Payment and Billing

By providing us with a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge you for the total amount of your purchase (including any applicable taxes and other charges) (each, a “Transaction”). If the payment method cannot be verified, or is invalid or is otherwise not acceptable, your Transaction may be suspended or canceled. You must resolve any payment problems before we proceed with your Transaction. If you want to change or update your payment method information, you can do so at any time by logging into your Account.

You acknowledge that the amount billed may vary due to promotional offers, preferences you select, or changes in applicable taxes or other charges, and you authorize us (or our third party-payment processor) to charge your Account for the corresponding amount.

Subscription Policy

When you register for a subscription (“Subscription”), you expressly acknowledge and agree that (a) your Subscription automatically renews and EndoMD Health (or our third-party payment processor) is authorized to charge you on a quarterly or annual basis for your Subscription (in addition to any applicable taxes and other charges) for as long as your Subscription continues, and (b) your Subscription continues to automatically renew until you cancel it or we suspend or stop providing access to the Website in accordance with these Terms of Service. Your Subscription type, current price, payment method, and next billing date will be confirmed in an acknowledgement email after you order your Subscription. You will also receive a payment receipt each time your Account is charged. When you register for a quarterly Subscription, you understand and agree that you are obligated to an initial three-month, non-cancellable period (“Non-Cancellable Period”). After the Non-Cancellable Period, you may cancel your quarterly Subscription at any time by contacting us at [email protected] and requesting your quarterly Subscription be cancelled. We reserve the right to change Subscription prices or your Subscription at any time in our sole discretion. If prices or material terms of this Subscription change, you will be notified by email prior to the change, and the change will not apply to any Subscriptions within the Non-Cancellable Period.

Consent to Electronic Communications

You agree that we may send the following to you by email or, where appropriate, by posting them on Website: legal disclosures, privacy notices, privacy policies, these Terms of Service, future changes to any of the foregoing and other notices, policies, communications or disclosures and information related to the Website. You agree that we may communicate with you via email, phone, text, or mail regarding prospective services. Text messages and emails are not always secure because they travel over networks that we do not own or control. You consent to receive such communications electronically. You agree to update your contact information for your Account to ensure accuracy. Your consent to conduct actions electronically covers all interactions between you and EndoMD Health.

You may opt out of certain types of electronic communications through your Account or by following the unsubscribe instructions in any communication you receive from EndoMD Health. Your withdrawal of consent will be effective within a reasonable time after we receive notice of your request to withdraw. We may need to send you certain communications electronically regarding the Website. You will not be able to opt out of those communications – e.g., communications regarding updates to the Terms of Service or information about billing. Your request to withdraw your consent to receive communications electronically will not affect the legal validity or enforceability of the Terms of Service provided to and accepted by you. If you withdraw your consent to receive communications electronically, certain services may become unavailable to you.

Warning About Sending Health Images Via Text or Email

EndoMD Health intends to provide high-quality pediatric care accessible via short message service or SMS text. In some instances, you may seek care for your child’s specific physical condition. While we invite you to share information that is relevant to EndoMD Health’s provision of care, please do not send photos of the private reproductive areas of your child’s body to us via SMS text or email. We understand that the photos may be relevant to your child’s condition, but we do not want photos of your children’s private reproductive areas falling into the wrong hands. In addition, some network providers have algorithms in place to detect child obscenity sent through SMS text or email; we do not want a well-intentioned photo to trigger an investigation for child pornography (for us or you). We strongly encourage you to discuss the condition with an EndoMD Health professional before sending any photos and then only send photos as requested by the EndoMD Health professional.

Digital Millennium Copyright Act (DMCA) Notice

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 Website 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 Website, currently located at https://www.copyright.gov. In accordance with the DMCA, EndoMD Health 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 17 U.S.C. § 512(c)(3)(A) and should be provided in writing to EndoMD Health, 8401 Maryland Dr. Ste S, Richmond, VA, 23462.

Links to Third Party Websites

The Website may contain links to other websites that are owned and operated by third parties. We are not responsible for the privacy and security practices or the content, advertising, products, services, or other materials made available on or through any such link. We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement of any kind by us.

No Endorsements

Reference to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark, service mark, company name or otherwise does not constitute or imply the endorsement or recommendation of such by EndoMD Health.

Geographic Restrictions

The owner of the Website is based in the Commonwealth of Virginia in the United States. We provide this Website for use only by persons located in the United States.  We make no representation that all products, services, and/or material described on the Website, or the services available through the Website, are appropriate or available for use in locations outside the United States or all states and territories within the United States.  Access to the Website by certain persons or in certain countries may not be legal. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL OWING  TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE  PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. ENDOMD HEALTH DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE MATERIALS ON THE WEBSITE. TO THE FULLEST EXTENT PROVIDED BY LAW, ENDOMD HEALTH DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING,  ENDOMD HEALTH DOES NOT WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES ENDOMD HEALTH MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE SITE OR ANY OF THE INFORMATION CONTAINED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND YOUR RELIANCE UPON ANY OF ITS CONTENTS IS AT YOUR SOLE RISK.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability 

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL ENDOMD HEALTH, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OF USE, LOSS OF PROFITS, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE WEBSITE OR THE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY PRODUCTS, GOODS, OR SERVICES, EVEN IF FORESEEABLE OR AFTER BEING ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnity

You agree to defend, indemnify, and hold harmless EndoMD Health, its affiliates, licensors, and service providers, and its and their respective directors, officers, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Website.

Choice of Law and Jurisdiction/Waiver of Jury Trial

These Terms of Service and any claim or dispute arising out of, relating to or in connection with these Terms of Service or the transactions contemplated hereby, whether in contract, tort or otherwise, are governed by and construed in accordance with the laws of the Commonwealth of Virginia without giving effect to its conflicts of law principles. Each party irrevocably consents and agrees that any legal action, suit or proceeding against either of them arising out of, relating to or in connection with the transaction contemplated hereby or disputes relating hereto may be brought only in the federal courts of the United States or the courts of the Commonwealth of Virginia, in each case located in the City of Richmond and County of Henrico,, and hereby irrevocably accepts and submits to the exclusive jurisdiction of the aforesaid courts in personam, with respect to any such action, suit or proceeding. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT OR PROCEEDING BROUGHT TO ENFORCE, DEFEND, OR INTERPRET ANY RIGHTS OR REMEDIES ARISING UNDER, RELATING TO OR IN CONNECTION WITH THESE TERMS OF SERVICE.

General Provisions

These Terms of Service make up the entire agreement relating to your use of the Website and supersede all prior agreements relating to the subject matter hereof. We may change, suspend, or discontinue  the Website at any time. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website. These Terms of Service do not confer any third-party beneficiary rights. You may not transfer any of your rights or obligations under these Terms of Service to anyone else without our prior written consent. EndoMD Health may assign its rights in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. No delay or omission by EndoMD Health to exercise any right or power it has under these Terms of Service will impair any such right or power or be construed as a waiver of any succeeding breach. Any waivers by EndoMD Health must be in writing and signed by an authorized representative of EndoMD Health.

This electronic document, and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a “writing” or “in writing”, and to comply with all statutory, contractual, and other legal requirements for a writing; and (b) legally enforceable as a signed agreement. A printed version of these Terms and any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

We appreciate your feedback, suggestions, and other communications (collectively, “Feedback”) about the Website. You should know that we can, but are not obligated to, use your Feedback without restriction or any obligation to compensate you, and aside from the laws governing the confidentiality of healthcare information, we have no obligation to keep them confidential.

Even after termination, these Terms of Service will remain in effect such that all terms that by their nature may survive termination will be deemed to survive such termination.

If you have any questions about these Terms, please contact us via email at [email protected]