Terms of Use

TERMS OF USE

Updated: August 24, 2020

 AGREEMENT TO TERMS

By using this website or services, you represent that you are at least 18 years of age and that you have the legal capacity to be bound by these Terms of Use. If you disagree with any part of these Terms of Use, then you may not access this website.

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and LymeDocs (“Company”, “we”, “us”, or “our”), concerning your access to and use of the LymeDocs website, located at lymedocs.com, as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use. Supplemental terms and conditions or documents that may be posted on the Site from time to time are expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by modifying the “Updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

  1. WEBSITE CONTENT & LINKS
  2. a) Informational Purposes Only

The information contained in the website is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other qualified health care professional. You should not use any information available on or through the Site including but not limited to, information that may be provided/written by health professionals for diagnosing or treating a health problem, disease, or prescribing any medication, taking dietary supplements and undergoing various lab testing. It is very important that you discuss all medical history including, but not limited to: medications, current health issues, prior health issues, symptoms, and any other health-related matters with your doctor or qualified health professional, prior to making any health related changes. The information and content on the Site has not been evaluated by the Food and Drug Administration or medical professionals unless specifically stated.

  1. b) Third-Party Links

To offer more value to our visitors, we will post certain links that are not owned, operated or controlled by LymeDocs. LymeDocs is not responsible for the availability of such third party external sites or resources. LymeDocs does not endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials, advertising, products, services, or other information located or accessible from any other websites, or the results that you may obtain from using any other such materials, products or services. Linked third party sites are subject to a separate privacy policy and terms of use – please refer to such sites’ terms and conditions of use. Access them at your own risk.

  1. c) Affiliate Links

Certain links are affiliate links for which LymeDocs receives a small commission from sales, without any extra cost to you. LymeDocs has no control over affiliate sites, makes no representations, and shall have no liability or responsibility regarding the content and any advice, opinions, products and services offered via such websites. Affiliate sites are subject to a separate privacy policy and terms of use – please refer to such sites’ terms and conditions of use. We offer these links for your convenience. Access them at your own risk.

  1. INTELLECTUAL PROPERTY
  2. a) Proprietary Property

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. Except as expressly provided in these Terms of Use, no part of the Site and no content, products, services and information may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site.

  1. b) Linking to this website

Creating any link from another website to any page, post or service on this Site without our prior approval and written permission is prohibited. Running or displaying this Site, or any information or services displayed on this Site in frames or through similar means on any other website, without our prior written permission, is prohibited.

  1. c) User Representations & Warranties

By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use;  (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

  1. d) Restrictions on Use

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us in writing.

You must not:

  • Republish material from LymeDocs without our written permission unless further notified
  • Sell, rent or sub-license material from LymeDocs
  • Reproduce, duplicate or copy material from LymeDocs
  • Redistribute content from LymeDocs (what about sharing links?)
  1. e) Comments

Certain parts of this Site offer an opportunity for users to post and exchange opinions and information. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the service offerings (“Comments”) provided by you to us are non-confidential and shall become our sole property.

We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Comments for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Comments. You hereby grant LymeDocs ownership of any Comments to use, reproduce, edit and authorize others to use, reproduce and edit any of your comments in any and all forms, formats or media.

Comments do not reflect the views and opinions of LymeDocs, its agents, healthcare providers and/or affiliates. Comments reflect the views and opinions of the user who posts their views and opinions. To the extent permitted by applicable laws, LymeDocs shall not be liable for Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of Comments on this Site.

If and when you submit any information to or through the Site, you are responsible for your communication and any resulting consequences from your communication and the communication to and from a third-party website and/or third party person. For all Comments, you warrant and represent that:

  • You are entitled to post Comments on our Site and have all necessary licenses and consents to do so
  • Comments do not infringe any intellectual property right of third parties, including without limitation copyright, patent, trademark, trade secret or any confidential information
  • Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material and do not cause injury to any third party
  • Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
  • Comments are accurate and do not violate the Terms of Use

LymeDocs reserves has the right, but not the obligation, to monitor and edit or remove any activity or content which may be considered inappropriate, offensive or causes breach of these Terms of Use. LymeDocs takes no responsibility and assumes no liability for any Comments posted by you or any third party.

  1. e) Testimonials

Parts of this Site offer an opportunity for users to post and exchange opinions and information in the form of testimonials. You are encouraged to share with us your testimonials based on your experience which can help other users learn about your positive experiences. Testimonials do not reflect the views and opinions of LymeDocs. Testimonials reflect the views and opinions of the person providing the testimonial.

We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these testimonials for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such testimonials. You hereby grant LymeDocs ownership of any testimonials to use, reproduce, edit and authorize others to use, reproduce and edit any of your comments in any and all forms, formats or media.

Testimonials do not reflect the views and opinions of LymeDocs, its agents, healthcare providers and/or affiliates. Testimonials reflect the views and opinions of the user who posts their views and opinions. To the extent permitted by applicable laws, LymeDocs shall not be liable for testimonials or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of testimonials on this Site.

The testimonials provided on the Site will be published anonymously to protect the privacy of the user providing the testimonial unless the user grants us permission to disclose personal information.

To provide and/or view testimonials on the site, you warrant and represent that:

  • Testimonials do not infringe any intellectual property right third parties, including without limitation copyright, patent, trademark, trade secret or any confidential information
  • Testimonials do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material and do not cause injury to any third party
  • The testimonial will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
  • Testimonials shall not provide any information including cost and/or expenses incurred. Costs and/or expenses should be fully discussed with the health care provider or office of the healthcare provider prior to creating an appointment with a healthcare provider.
  • Testimonials provided on this Site do not guarantee results from health care providers, as individual results may vary.
  • LymeDocs shall not be liable for the testimonials or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the testimonials on this Site.

LymeDocs reserves the right, but not the obligation, to monitor, edit or remove any activity or content which may be considered inappropriate, offensive or causes breach of these Terms of Use. LymeDocs takes no responsibility and assumes no liability for any testimonials posted by you or any third party.

  1. SERVICES

As a convenience to users, the Site offers a variety of services and links to service providers.

  1. a) Accuracy

We make every effort to display as accurately as possible the content, information, services and products offered on the site, features, specifications, and details of the products and services available on the Site. However, we do not guarantee that the features, specifications, and details of the products and services will be accurate, complete, reliable, current, or free of other errors. Your electronic display may not accurately reflect the actual details of the products and services.

  1. b) Availability/Pricing

All products and services are subject to availability, and we cannot guarantee that services and/or products will be available in a timely manner. We reserve the right to discontinue any products and/or services at any time for any reason. Prices for all products and/or services are subject to change.

  1. c) Purchases and Payment 

You agree to provide current, complete, and accurate purchase and account information for any and all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time.

You agree to pay all charges at the prices then in effect for your purchases and any applicable fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel purchases made on or through the Site. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

  1. d) Electronic Communications. Transactions and Signatures

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

  1. ed) User Data

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.

  1. SITE MANAGEMENT

Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or the Services/Marketplace Offerings or to supply any corrections, updates, or releases in connection therewith.

  1. a) Modifications and Interruptions

We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We cannot guarantee the Site and the Services/Marketplace Offerings will be available at all times. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Services/Marketplace

  1. b) Misuse of the Site

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any Comments, testimonials or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the Marketplace Offerings.

  1. c) Corrections

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Marketplace Offerings, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information/services on the Site at any time, without prior notice.

  1. TERM AND TERMINATION
  2. a) Term

These Terms of Use shall remain in full force and effect while you use the Site.

  1. b) Termination

Without limiting any other provision of these Terms of Use, we reserve the right to deny access to, and use of, the Site and the MarketPlace Offerings (including blocking certain IP addresses) to any person and for any reason, including without limitation, for breach of any representation, warranty or covenant included in these Terms of use, or of any applicable law or regulation. Any such termination shall be in our sole discretion and without notice to you, and shall incur no liability on our part.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

  1. WARRANTIES & LIMITATIONS OF LIABILITY
  2. a) Site Provided “AS IS”

This Site is provided “AS IS” and “AS AVAILABLE.” Your use of the Site and its service are at your own risk. LymeDocs disclaims all warranties, express or implied, in connection  with the Site and your use thereof, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

  1. b) Informational Purposes Only – No Medical Advice

All information presented on this website is intended for informational purposes only and not for the purpose of rendering medical advice. Neither LymeDocs, nor the publisher of the Site’s content, take responsibility for possible health consequences for any person or persons reading or using the information on this Site. The information contained herein is not intended to diagnose, treat, cure or prevent any disease. Always talk to your doctor or qualified health provider with any questions you have regarding any medical conditions, treatments, medications and prior to making any health related decisions. We will not be liable for any loss or damage of any nature. Individual results may vary.

  1. c) No Warranties

LymeDocs makes no warranties or representations about the accuracy, status, or completeness of the Site’s content, or the content of any websites linked to or affiliated with this Site. We assume no liability for responsibility for a) errors, mistakes or inaccuracies of content and materials, b) personal injury or property damage of any nature resulting from your use and access to this Site, c) any authorized access to or use of our secure services and/or any and all personal/financial information stored therein, d) any interruption or cessation of transmission to or from the Site, e) any bugs, viruses, trojan horses or the like which may be transmitted through or to the Site by any third party, f) any errors or omissions in any content or materials, or any loss/damage incurred as a result of the use of any content posted, transmitted, or otherwise made available through the Site.

LymeDocs does not warrant, endorse, guarantee or assume responsibility for any product or service  advertised or offered by a third party through the Site, any Linked or Affiliated sites, or any products/services advertised on the Site. We do not monitor any transactions between you and third party providers, and are not responsible for such transactions.

As with the purchase of any product or service, use your best judgment and exercise caution where appropriate.

  1. d) Limitations of Liability 

LymeDocs, its directors, listed healthcare providers, employees, or agents shall not be liable to you, or any third party, for any direct, indirect, consequential, employ, incidental, special or punitive damages arising from your use of the Site, even if we have been advised of the possibility of such damages. Liability shall be limited to the lesser of the amount paid (if any) by you to LymeDocs. Check local laws for rights that you may have.

  1. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, listed health care providers from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

  1. GENERAL TERMS

These Terms of Use, and any policies or operating rules posted by us on the Site or in respect to the Site, constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any acts of God, government regulation, weather incidents, power outages, or any other cause beyond our reasonable control.

If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.

These Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site.

These Terms of Use and your use of the Site and the Services/Marketplace Offerings, as well as any dispute of any sort that might arise between you and LymeDocs or its affiliates, are governed by and construed in accordance with the laws of the state of New Hampshire without regard to its conflict of law principles.

 

CONTACT US

To receive further information regarding use of the Site, please contact us at: [email protected]