Claims") due to or arising in any way from your use of the Service, your placement or transmission of any message, any content, or other information or materials through the Service, or your breach or violation of the law or of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, which will not excuse your indemnity obligations under this Section.

9. Third Party Websites or Services

Our Site may contain links to, or advertisements and content from, other websites, including those of third parties or business partners ("Linked Sites"). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code, or other materials which may or may not be provided by or through Linked Sites. The inclusion of any link to such sites or third party advertisements on our Service does not imply our endorsement or recommendation and we make no representations or warranties with respect to such sites or advertisements or their respective goods or services. Any reliance on third party sites and advertisements is done at your own risk.

10. Disclaimer of Warranties

We provide the Service "as is," "with all faults" and "as available" and the entire risk as to satisfactory quality, performance, accuracy, security, and effort is with you. To the maximum extent permitted by applicable law, we make no representations, warranties or conditions, express or implied. We disclaim any and all warranties or conditions, express, statutory, and implied, including without limitation (i) warranties or conditions of merchantability, fitness for a particular purpose, or workmanlike effort, accuracy, title, and non-infringement, (ii) warranties or conditions arising through course of dealing or usage of trade, and (iii) warranties or conditions that access to or use of the Service will be uninterrupted or error-free.

11. Limitation of Liability

Exclusion of Certain Liability

You acknowledge and agree that we are only willing to provide you access to the Services if you agree to certain limitations of our liability to you and to third parties. To the extent permitted by applicable law, Elite Medicine, our directors, advisors, officers, employees, agents or content or service providers (collectively, the "Protected Entities") shall not be liable for (i) any indirect, consequential, special, incidental, punitive, or exemplary damages whatsoever, or (ii) loss of use, data, business, revenues, or profits (in each case whether direct or indirect), arising out of or in connection with the Services and these Terms, whether based in contract, tort, strict liability, or any other legal theory, even if we have been advised of the possibility of such damages and even if a remedy fails of its essential purpose.

Limitation of Liability

To the extent permitted by applicable law, the aggregate liability of the Protected Entities arising out of or in connection with the Service and these Terms will not exceed the amount paid by you for accessing the Service, even if your remedies under these Terms fail of their essential purpose.

12. Term and Termination

These Terms remain in full force and effect until they are terminated pursuant to the terms herein, however either party may terminate these Terms at any time without notice. Upon any termination or expiration, Elite Medicine will stop providing the Service to you and you will no longer have access to the full functionality of the Site.

13. Information

We do not warrant or guarantee the accuracy, completeness or timeliness of any information available via the Service. We do not authorize the use of information available via the Service for any purpose other than your personal use. You may not resell, redistribute or use this information for commercial purposes.

14. Availability

Our goal is to provide a product with outstanding availability and reliability. Planned downtime, intellectual property and other problems may occur. We will have no liability for any failure or delay due to matters beyond our reasonable control.

For questions about these Terms of Service, please contact Elite Medicine at (919) 428-5864.