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Terms of Use

MYMEDVIEW, INC., a Tennessee Corporation

dba CometMD


Terms of Use


PLEASE READ THESE TERMS OF SERVICE CAREFULLY

These terms and conditions of use (“Terms of Use”) govern your use of our online interfaces and properties (e.g., websites and mobile applications) owned and controlled by MYMEDVIEW, INC. dba CometMD (“CometMD”), including the www.CometMD.com website (the “Site”) and the services available to users through the Site (“Services”). By using the Services you signify your agreement to (1) these Terms of Use; (2) CometMD’s Telehealth Terms of Service Policy found at PUT WEBSITE LINK TO TELEHEALTH TERMS OF SERVICE HERE and incorporated herein by reference; and (3) CometMD’s Privacy Policy, found at PUT WEBSITE LINK TO PRIVACY POLICY HERE and also incorporated herein by reference. If you do not agree to any of these three (3) Terms of Service listed above, promptly exit the Site and do not use these Services.

YOU ARE ADVISED TO CONSULT A PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL REGARDING ANY HEALTH CARE NEEDS. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.

CometMD does not provide any physicians’ or other providers’ services itself. All of the providers are independent of CometMD and use the Services as a way to communicate with you. Any information or advice received from a provider comes from them alone, and not from CometMD. Neither CometMD, nor any of its subsidiaries or affiliates or any third party who may promote the Services or provide a link to the Services, shall be liable for any professional advice obtained from a health care provider via the Services or for any other information obtained on the Site.

CometMD does not endorse any specific tests, physicians, medications, products or procedures that are recommended by providers that may use CometMD to communicate with you. You acknowledge that your reliance on any health care providers or information provided by health care providers via the Services is solely at your own risk and you assume full responsibility for all risk associated herewith.

CometMD does not make any representations or warranties about the training, skill, knowledge, advice, or recommendations of any health care providers who provide services via the Services. You are ultimately responsible for choosing your health care provider, and your health care provider is ultimately responsible for the advice, care, recommendations, and information given to you.

The Site or the Services may interact with electronic devices that collect your medical information for use by a health care provider. CometMD does not make any representations or warranties about the accuracy, consistency, reliability, or effectiveness of such devices. Your use of or reliance upon, or your health care provider’s use of or reliance upon, such devices is at the risk of you and your health care provider. You and your healthcare provider assume all risk associated with use or reliance of such devices. You further acknowledge and take responsibility for the correct use of such devices and will indemnify and hold harmless CometMD for any injury or loss associated with or arising out of the use, misuse, or incorrect use of such devices.

  1. Ownership of the Site and Related Materials

  2. All pages within the Site and any material made available for download are the property of CometMD, or its licensors or suppliers, as applicable. The Site is protected by United States and international copyright and trademark laws. The content is provided to you AS IS. You shall use the services as intended. You are prohibited from downloading content unless specifically provided for download by CometMD.

  3. Electronic Communications

  4. When you use the Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.

  5. Site Access, Security, and Restrictions
  6. You affirm that you are more than eighteen (18) years of age or are an emancipated minor competent and fully able to enter into the terms, conditions, warranties and representations set forth in these Terms of Service.

    The Site and Services requires use of a personal computer or mobile device that may require storage or space. You are responsible for any Internet connection, mobile fees, or data fees associated with CometMD’s Services.

    If you create an account for the Site, you agree to complete the registration process by providing current, complete, and accurate information as required by CometMD. You are responsible for all activities that occur under your account. In the event access to the Site or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and the password that you provided to CometMD or that was assigned to your account. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Should you believe your account information, username, or password is no longer secure please contact CometMD immediately at support@cometmd.com.

    CometMD will not be liable for any losses caused by unauthorized use of your account. However, you may be liable for the losses of CometMD or others from such unauthorized use. Your access to the Site may be revoked by CometMD at any time with or without cause, subject to compliance with state or federal law.

    CometMD may allow registration to the Site via third party services such as social media. Logging into CometMD from third party services grants CometMD the right to retrieve the profile information including your name, email address, and any other information necessary to set up your account. The third party’s use of your information is subject to the third party’s privacy policy, not CometMD’s privacy policy.

    CometMD offers services to the United States of America. CometMD makes no representations or warranties that its services are available, appropriate, or authorized for use in other locations.

    You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.

    You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

    Violations of system or network security may result in civil or criminal liability. CometMD will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.

  7. User Information
  8. If you submit, upload, post or transmit any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images or other materials to us or our Site (“User Information”), you agree not to provide any User Information that (1) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component.

    You agree not to contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to CometMD that you have the legal right and authorization to provide all User Information to CometMD for use as set forth herein and required by CometMD.

  9. No Medical Advice or Services
  10. YOU ARE ADVISED TO CONSULT A PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL REGARDING ANY HEALTH CARE NEEDS. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.

    THE CONTENT OF THE SITE AND THE SERVICES, INCLUDING WITHOUT LIMITATION, TEXT, COPY, AUDIO, VIDEO, PHOTOGRAPHS, ILLUSTRATIONS, GRAPHICS AND OTHER VISUALS, IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR RECOMMENDATIONS OF ANY KIND. YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR QUALIFIED HEALTH CARE PROFESSIONALS WITH ANY QUESTIONS OR CONCERNS YOU MAY HAVE REGARDING YOUR INDIVIDUAL NEEDS AND ANY MEDICAL CONDITIONS. ALL INFORMATION CONTAINED ON THE SITE IS INTENDED TO BE FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND IS IN NO WAY INTENDED TO CREATE A PHYSICIAN – PATIENT RELATIONSHIP AS DEFINED BY STATE AND FEDERAL LAW BETWEEN YOU AND COMETMD. THE SITE AND SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL DIAGNOSIS OR TREATMENT. RELIANCE ON ANY INFORMATION APPEARING ON THE SITE, WHETHER PROVIDED BY COMETMD, ITS CONTENT PROVIDERS, CLIENTS, VISITORS TO THE SITE OR OTHERS, IS SOLELY AT YOUR OWN RISK. COMETMD DOES NOT PROVIDE MEDICAL SERVICES AND THE PHYSICIAN-PATIENT RELATIONSHIP IS BETWEEN YOU AND YOUR HEALTH CARE PROVIDER. ALL HEALTH CARE PROVIDERS IDENTIFIED OR ACCESSIBLE ON THE SITE ARE INDEPENDENT PROVIDERS AND ARE NOT EMPLOYED BY OR AFFILIATED WITH COMETMD.

  11. License and Access
  12. Subject to your compliance with these Terms of Use, CometMD 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 Services. This license does not include any resale or commercial use of the Services or content thereof; any collection and use of any service listings, descriptions, or prices; any derivative use of the Services or content thereof; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use are reserved and retained by CometMD or its licensors, suppliers, publishers, rights holders, or other content providers. No part of the Services may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of CometMD. 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 CometMD without express written consent. You may not use any meta tags or any other “hidden text” utilizing CometMD’s name or trademarks without the express written consent of CometMD. You may not misuse the Services. You may use the Services only as permitted by law. The licenses granted by CometMD terminate if you do not comply with these Terms of Use.

    The Contents of the Site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by CometMD. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, Content or other proprietary information (including; images, text, page layout, or form) of CometMD without our express written consent.

  13. Accuracy and Integrity of Information
  14. Although CometMD attempts to ensure the integrity and accurateness of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform CometMD so that it can be corrected.

  15. Links to Other Sites
  16. CometMD shall have no responsibility or liability for information or Content posted to the Site by any third party. CometMD makes no representations whatsoever about any other website that you may access through this Site. When you access a non-CometMD site, please understand that it is independent from CometMD, and that CometMD has no control over the Content on that website. In addition, a link to a non-CometMD website does not mean that CometMD endorses or accepts any responsibility for the Content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third-party sites linked to this Site, you do this entirely at your own risk.

  17. Claims of Copyright Infringement
  18. We disclaim any responsibility or liability for copyrighted materials posted on our site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below. CometMD respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to MYMEDVIEW’s Designated Copyright Agent, identified below.

    If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice (“Notice”) complying with the following requirements.

    1. If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice (“Notice”) complying with the following requirements.
    2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
    3. Provide your mailing address, telephone number, and, if available, email address.
    4. Include both of the following statements in the body of the Notice:
      • “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
      • “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
    5. 5. Provide your full legal name and your electronic or physical signature. Deliver this Notice, with all items completed, to info@cometmd.com

  19. Disclaimer of Warranties
  20. COMETMD DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. COMETMD DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.

    YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE SERVICES, AND ANY LINKED WEBSITES. COMETMD DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.

  21. Limitation of Liability Regarding Use of Site
  22. COMETMD AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, THE SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND THE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF COMETMD TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $1,000 (ONE THOUSAND DOLLARS).

  23. Dispute Resolution; Governing Law; Venue
  24. CometMD will try work in good faith to resolve any issue you have with Site if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction. In the event we cannot resolve a dispute between us, you agree that all matters related to any use or access of the Site, the Services or any other CometMD site will be governed by the laws of the State of Tennessee, without regard to its conflicts of laws rules.

    Any claims or controversies arising out of these Terms of Use, and/or the related use and access of the Site, the Services or any other CometMD site or product, may only be brought in the state or federal courts located in Knox County, Tennessee. You agree to submit to the exclusive personal jurisdiction of such courts and agree to waive any objection that the state or federal courts of Knox County, Tennessee are an inconvenient forum. Should legal action arise from your use of the Site or Services, the prevailing party shall be entitled to recover from the non-prevailing party, in addition to all sums to which it is entitled or any other relief, at law or in equity, reasonable attorneys’ fees and costs of litigation.

  25. Force Majeure
  26. We will not be deemed to be in breach of these terms or liable for any breach of these Terms of Use due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire or other disaster.

  27. Indemnity
  28. You agree to defend, indemnify and hold CometMD harmless from and against all third-party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by CometMD arising out of your breach of these Terms of Use or violation of applicable law, or access by anyone accessing the Site using your user ID and password.

  29. Right to Modify Revisions
  30. In its sole discretion, CometMD may from time-to-time revise these Terms of Use, which shall be effective immediately upon posting. You agree to periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Any use of the Site after such changes will be deemed an acceptance of those changes. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site.

  31. Waiver
  32. CometMD’s failure to insist upon strict enforcement of any provision of these Terms of Use shall not be construed as a waiver of any such provision or right. Any waiver by CometMD of any right or provision herein shall only be by a writing signed by an authorized officer of CometMD.

  33. Assignment
  34. You may not assign any of your rights, obligations or privileges hereunder without the prior written consent of CometMD. Any assignment other than as provided for in this Section shall be null and void, ab initio.

  35. Severability
  36. If any provision of these Terms of Use is found to be unlawful or unenforceable in any respect, a court shall reform such provision so as to render it enforceable or, if it is not possible to reform such provision so as to make in enforceable, then delete such provision. As so reformed or modified, the court shall fully enforce these Terms of Use.

  37. Entire Agreement
  38. THESE TERMS OF USE CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES WITH RESPECT TO THE SUBJECT MATTER ADDRESSED HEREIN, AND NO OTHER AGREEMENT, WRITTEN OR ORAL, EXISTS BETWEEN YOU AND COMETMD IN THAT REGARD.