Terms of Use

Terms

liveClinic operates this Web site to provide online access to information about liveClinic and the products, services, and opportunities we provide. Your access and use of this Web site are subject to the following terms and conditions and constitutes acceptance of these terms (“Terms of Use”). liveClinic reserves the right to modify these Terms of Use at any time without giving you prior notice. Your use of the Web site and liveClinic MyRecords application following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified. To address COVID19 risks liveClinic is offering FREE virtual consultation for patients working with volunteer clinicians. Please call 911if you are in the USA and have a medical emergency. liveClinic does not guarantee the quality, accuracy and impact by the services provided by the volunteer clinicians. liveClinic is providing this service to help patients to consult with a remote physician. Patients can minimize risks of getting infected with Coronavirus by NOT going to a physical clinic or healthcare establishments and seeing a physician through virtual clinic instead.

License and Access

You may use the Web site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Web site (singly or collectively, the "Content") solely for your non-commercial, personal purposes and/or to learn about liveClinic products and services. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. liveClinic reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by these Terms of Use, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Web site, except as expressly permitted by these Terms of Use. We grant you a personal, revocable, non-exclusive, non-sub-licensable and nontransferable license during the term of this Agreement to use the Platform in accordance with this Agreement for the Permitted Use only. You grant to us an irrevocable, royalty-free, fully paid-up and worldwide license to access, collect, store, disclose and use any data, information, records and files that you load, transmit to or enter into the Platform for the purposes of:

  • making available the Platform;
  • developing and improving the Platform;
  • complying with applicable law; and
  • complying with our reasonable audit and data retention policies.

Copyright

liveClinic, its suppliers or the original creator of the Content own all copyrights to Content on the Web site and all other intellectual property rights related to the Web site. To the extent that liveClinic has the right to do so without compensation to third parties and except for Content specifically provided under other terms, liveClinic grants you permission to copy Content on the Web site solely for your non-commercial use in support of liveClinic products. You agree that any copies of the Content shall retain all copyright and other proprietary notices in the same form and manner as the original. You may not, without liveClinic’s permission, "mirror" any Content contained on the Web site or any other server. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any trademark, patent, copyright, or any other intellectual property right of liveClinic or any third party.

Trademarks

The trademarks, logos, service marks, brand identities, title, characters, trade names, graphics, designs, and other properties (collectively the "Trademarks") displayed on the liveClinic Web site and liveClinic MyRecords application are protected intellectual properties that are registered and unregistered trademarks of liveClinic, its affiliates and others. Nothing contained on the liveClinic Web site or liveClinic Myrecords application should be construed as granting, by implication, or otherwise, any license or right to use any Trademark displayed on this Web site without the written permission of liveClinic or such third party that may own the Trademark displayed on liveClinic’s Web site. Your misuse of the Trademarks displayed on liveClinic’s Web site, or any other content on liveClinic’s Web site, except as provided herein, is strictly prohibited.

Privacy

See liveCinic’s Online Privacy Statement.

Information Provided to liveClinic

liveClinic does not want you to, and you should not, send any confidential or proprietary information to liveClinic via the Web site. Any submission by you to liveClinic, including but not limited to questions, comments, suggestions or the like shall be deemed to be non-confidential and shall become the property of liveClinic. Furthermore, by your submission you grant liveClinic an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such information. liveClinic shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products incorporating such information. The Platform provides you with the ability to create, upload, submit, disclose, distribute or otherwise post content (including, without limitation, personally identifiable information, personal health information, activity tracking, food tracking and sleep tracking), materials, videos, audio clips, written comments, data, text, photographs, software, scripts, graphics, works of authorship or other information related to the Services we provide, including without limitation any feedback or suggestions for improvements, enhancements, or error corrections (collectively, “User Submissions”). You represent and warrant to us that:

  • you own all rights, title and interest in and to your User Submissions or are otherwise authorized to grant the rights provided to liveClinic herein;
  • you will comply with all applicable laws in using the Platform; and
  • doing so will not violate any law or infringe upon or violate the rights of any person or entity.

You consent and grant to liveClinic.com, its directors, officers, employees, agents, affiliates, representatives, service providers, Volunteers, partners, sublicensees, successors and assigns (the “liveClinic.com Parties”) a perpetual, irrevocable, non-exclusive, transferable, sublicensable, royalty-free, worldwide right and license to use, license, modify, reproduce, adapt, publish, translate, transmit, edit, distribute, perform, display, communicate publicly, create derivative works of and otherwise use any User Submissions and incorporate the User Submissions in other works in any form, media or technology. You further acknowledge that the liveClinic.com Parties shall be entitled to use of the User Submissions in accordance with this Agreement without any compensation to you for any exercise of the license granted under this section. You also consent to and permit any user of the Platform to access, display, view, store and reproduce any User Submissions that you have made available in any public or group forum within the Platform for his or her personal use. Subject to the foregoing, you remain the owner of the User Submissions that you provide to us and retain all rights that may exist in such User Submissions; provided, however, the license you grant herein gives liveClinic.com the right to use the User Submissions as described in this Agreement, our Privacy Policy and our HIPAA Notice, and your ownership rights in such User Submissions cannot interfere with the license you grant to the liveClinic.com Parties.

If all or a portion of a User Submission constitutes protected health information or personally identifiable information as described in our Privacy Policy and our HIPAA Notice, we will treat it as such. However, we reserve the right under the license you grant us to remove personal identifiers from any and all User Submissions and, once reasonably de-identified, the remaining information shall not be subject to any obligation of confidentiality on our part. You understand and agree that liveClinic.com owns all right, title and interest in and to all such de-identified data and may be used for any lawful business purpose without any duty of accounting to you. For example, once de-identified, we may use information from User Submissions in our publications and sales and marketing materials and for product research and development. By providing you with the ability to post and use User Submissions in delivering the Platform, liveClinic.com is not undertaking any obligation or liability relating to any User Submissions or activity related thereto, nor does liveClinic.com endorse any such User Submissions or activities. liveClinic.com cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all User Submissions submitted, uploaded, posted, transmitted or displayed are the sole responsibility of the person who made such User Submissions. This means that you are entirely responsible for all User Submissions that you submit, upload, post, transmit or otherwise display to the Platform. You agree not to upload, post, transmit, display, perform or distribute any content, information or other materials in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights, or rights of publicity or privacy, or in violation of any applicable law, rule or regulation. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY VIOLATIONS OF LAWS AND FOR ANY INFRINGEMENTS OF THIRD PARTY RIGHTS CAUSED BY YOUR USER SUBMISSIONS AND USE OF THE PLATFORM.

We do not control the User Submissions uploaded, posted, transmitted or otherwise displayed on our Platform by others; therefore, we do not guarantee the accuracy, integrity or quality of any such User Submissions. You understand and agree that you may be exposed to User Submissions that are offensive or objectionable by using the Platform. Although we reserve the right, liveClinic.com has no obligation to monitor the Platform or User Submissions. liveClinic.com may edit, modify, suspend or remove any User Submission at any time for any reason in liveClinic.com sole discretion without notice to you (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Submission, in order to comply with applicable laws or failure to adhere to community standards and conduct guidelines set forth in this Agreement or otherwise established by liveClinic.com), or for no reason at all. liveClinic.com DISCLAIMS ANY ACTUAL OR IMPLIED DUTY TO MONITOR USER SUBMISSIONS AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY USER SUBMISSIONS OR FOR THE QUALITY OR ACCURACY OF OTHER INFORMATION YOU PROVIDE THROUGH USING THE PLATFORM.

Electronic Communications

When you visit www.LIVECLINIC.com or send e-mail to us, you are communicating with us electronically. Accordingly, you explicitly consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Web site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Disclaimer of Warranties

LIVECLINIC MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE WEB SITE OR THE CONTENT. LIVECLINIC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE WEB SITE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE WEB SITE. LIVECLINIC DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE WEB SITE WILL BE CORRECTED. LIVECLINIC DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE WEB SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

Limitation of Liability

IN NO EVENT WILL LIVECLINIC OR VOLUNTEER CLINICIANS HELPING YOU BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE WEB SITE OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE WEB SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEB SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE WEB SITE, OR THE CONTENT, EVEN IF LIVECLINIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEB SITE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE. (VI) ANY FREE REMOTE MEDICAL CONSULTATION PROVIDED BY VOLUNTEER HEALTHCARE PROVIDERS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, LIVECLINIC'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, LIVECLINIC'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

Digital Millennium Copyright Act

liveClinic is committed to complying with U.S. copyright law and to responding to claims of copyright infringement. liveClinic will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c) (“DMCA”). Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to liveClinic’s Designated Agent.

GOVERNING LAW

These Terms shall be governed by the internal laws of the State of California, without giving effect to principles of conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the state courts sitting in Orange County, California or the federal courts in the Southern California to resolve any disputes arising under these Terms. In each case these Terms shall be construed and enforced without regard to the United Nations Convention on the International transactions.