LiveMDexpert is a community of users and Healthcare experts that provide either free or for fee information related to healthcare issues.
LiveMDExpert's Terms and Conditions
 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. 
The Terms and Conditions set forth below (the "Terms ") govern your use of the website at www.livemdexpert.com (the "Site") of LiveMDExpert (“LIVEMDEXPERT”) which is owned, operated, licensed, or controlled by HBRLABS, Inc.. By using this Site, you indicate your acceptance of these Terms.  If you do not agree with all of these Terms, do not use this Site. LiveMDExpert DOES NOT PROVIDE MEDICAL ADVICE.


THE CONTENT OF THE SITE, SUCH AS TEXT, GRAPHICS, IMAGES AND INFORMATION OBTAINED FROM LIVEMDEXPERT'S MEDICAL PARTNERS, SPONSORS, ADVERTISERS, LICENSORS, AND OTHER MATERIAL (COLLECTIVELY THE “CONTENT”) IS FOR INFORMATIONAL PURPOSES ONLY. THE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION.


IF YOU ARE THINKING ABOUT SUICIDE, HAVE A MEDICAL EMERGENCY OR FEEL THAT YOU MAY BE A DANGER TO YOURSELF OR TO OTHERS, PLEASE IMMEDIATELY CALL 911 (OR THE RELEVANT EMERGENCY NUMBER IN YOUR COUNTRY) AND NOTIFY THE POLICE OR EMERGENCY MEDICAL SERVICES.


 LiveMDExpert does not recommend or endorse any specific tests, medications, products, procedures, opinions, or other information that may be mentioned on, or provided through, the Site. Reliance on any information provided by  LiveMDExpert, its employees, others appearing on the Site at the invitation of LiveMDExpert, or other visitors to the Site is solely at your own risk. 

 
 
Definition Of Service  

LiveMDExpert provides a venue where a user can request medical information and locate individuals, including but not limited to doctors, who provide medical information (“Consultant”). LiveMDExpert will enable you to participate anonymously in our Site’s forums and to anonymously communicate with Consultants directly by paying for such medical information you will receive from such Consultant . Please note that to the extent that you pay by credit card, you shall provide us with your true and accurate personal information (such as your first and last name) however, such personal information shall not be disclosed to the Consultant. The specific features and functionality of the Site are to be determined solely by LiveMDExpert and are subject to change or termination without notice. LiveMDExpert makes no representation or warranty whatsoever as to the willingness or ability of any Consultant to give medical information, or that you shall find the medical information given by a Consultant satisfactory. We do not warrant the credentials or background of any Consultants.  You are encouraged to verify the skills, degree and background of those Consultants from whom you receive or contemplate to receive medical information.

 
 
User Warranties  

By using the Site, you warrant and declare the following:

  • You are at least 18 years of age;
  • The information furnished in the registration form is accurate, true and complete, and you will maintain and update such information during the term of these Terms so that it will remain true, accurate, current and complete.
 
 
Copyright and Trademark Information  

The Site, and the information which it contains including all User Submissions (as defined below), are the property of LiveMDExpert and its affiliates and licensors, and are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws.
“LiveMDExpert“ and other marks are trademarks and/or service marks of HBRLabs Inc. or its affiliates. All other trademarks, service marks, and logos used on Site are the trademarks, service marks or logos of their respective owners.

 
 
Use OF LiveMDExpert Content  

LiveMDExpert authorizes you to view or download a single copy of the material on the Site solely for your personal, noncommercial use provided that you do not remove the copyright and other proprietary rights notices which were contained in the Content. Any special rules for the use of certain software and other items provided on the Site may be included elsewhere within the Site and are incorporated into these Terms by reference.
The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with LiveMDExpert or its licensors. Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of LiveMDExpert. All rights not expressly granted herein are reserved to LiveMDExpert and its licensors.
Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Site or any documents displayed on this Site, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with the prior written permission of LiveMDExpert or such third party that may own copyrights in material displayed on this Site.
If you violate any of these Terms, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

 
 
Limitation of Liability / Disclaimer of Warranties  

THE FOLLOWING SECTION REGARDING LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES SHALL APPLY WHETHER OR NOT THE SERVICES PROVIDED UNDER THE SITE ARE FOR PAYMENT.
IN NO EVENT WILL LIVEMDEXPERT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, ATTORNEYS, REPRESENTATIVES, PARTNERS, SPONSORS, ADVERTISERS OR OTHER AFFILIATED PERSONS OR CONSULTANTS OR OTHERS WHO HAVE PROVIDED INFORMATION VIA THE SITE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE SITE. YOU WILL HOLD LIVEMDEXPERT ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, ATTORNEYS, REPRESENTATIVES, PARTNERS, SPONSORS, ADVERTISERS OR OTHER AFFILIATED PERSONS OR CONSULTANTS OR OTHERS PROVIDING INFORMATION HARMLESS FOR ANY SUCH ACTIONS OR DECISIONS TAKEN BY YOU IN RELIANCE UPON SUCH INFORMATION.
WHEN USING THE SITE, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM WHICH IS BEYOND THE CONTROL AND JURISDICTION OF LIVEMDEXPERT, ITS PARTNERS, ADVERTISERS, SPONSORS, SUPPLIERS, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS AND SUB-CONTRACTORS. ACCORDINGLY, LIVEMDEXPERT ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, CONFIDENTIALITY OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE SITE. YOU ARE ADVISED NOT TO DISCUSS PERSONAL CONFIDENTIAL MEDICAL INFORMATION ON THIS SITE.
THE SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS AND THEREFORE YOU WILL NOT HAVE ANY CLAIM OR DEMAND VIS-A-VIS LIVEMDEXPERT IN RESPECT TO THE SITE’S PROPERTIES, LIMITATIONS OR COMPATIBILITY WITH YOUR NEEDS.  LIVEMDEXPERT, ITS PARTNERS, ADVERTISERS, SPONSORS, SUPPLIERS, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS AND SUB-CONTRACTORS, AND CONSULTANTS AND OTHERS PROVIDING INFORMATION, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, CONFIDENTIALITY AND FITNESS FOR PARTICULAR PURPOSE.
SPECIFICALLY, LIVEMDEXPERT, ITS LICENSORS, AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS WITH REGARD TO THE CONTENT CONTAINED ON THE SITE.
UNDER NO CIRCUMSTANCES WILL LIVEMDEXPERT, ITS PARTNERS, ADVERTISERS, SPONSORS, SUPPLIERS, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS AND SUB-CONTRACTORS, OR CONSULTANTS OR PROVIDERS OF INFORMATION BE LIABLE TO ANY USE OF THE SITE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING FROM ANY PROVISION OF THESE TERMS. THE AGGREGATE LIABILITY OF LIVEMDEXPERT, ITS PARTNERS, ADVERTISERS, SPONSORS, SUPPLIERS, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS AND SUB-CONTRACTORS, AS WELL AS CONSULTANTS OR PROVIDERS OF INFORMATION FOR DIRECT DAMAGES ARISING WITH RESPECT TO THESE TERMS WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU TO LIVEMDEXPERT THROUGH THE SITE IN THE SIX MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE. LIVEMDEXPERT WILL NOT BE LIABLE FOR ENFORCING ANY AGREEMENT THAT WAS MADE BETWEEN YOU AND A CONSULTANT. YOU WILL BE SOLELY RESPONSIBLE FOR ANY AGREEMENT MADE WITH A CONSULTANT. 

IN THE EVENT OF A DISPUTE REGARDING ANY TRANSACTION CONDUCTED THROUGH THE SITE, YOU HEREBY RELEASE LIVEMDEXPERT, ITS PARTNERS, ADVERTISERS, SPONSORS, SUPPLIERS, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS AND SUB-CONTRACTORS, FROM ALL MANNER OF ACTIONS, CLAIMS OR DEMANDS AND FROM ANY AND ALL LOSSES (DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL), DAMAGES, COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEYS' FEES, WHICH YOU MAY HAVE AGAINST ONE OR MORE OF THE ABOVE.
You acknowledge that the Consultants or others providing information through the Site are not employees or agents of LiveMDExpert and LiveMDExpert assumes no responsibility for any act or omission of any Consultant. You understand and agree that, although Consultants may have been accessed through the Site, LiveMDExpert cannot predict or assess the competence of, or appropriateness for your needs, of the Consultant. You also understand that you take full responsibility for the decision to access to Consultants through the Site and to continue to interact with the Consultants, and that the role of LiveMDExpert is strictly limited to providing access to Consultants and the information via the Site.

 
 
Indemnification  

By using the Site you agree to indemnify and hold LiveMDExpert, its officers, directors, employees, affiliates, agents, attorneys, representatives, Consultants and other information providers, and other users harmless from any and all losses, damages, liabilities, claims, demands, suits, or causes of action (including reasonable attorneys’ fees and costs) arising from: (a) any breach of any representation, warranty, covenant or agreement to be performed by you according to these Terms (b) your refusal to pay for services provided by the Site; (c) any materials that you posted on the Site or transmitted through it, or (d) your use or misuse of the Site.

 
 
User Submissions  
  1. The Site permits the submission of Content by you and other users ("User Submissions") and the hosting, sharing and publishing of such User Submissions. You understand that whether or not such User Submissions are published, LiveMDExpert does not guarantee any confidentiality with respect to any User Submissions.
  2. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You represent and warrant that you own or have the necessary rights and permissions to use and authorize LiveMDExpert to use all copyright, trademark or other proprietary rights in and to any User Submissions to enable inclusion and use thereof as contemplated by the Site and these Terms. You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to LiveMDExpert, you hereby grant LiveMDExpert a worldwide, non-exclusive, royalty-free, perpetual, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Site and  LiveMDExpert's (and its successors’) business, including without limitation for redistributing part or all of the User Submission (and derivative works thereof) in any media formats and through any media channels.
  3. You will be solely and fully liable for all conduct, postings and transmissions that are made by you. You agree that while using the LiveMDExpert Site:
  4. you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the User Submission and to grant LiveMDExpert all of the license rights granted herein;
  5. you will not publish falsehoods or misrepresentations that could damage LiveMDExpert or any third party;
  6. you will not submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any local, state, federal, or international laws, or is otherwise inappropriate;
  7. you will not post advertisements or solicitations of business;
  8. you will not impersonate another person or entity or make any false statement regarding your employment, agency or affiliation with any person or entity;
  9. you will not disobey or breach these Terms or any other applicable instructions conveyed by LiveMDExpert and its officers;
  10. you should not post or disclose full name(s), e-mail addresses, telephone numbers or any other confidential or personally identifiable information of yourself or any person(s) or entities on the Site or to the Consultants;  If you do, LiveMDExpert assumes no responsibility for maintaining the confidentiality of such information.
  11. LiveMDExpert is not involved in any transactions between you and the Consultants. LiveMDExpert does not control the quality or relevance of the medical information, whether the Consultant is qualified to provide the specific information, whether the Consultant is categorized correctly or in the most appropriate category to provide the medical information sought by you, the accuracy of any postings or medical information on the Site or transmissions through it by you or the Consultant. In addition, LiveMDExpert cannot and will not make any effort to verify the identity of any of the Consultants; 
  12. you will not post links to other websites or individuals, without prior written permission from LiveMDExpert;
  13. you will not mislead the Consultant to believe that you will pay for medical information but then  not follow through with payment;
  14. you will not register under more than one name and/or e-mail address;
  15. you will not distribute viruses or other harmful computer code; 
  16. you will not allow any other person or entity to use your username or password for posting or viewing comments;
  17. you will have the sole responsibility to verify the Consultant's identity, qualifications, biographic information, licenses held, and other information delivered to you by the Consultant;
  18. you will not attempt to gain unauthorized access to other computer systems or networks connected to the Site, and will not transmit "junk mail", “spam”, or any unsolicited mass distribution of email or bulletin board postings; and
  19. LiveMDExpert enables the transfer of files between you and Consultants. When opening such file attachments received from Consultants it is your responsibility to scan them with an anti-virus software application prior to opening them.

LiveMDExpert does not endorse any User Submission or any opinion, recommendation, product, prescription or advice expressed therein, and LiveMDExpert expressly disclaims any and all liability in connection with User Submissions.

  1. You understand that when using the Site, you will be exposed to User Submissions from a variety of sources, and that LiveMDExpert is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against LiveMDExpert with respect thereto, and agree to indemnify and hold LiveMDExpert, its owners, affiliates, employees, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.

 

 
 
LiveMDexpert Fees  

You are obligated to report to LiveMDExpert in cases when you were billed directly by a Consultant (i.e. not through LiveMDExpert). Such report should include a description of the service that was rendered by the Consultant and the price charged. 

 
 
Links  

The Site may contain links to web sites operated by third parties. LiveMDExpert has no control over such sites and the information provided in them. You acknowledge and agree that LiveMDExpert is not responsible for the availability of such third party web sites and will not be responsible or liable for any content, advertising, products, privacy policy or other materials contained therein. You warrant and agree that LiveMDExpert will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, products or services available on or through any third party web sites. LiveMDExpert encourages you to be aware when you leave the Site and to read the privacy statements of each and every web site that collects personally identifiable information.

 
 
Advertisements  

LiveMDExpert may include in the Site advertisements on its own behalf or paid advertisements on behalf of interested companies and/or individuals. By clicking on the advertisements, you may be shifted to a web site of the advertiser or receive other messages, information or offers from the advertiser. 
You agree and understand that LiveMDExpert will display ads and/or other information adjacent to and related to the User Submissions you submit and to communications between you and the Consultant. LiveMDExpert serves relevant ads using a completely automated process that enables LiveMDExpert to effectively target dynamically changing content. No human will read your User Submission in order to target such advertisement or other information without your consent, and LiveMDExpert will not provide any personally identifiable information to advertisers as part of the service.
You acknowledge and agree that LiveMDExpert is not liable for the privacy practices of advertisers or the content of their web sites, information, messages or offers. You are wholly liable for all communications with advertisers and for all transactions subsequently executed.

 
 
Modifications and Termination of LiveMDexpert Site  

LiveMDExpert reserves the right to modify or discontinue, temporarily or permanently, the services on the Site, with or without notice to you. You agree that LiveMDExpert shall not be liable to you or any third party for any modification or discontinuance of the Site’s services, or for any losses or damages that may result to you from such discontinuation or interruption of service. 
 LiveMDExpert’s services depend on various factors such as software, hardware and communications networks of LiveMDExpert, its contractors and suppliers. Hence, LiveMDExpert cannot guarantee that the Site’s service will be uninterrupted or that it will be timely, secure or error-free.
LiveMDExpert, in its sole discretion and for any reason, may terminate your participation in the Site and refuse any and all current or future use by you of the Site. 

 
 
Enforcement of the rules  

LiveMDExpert reserves the right (but is not obligated) to do any or all of the following:

  1. Record the dialogue in public chat rooms.
  2. Investigate an allegation that a communication does not conform to these Terms and determine in its sole discretion to remove or request the removal of the communication.
  3. Remove communications which it determines, in its sole discretion, to be abusive, illegal, or disruptive, or that otherwise fail to conform to these Terms.
  4. Terminate a user's access to any or all the Site upon any breach of any of these Terms or otherwise.
  5. Terminate a user’s access to any or all the Site if the user’s registration information and/or e-mail address is no longer valid.
  6. Monitor, edit, or disclose any User Submission.
  7. Edit or delete any communication posted on the Site, regardless of whether such communication violates these standards.
LiveMDExpert reserves the right to take any other action it deems necessary to protect the personal safety of our guests, visitors, or the public.  
 
 
Copyright Agent  

If you believe any materials accessible on or from this Site infringe your copyright, you may request removal of those materials (or access thereto) from this Site by contacting  LiveMDExpert 's copyright agent (identified below) and providing the following information:

  1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
  2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
  3. Your name, address, telephone number and (if available) e-mail address.
  4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
  5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
  6. A signature or the electronic equivalent from the copyright holder or authorized representative.

 LiveMDExpert 's agent for copyright issues relating to this web site is as follows:
Copyright Agent:
9045 La Fontana Blvd
Suite 14B
Boca Raton, FL 33434

 
 
Children's Privacy  

LiveMDExpert conforms to the Children’s Online Privacy Protection Act [COPPA]. We will never knowingly request personally identifiable information from anyone under the age of 13 without parental consent. When we do receive information (with parental consent) from users under the age of 13, we will never voluntarily share their personally identifiable information with third parties, regardless of their stated preference given at registration. Please also see our separate privacy policy.

 
 
Passwords  

If you want to receive medical information directly from a Consultant (i.e., information which will not be posted on the Site) you should register as a member of the Site. You are responsible for maintaining the confidentiality of the means that were given to you in order to use the Site, including password and user name, and are fully responsible for all activities that occur under such means. You shall immediately notify LiveMDExpert of any unauthorized use of your password, user name, e-mail, or any other breach of security. LiveMDExpert encourages you to change your password at least once a month.
LiveMDExpert may review your personal profile and amend any typing or spelling errors. LiveMDExpert cannot and will not examine the validity or accuracy of the details in your personal profile or in any of your postings or transmissions.

 
 
Notice  

Any notice or other communication to be given hereunder will be in writing and given by facsimile, registered or certified mail, return receipt requested, or electronic mail. The date of receipt shall be deemed the date on which such notice is given.

 
 
Disclosure  

We reserve the right to access, read, preserve, and disclose any User Submission or any other information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (b) enforce these Terms, including investigation of potential violations of it, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of LiveMDExpert, its users and the public.

 

 
 
No Assignment  

You shall not assign your rights and obligations according to these Terms, in whole or in part, whether voluntarily or by operation of law, without the prior, written consent of LiveMDExpert. Any purported assignment by you without the appropriate prior written approval will be null and void and of no force or effect. 

 
 

General

 

Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer or employee of the other. These Terms shall be interpreted only in accordance with the laws of the State of New York (excluding any rules governing choice of laws), and any legal proceeding arising out these Terms will occur exclusively in the courts located in New York, New York. These Terms will be binding and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. These Terms (and the policies referenced herein and incorporated by reference) constitute the entire agreement between LiveMDExpert and you with respect to the subject matter hereof, and you have not relied upon any promises or representations by LiveMDExpert with respect to the subject matter except as set forth herein.

No amendment to these Terms will be effective unless made in writing. The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof. If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of these Terms will remain in full force and effect.

LiveMDExpert makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms for any reason whatsoever: Limitation of Liability/ Disclaimer of Warranties, Indemnification, User Submissions, Notices, No Assignment and General.

 
 
Contact liveMDexpert  

HBR Labs
9045 La Fontana Blvd
Suite 14B
Boca Raton,
FL 33434
U.S.A.

 
 
Last modified March , 2007