Thank you for using the dMeetings.com website provided by dMeetings, a subsidiary of Global Presentations, LLC, (the “Website”). Throughout this Agreement, dMeetings (“dMeetings”) may also be referred to collectively as “we,” “us,” or “our.” References to the Patient may also be referred to collectively as “you” and “your” referring to you, as an individual or entity.
I. ACCEPTABLE USE POLICY AND YOUR OBLIGATIONS
You are required to comply with all applicable laws in connection with your use of the Website, and such further limitations as may be set forth in any written or on-screen notice from dMeetings. As a condition of your use of the Website, you agree that you will not use the Website for any purpose that is unlawful or prohibited by this Agreement.
III. ELECTRONIC COMMUNICATIONS
When you visit the Website or send e-mail to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications we provide to you electronically, or that may be provided to you by your specific Subscription Content provider (your “Adminstrator”), satisfy any legal requirement that such communications be in writing.
IV. NO PROFESSIONAL ADVICE, HEALTH CARE DISCLAIMER
The content, products and services offered herein are here to educate consumers on health care and medical issues that may affect their daily lives. Nothing in the content, products or services should be considered, or used as a substitute for, medical advice, diagnosis or treatment. This Website and its services do not constitute the practice of any medical, nursing or other professional health care advice, diagnosis or treatment. You should always talk to your health care provider for diagnosis and treatment, including your specific medical needs. None of the products or services offered through this Website represents or warrants that any particular service or product is safe, appropriate or effective for you. We advise Patients, patients, or other users to always seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately. If you are in the United States and are experiencing a medical emergency, please call 911 or call for emergency medical help on the nearest telephone.
V. YOUR ACCOUNT OBLIGATIONS
VI. ANNUAL PAYMENTS AND EFFECTIVE DATES
Subscriptions made directly between dMeetings and Patients without an Administrator may require annual payment or monthly installments for content to remain available to Patient. Annual Subscriptions become effective upon receipt of payment, and will remain in effect for one[b1] year from the effective date, unless otherwise specified by dMeetings. Monthly Subscriptions become effective upon receipt of payment but will only remain in effect for the month to month period. Lifetime Subscriptions become effective upon receipt of payment, and remain in effect until terminated by dMeetings at its discretion and subject to the conditions herein. Patients will receive a confirmation and an onboarding notice upon their original effective date. Patients with annual Subscriptions will receive a renewal notice and a renewal invoice to renew 60 days in advance of the annual renewal payment date.
VII. CANCELLATION / TERMINATION & REFUND POLICY
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
Subscriptions may be cancelled at any time. However, refunds will only be issued for cancelled subscriptions at the discretion of your Administrator.
VIII. INDIVIDUAL SUBSCRIPTION USE
Patients are permitted by dMeetings to individually access dMeetings content but are not permitted to share their username/password access to the dMeetings Subscription Content and Website with other individuals. A Patient shall be considered an individual user of Subscription Content and Website, and intended for their sole use and for the use of their caretakers.
To the extent that content is identified on the Website as authored by a third party, dMeetings is not the author. Any and all other content contained in the Subscription Content is authored by dMeetings.
dMeetings holds full and complete title to the Subscription Content, regardless of the media or form in which the original subscription data may exist. The Subscription does not constitute a sale of the Subscription Content, only a non-exclusive grant of limited license.
All rights in the product names, company names, trade names, logos, product packaging and designs of dMeetings or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to dMeetings or its affiliates, or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited and nothing stated or implied on this Website confers on you any license or right under any patent or trademark of dMeetings or its affiliates, or any third party.
Unless otherwise provided, all copyright rights in the audiovisual works, text, images, photographs, graphics, user interface, and other content provided on the Website, and the selection, coordination, and arrangement of such content, are owned by dMeetings or its affiliates, or their respective third-party licensors, to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the contents of the Website for any purposes other than solely for your own personal use as described below. Nothing stated or implied on the Website confers on you any license or right under any copyright of dMeetings or its affiliates, or any third party.
The Website and the information contained in the Website are for informational purposes only. You may freely browse and view the materials contained on this site for your personal, non-commercial use. However, no material, images, or design elements from this Website may be copied, reproduced, republished, re-posted, transmitted, hyperlinked, merged with any other works, or distributed in any way, for public or commercial purposes without our express written permission. Modifications of the contents of the Website are a violation of dMeetings and its affiliates' copyright and other proprietary rights. Requests for permission to reproduce any information contained on this Website should be sent via email and addressed to info@dMeetings.com.
XIV. ASSIGNMENT AND OTHER RESTRICTIONS
You may not transfer or assign this Subscription Content to a third party who is not clientele or a patient. Should a Patient business be acquired by another business, said assignment of this Subscription Content is allowed upon proof of acquisition.
XV. SUBSCRIBER REMEDIES & CUSTOMER SUPPORT
Patients may cancel subscriptions subject to the conditions set forth herein, and the terms of any agreements entered into between Patient and Administrator. Patients that experience dMeetings-caused website down time or other dMeetings system-wide loss of functionality exceeding one-hour per incident and not attributable to Patient-specific client-end problems, may submit written request for one additional day be added to their annual subscription period before renewal for each documented incident, subject to verification by dMeetings, and not to exceed one day per the date of incident regardless of the number of incidents that occurred during that day. Should you need any assistance with our Website please contact your Administrator at the location provided in the Website footer.
XVI. LIMITED WARRANTY OF SERVICE
dMeetings warrants Subscription Content will perform substantially in accordance and as described in dMeetings corporate literature as well as descriptions on the dMeetings website (www.dMeetings.com), that the Subscription Content will generally be available for use by Patient except for occasional down-time and periodic maintenance. The Subscription Services shall be performed in a competent and professional manner and in accordance with professional standards. dMeetings has the experience and is qualified to perform the Subscription Services in an efficient and timely manner. The Subscription Services will achieve in all material respects reasonable functionality consistent with the documentation of dMeetings, and such functionality shall be maintained during your use of the Subscription Services. dMeetings will use commercially reasonable efforts to provide the Subscription Services in line with industry practices to seek to prevent computer viruses, malware, bugs, malicious code or similar items (collectively, “Viruses”) are introduced into your computer and network environment through the performance of the Subscription Services. You acknowledge that dMeetings cannot prevent and shall have no liability for any Viruses that might be introduced from or by third parties into your computers, networks or devices through the use of the Subscription Services or otherwise (“Third Party Errors”). You agree to waive and release dMeetings from any and all liability for such Third-Party Errors.
XVII. DISCLAIMER OF WARRANTIES
TO THE EXTENT ALLOWABLE AT LAW, ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY. FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS RELATING TO THE SUBSCRIPTION SERVICES AND ANY CONTENT CONTAINED ON THE WEBSITE ARE EXPRESSLY DISCLAIMED. OTHER THAN AS EXPLICITLY SET FORTH HEREIN, THE SUBSCRIPTION SERVICES, INCLUDING WITHOUT LIMIT THE WEBSITE, CONTENT, AND ALL REQUIRED SOFTWARE, ARE PROVIDED BY DMEETINGS ON AN “AS IS” BASIS. DMEETINGS MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS OF ANY KIND OTHER THAN AS EXPLICITLY SET FORTH HEREIN WITH RESPECT TO THE SUBSCRIPTION SERVICES.
While we use reasonable efforts to include accurate and up-to-date information on the Website, we make no warranties or representations as to its accuracy. Without limiting the foregoing, we make no warranty that (a) the services and materials will meet your requirements, (b) the services and materials will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the services or materials will be effective, accurate or reliable, or (d) the quality of any products, services, or information purchased or obtained by you from the site from us or our affiliates will meet your expectations or be free from mistakes, errors or defects. This site could include technical or other mistakes, inaccuracies or typographical errors. We may make changes to the materials and services at this site, including the prices and descriptions of any products listed herein, at any time without notice. The materials or services at this site may be out of date, and we make no commitment to update such materials or services. We do not warrant that defects will be corrected, or that this Website is free of viruses or other harmful components. We do not warrant or make any representations regarding the use or results of the use of the Website in terms of accuracy or reliability. Anyone accessing this site assumes the entire cost of all necessary computer or network servicing, repair or correction. Under no circumstances will we be liable for any special or consequential damages that result from the use of, or inability to use, the Website.
XVIII. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL DMEETINGS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THE WEBSITE, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. ADDITIONALLY, DMEETINGS SHALL NOT BE LIABLE FOR ANY ISSUES, PROBLEMS, OR OTHER COMPLICATIONS THAT MAY ARISE AS A RESULT OF ADMINISTRATOR IMPLEMENTING DMEETINGS’ MATERIALS, CONTENT, OR SERVICES INTO ADMINSTRATOR’S WEBSITE.
OTHER THAN WITH RESPECT TO THE INDEMNIFICATION SECTION OF THIS AGREEMENT, IN NO EVENT SHALL DMEETINGS’ OFFICERS, DIRECTORS, SHAREHOLDERS, MANAGERS, MEMBERS, EMPLOYEES OR AFFILIATES BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHETHER BASED ON BREACH OF CONTRACT, BREACH OF EXPRESS OR IMPLIED WARRANTY, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY UNDER ANY CIRCUMSTANCES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OTHER THAN WITH RESPECT TO THE INDEMNIFICATION SECTION THIS AGREEMENT, BREACH OF CONFIDENTIALITY, AND AMOUNT DUE OR PAYABLE FROM YOU TO DMEETINGS FOR ACCESS TO THE SUBSCRIPTION SERVICES, YOU AGREE THAT THE TOTAL LIABILITY FOR DIRECT DAMAGES UNDER THIS AGREEMENT SHALL BE NO GREATER THAN THE AMOUNT OF THE FEES PAID TO DMEETINGS BY YOU UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PROCEEDING THE DATE THAT THE EVENT GIVING RISE TO A CLAIM FOR DAMAGES OCCURS.
XX. OUR RIGHTS
We may elect to monitor areas of the Website by electronic or other means and may disclose any content, records, or electronic communication of any kind if such disclosure is necessary or appropriate in our discretion (i) to satisfy any law, regulation, or government request; (ii) to operate the Website; or (iii) when we have reason to believe that someone is causing injury to or interference with our rights or property, other users of the website or anyone else that could be harmed by such activities.
We also reserve the right to disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request.
XXI. LINKS TO THIRD PARTY SITES
Occasionally, we may make available a link to a third party's web site. These links will let you leave the Website. These sites may contain information or material that some people may find inappropriate, offensive, or irrelevant. The linked sites are not under our control and you acknowledge that we are not responsible for the availability or reliability of the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites, or accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. We are not responsible for webcasting or any other form of transmission received from any linked third-party site. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied. Consequently, please direct any concerns or complaints you may have regarding these external links to their site administrator.
In the event that you place an order online, your personal information and credit card or debit card information are encrypted using SSL encryption technology before being sent over the Internet, We use SSL technology to prevent your information from being stolen or intercepted while being transferred to us and once we have received it. Your credit card information is always stored in encrypted form in a restricted-access database that is away from our Web site database so it is not connected to the Internet, to keep it safe from hackers. However, no method of transmission over the Internet, or electronic storage is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.
XXIII. APPLICABLE LAW
Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall initially be submitted to authorized representatives of each party who agree to meet in good faith in an attempt to resolve any such dispute. If the parties cannot resolve a dispute through such a meeting then the dispute shall be submitted to binding arbitration in front of a single arbitrator, administered by the American Arbitration Association, under its Commercial Arbitration Rules, and judgment on the award rendered by the single arbitrator may be entered in any court having jurisdiction thereof. Venue for any such arbitration proceeding shall be in Duval County Florida. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction.
Notwithstanding the foregoing, dMeetings shall be entitled to seek injunctive relief, security, or other equitable remedies from the United States District Court for the District of Florida or any other court of competent jurisdiction.
Legal notices to dMeetings regarding provisions of this Agreement should be mailed to: dMeetings, 8130 Baymeadows Way W. Suite 303, Jacksonville, FL 33256.
XXV. ENTIRE AGREEMENT