Last revision: Dec 7, 2017
Use of the Site.
SaluberMD, LLC (“SaluberMD”, “we”, “us”, or “our”) operates the website located
at www.salubermd.com and other related websites and mobile applications with links to these
The Healthcare Professionals who deliver Services through SaluberMD are independent professionals practicing within a group of independently owned professional practices collectively known as “SaluberMD Professionals”. SaluberMD, LLC does not practice medicine or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession by Healthcare Professionals, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither SaluberMD nor any third parties who promote the Services or provide you with a link to the Services shall be liable for any professional advice you obtain from a Healthcare Professional via the Services.
None of the Site content (other than information you receive from Healthcare Professionals) should be considered medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you.
When you register on the Site, you are required to create an account (“Account”) by entering your name, email address, password and certain other information collected by SaluberMD (collectively “Account Information”). To create an Account, you must be of legal age to form a binding contract. If you are not of legal age to form a binding contract, you may not register to use our Services. You agree that the Account Information that you provide to us at all times, including during registration and in any information you upload to the Site, will be true, accurate, current, and complete. You may not transfer or share your Account password with anyone, or create more than one Account (with the exception of subaccounts established for children of whom you are the parent or legal guardian). You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account.
SaluberMD reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Site and your Account Information. In no event and under no circumstances shall SaluberMD be held liable to you for any liabilities or damages resulting from or arising out of your use of the Site, your use of the Account Information or your release of the Account Information to a third party. You may not use anyone else's account at any time.
Fees and Purchase Terms
You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. By providing SaluberMD with your credit card number or PayPal account and associated payment information, you agree that SaluberMD is authorized to immediately invoice your account for all fees and charges due and payable to SaluberMD hereunder and that no additional notice or consent is required. If your health plan, employer or agency has arranged with SaluberMD to pay the fee or any portion of the fee, or if the fee is pursuant to some other arrangement with SaluberMD, that fee adjustment will be reflected in the fee that you are ultimately charged. Please check with your employer, health plan or agency to determine if any Services will be reimbursed.
If you do not have insurance coverage for Services, or if your coverage is denied, you acknowledge and agree that you shall be personally responsible for all incurred expenses. SaluberMD offers no guarantee that you shall receive any such reimbursement.
WE WILL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEBSITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, NOR FOR YOUR USE OF SUCH INFORMATION, SOFTWARE OR LINKS, NOR FOR THE ACTS OR OMISSIONS OF ANY SUCH WEBSITES OR THEIR RESPECTIVE OPERATORS.
Certain of the names, logos, and other materials displayed on the Site or in the Services may constitute trademarks, trade names, service marks or logos ("Marks") of SaluberMD or other entities. You are not authorized to use any such Marks without the express written permission
of SaluberMD. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.
You may deactivate your Account and end your registration at any time, for any reason by sending an email to email@example.com
. SaluberMD may suspend or terminate your use of the Site, your Account and/or registration for any reason at any time. Subject to applicable law, SaluberMD reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Site pursuant to its internal record retention and/or content destruction policies. After such termination, SaluberMD will have no further obligation to provide the Services, except to the extent we are obligated to provide you access to your health records or Healthcare Professionals are required to provide you with continuing care under their applicable legal, ethical and professional obligations to you.
Right to Modify
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SITE OR SERVICES IS AT YOUR SOLE RISK. BOTH THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SALUBERMD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION.
SaluberMD makes no representation that all products, services and/or material described on the Site, or the Services available through the Site, are appropriate or available for use in locations outside the United States or all territories within the United States.
All Health Professionals on the Site hold professional licenses issued by the professional licensing boards in the states where they practice. All physicians and psychologists hold advanced degrees in either medicine or psychology and have undergone postgraduate training. You can report a complaint relating to the care provided by a Healthcare Professional by contacting the professional licensing board in the state where the care was received. In a professional relationship, sexual intimacy is never appropriate and should be reported to the board or agency that licenses, registers, or certifies the licensee.
You can find the contact information for each of the state professional licensing boards governing medicine on the Federation of State Medical Boards website at http://www.fsmb.org/state-medical-boards/contacts
and governing psychology on the Association of State and Provincial Psychology Boards website at http://www.asppb.net/?page=BdContactNewPG
Any clinical records created as a result of your use of the Services will be securely maintained by SaluberMD on behalf of SaluberMD Professionals for a period that is no less than the minimum number of years such records are required to be maintained under state and federal law, and which is typically at least six years.
SaluberMD devotes considerable effort to optimizing signal strength and diagnosis deficiencies but is not responsible for the internet or data bandwidth and signal of your mobile device.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on the Site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter- notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA.
One place to find more information is the U.S. Copyright Office Web site, currently located at http://www.loc.gov/copyright
. In accordance with the DMCA, SaluberMD has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to SaluberMD LLC c/o Baily & Glasser, LLP, ATTN: Brian Glasser, 209 Capitol Street, Charleston, West Virginia 25301.