Cloud+MD Conditions of Use
Cloud Medical Doctor Software Corporation and/or its affiliates (“Cloud+MDs” or “Cloud+MD”) provide website features and other products and services to you when you visit Cloud+MDs.com, use Cloud+MD products or services, use Cloud+MD applications for mobile, or use software provided by Cloud+MD in connection with any of the foregoing (collectively, “Cloud+MD Services”). Cloud+MD provides the Cloud+MD Services subject to the following conditions.
By using Cloud+MD Services, you agree to these conditions. Please read them carefully.
We offer a wide range of Cloud+MD Services, and sometimes additional terms may apply. When you use a Cloud+MD Service you also will be subject to the guidelines, terms and agreements applicable to that Cloud+MD Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Please review our Privacy Notice, which also governs your use of Cloud+MD Services, to understand our practices.
When you use any Cloud+MD Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other Cloud+MD Services. 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.
All content included in or made available through any Cloud+MD Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Cloud+MD or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Cloud+MD Service is the exclusive property of Cloud+MD and protected by U.S. and international copyright laws.
Click here to see a non-exhaustive list of Cloud+MD trademarks. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Cloud+MD Service are trademarks or trade dress of Cloud+MD in the U.S. and other countries. Cloud+MD’s trademarks and trade dress may not be used in connection with any product or service that is not Cloud+MD’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Cloud+MD. All other trademarks not owned by Cloud+MD that appear in any Cloud+MD Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Cloud+MD.
One or more patents owned by Cloud+MD apply to the Cloud+MD Services and to the features and services accessible via the Cloud+MD Services. Portions of the Cloud+MD Services operate under license of one or more patents. Click here to see a non-exhaustive list of applicable Cloud+MD patents and applicable licensed patents.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Cloud+MD or its content providers grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access and make personal and non-commercial use of the Cloud+MD Services. This license does not include any resale or commercial use of any Cloud+MD Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Cloud+MD Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Cloud+MD or its licensors, suppliers, publishers, rights holders, or other content providers. No Cloud+MD Service, nor any part of any Cloud+MD Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Cloud+MD. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Cloud+MD without express written consent. You may not use any Meta tags or any other “hidden text” utilizing Cloud+MD’s name or trademarks without the express written consent of Cloud+MD. You may not misuse the Cloud+MD Services. You may use the Cloud+MD Services only as permitted by law. The licenses granted by Cloud+MD terminate if you do not comply with these Conditions of Use or any Service Terms.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may submit reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Cloud+MD reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do submit content or submit material, and unless we indicate otherwise, you grant Cloud+MD a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Cloud+MD and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Cloud+MD for all claims resulting from content you supply. Cloud+MD has the right but not the obligation to monitor and edit or remove any activity or content. Cloud+MD takes no responsibility and assumes no liability for any content posted by you or any third party.
Cloud+MD respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please submit a written complaint of such with a full and complete description of the work in question.
Cloud+MD attempts to be as accurate as possible. However, Cloud+MD does not warrant that product descriptions or other content of any Cloud+MD Service is accurate, complete, reliable, current, or error-free.
Cloud+MD SOFTWARE TERMS
In addition to these Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with Cloud+MD Services (the “Cloud+MD Software”).
Cloud+MD may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Cloud+MD does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE Cloud+MD SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Cloud+MD SERVICES ARE PROVIDED BY Cloud+MD ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Cloud+MD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE Cloud+MD SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Cloud+MD SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE Cloud+MD SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Cloud+MD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Cloud+MD DOES NOT WARRANT THAT THE Cloud+MD SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Cloud+MD SERVICES, Cloud+MD’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM Cloud+MD ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Cloud+MD WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY Cloud+MD SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS
(INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY Cloud+MD SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute or claim relating in any way to your use of any Cloud+MD Service, or to any products or services sold or distributed by Cloud+MD or through Cloud+MDs.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us at Cloud Medical Doctor Software Corporation, 1291 W. Galleria Dr., Henderson, NV 89014. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. Cloud+MD may elect to seek attorneys’ fees and costs in arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any Cloud+MD Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Texas, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Cloud+MD.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review any other policies posted on this site. These policies also govern your use of Cloud+MD Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Cloud Medical Doctor Software Corporation
1291 W. Galleria Dr., Ste. 200
Henderson, NV 89014
HOW TO SERVE A SUBPOENA
If you have a subpoena to serve on Cloud+MD, please note that Cloud+MD does not accept service via e-mail or fax and will not respond to the subpoena. All subpoenas must be properly served on Cloud Medical Doctor Software Corporation, preferably by mailing the subpoena to Cloud Medical Doctor Software Corporation at the above address.
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint in writing. We respond quickly to the concerns of rights owners about any alleged infringement. Please provide us with this information:
• A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Cloud+MD’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Cloud Medical Doctor Software Corporation
1291 W. Galleria Dr., Ste. 200
Henderson, NV 89014
Please note that this procedure is exclusively for notifying Cloud+MD that your copyrighted material has been infringed.
ADDITIONAL Cloud+MD SOFTWARE TERMS
1. Use of the Cloud+MD Software. You may use Cloud+MD Software solely for purposes of enabling you to use and enjoy the Cloud+MD Services as provided by Cloud+MD, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the Cloud+MD Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Cloud+MD Software or otherwise assign any rights to the Cloud+MD Software in whole or in part. You may not use the Cloud+MD Software for any illegal purpose. We may cease providing any Cloud+MD Software and we may terminate your right to use any Cloud+MD Software at any time. Your rights to use the Cloud+MD Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain Cloud+MD Software that are specifically identified in related documentation may apply to that Cloud+MD Software (or software incorporated with the Cloud+MD Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any Cloud+MD Service is the property of Cloud+MD or its software suppliers and protected by United States and international copyright laws.
3. No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Cloud+MD Software, whether in whole or in part, or create any derivative works from or of the Cloud+MD Software.
4. Updates. In order to keep the Cloud+MD Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
5. Export Regulations; Government End Users. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the Cloud+MD Software. If you are a U.S. Government end user, we are licensing the Cloud+MD Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Cloud+MD Software are the same as the rights we grant to all others under these Conditions of Use.