You are responsible for your account. Keep your password and real name private. Accurate and complete registration information is required to use liveClinic. You are solely responsible for the security of your passwords and for any use of your account, including any access to personal information in your account. If you suspect unauthorized use of your account, change your password immediately.
We reserve the right to revoke or deactivate your username and password at any time. You may terminate your account and these Terms at any time by deleting your account in the settings page or contacting customer service at support@liveClinic.com.
You agree that we may send you limited personal information by email, SMS, text, and mobile push notification.
When you use features on liveClinic or participating in a Virtual Consult), you agree that liveClinic may send you automated content via email, mobile telephone, or other contact information provided by you in your account settings. This content may contain protected health information under HIPAA, including content related to conditions, treatments, and medications. You understand and agree that by using these features, you are expressly opting into receiving your own protected health information by email, SMS/text, or mobile push notifications. These communications from the Apps are not encrypted. Although unlikely, it is possible for these communications to be intercepted or accessed without your authorization. By using the Apps, you release liveClinic from any liability arising from or related to any such interception or unauthorized access.
WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE VIRTUAL CONSULT SERVICE AND YOUR DEALING VOLUNTEER MEDICAL EXPERTS. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT LIVECLINIC OR VOLUNTEER MEDICAL EXPERTS WILL NOT BE HELD LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH ATTRIBUTABLE TO YOUR USE OR MISUSE OF LIVECLINIC OR ITS SEVICES.
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: (i) making available the Platform; (ii) developing and improving the Platform; (iii) complying with applicable law; and (iv) complying with our reasonable audit and data retention policies.
liveClinic, its suppliers or the original creator of the Content own all copyrights to Content on the Website and all other intellectual property rights related to the Website. 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 Website 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 Website 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.
The trademarks, logos, service marks, brand identities, title, characters, trade names, graphics, designs, and other properties (collectively the "Trademarks") displayed on the liveClinic Website 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 Website or liveClinic MyRecords application should be construed as granting, by implication, or otherwise, any license or right to use any Trademark displayed on this Website without the written permission of liveClinic or such third party that may own the Trademark displayed on liveClinic’s Website. Your misuse of the Trademarks displayed on liveClinic’s Website, or any other content on liveClinic’s Website, except as provided herein, is strictly prohibited.
See liveCinic’s Online Privacy Statement https://liveclinic.com/privacy-policy.
liveClinic does not want you to, and you should not, send any confidential or proprietary information to liveClinic via the Website. 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: (i) 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; (ii) you will comply with all applicable laws in using the Platform; and (iii) doing so will not violate any law or infringe upon or violate the rights of any person or entity.
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.
When you use our Websites and Apps, 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 Website. 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.
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 CONTENTWILL BE CORRECTED. THE WEB SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
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.
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.
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.