Terms and Conditions ("Terms")

Last updated: October 15, 2015

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.mdexplain.com website (the "Service") operated by MD Explain, LLC ("us", "we", or "our").

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Whenever the words “your physician” or “your doctor” or “healthcare provider” or “healthcare professional” or similar words on MD Explain (www.mdexplain.com), including in these Terms and Conditions, we mean your personal doctor with whom you have of an actual, mutually acknowledged, doctor-patient relationship (or the same kind of formal, real world relationship between you and your personal professional healthcare provider). MD Explain (www.mdexplain.com) medical experts are not “your” physician or healthcare provider.

INFORMATIONAL ONLY - NOT MEDICAL ADVICE

The material and information available on this website (www.mdexplain.com) is intended for informational purposes only, and does not constitute health advice or other advice nor should it replace consultations with qualified medical professionals or other relevant professionals in your vicinity. The material and informations available on this website (www.mdexplain.com) is not a medical service. Please consult a healthcare professional or other advisor for specific recommendations about your condition. In addition, the information made available on this website (www.mdexplain.com) changes quickly and therefore, some of the information may no longer be relevant or current. You agree to bear all risk associated with the use of or reliance on any such information, and release and hold MD Explain, LLC harmless from cause of action that may arise in connection with your reliance on information contained in this website (www.mdexplain.com).

BY USE OF THIS WEBSITE (www.mdexplain.com) NO DOCTOR-PATIENT RELATIONSHIP HAS BEEN FORMED

MD Explain does not replace your relationship with your personal physician or healthcare provider. The information interpreted (not limited to content of the site and information derived from online consultations) should not be relied upon as a substitute for sound professional medical advice, evaluation, or care from your physician or other qualified healthcare provider. This information should be put to use only after consulting your physician or other healthcare provider.

You acknowledge that although some of the content, text, data, graphics, images, information, suggestions, and other material (collectively, “information”) that is provided to you on this website (www.mdexplain.com) (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession, the provision of such information does not create a doctor/medical professional-patient relationship, but is provided to inform you on various medical conditions, medical diagnosis and treatment and it does not constitute a direct or indirect medical diagnosis, treatment, or prescription. Everything on MD Explain (www.mdexplain.com) should be used for informational purposes only. MD Explain (www.mdexplain.com) does not provide medical diagnosis, treatment, or prescriptions of any kind. You acknowledge MD Explain (MD Explain, LLC; www.mdexplain.com) cannot be held liable for any information that you the user may have depended upon while visiting this website (www.mdexplain.com).

Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Payment Processing

MD Explain, LLC uses Braintree, a division of PayPal, Inc. (Braintree) for payment processing services. By using the Braintree payment processing services you agree to the Braintree Payment Services Agreement available at https://www.braintreepayments.com/legal/gateway-agreement, and the applicable bank agreement available at https://www.braintreepayments.com/legal/cea-wells. If you have questions regarding the MSA, please contact Braintree at 877.434.2894.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of MD Explain, LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of MD Explain, LLC.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by MD Explain, LLC.

MD Explain, LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that MD Explain, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless MD Explain, LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.

Limitation Of Liability

In no event shall MD Explain, LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

MD Explain, LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Montana, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us at customerservice@mdexplain.com.