Effective as of April 11, 2018
- MENDOWN will send you email correspondence that may contain details of your treatment. These emails will never contain your photos or payment information.
- MENDOWN’s medical providers do not diagnose, treat or screen cancer/diseases related to the prostate, urogenital area or any other part of the body, other than erectile dysfunction.
- MENDOWN’s products are not intended for the diagnosis and/or treatment of the underlying causes of erectile dysfunction, only provides temporary treatment of erectile dysfunction via sildenafil or tadalafil medication.
- MENDOWN does not replace your existing relationship with your primary care provider.
- MENDOWN products not for emergencies.
- MENDOWN operates subject to state regulation and may not be available in certain states.
- MENDOWN does not guarantee that a prescription will be written.
- MENDOWN’s medical providers do not prescribe DEA controlled substances.
- MENDOWN’s medical providers reserve the right to deny treatment if they believe that a patient may be better served by a local provider, or for any other reason according to their professional judgment.
- MENDOWN (Mendown.com) provides technological and other services to connect
- patients to licensed medical providers and partnering licensed facilities.
- All medical care is provided by DrugGlobe, Inc. which includes licensed medical providers. All customized prescription medications are produced and shipped directly to each patient by DrugGlobe, Inc. via licensed physicians and our partner pharmacies in accordance to State and Federal Laws.
- All communications, statements, materials, and transactions published or conducted on through or in relation to DrugGlobe and any products or services offered, sold, marketed or provided on, through or in relation to DrugGlobe are those of DrugGlobe and not Mendown.
- Mendown is not a party to or responsible for any such communications, statements, materials, transactions, products, or services; rather it is merely an intermediary platform. Likewise, all communications, statements, materials, and transactions published or conducted on, through or in relation to the Site or the App and any products or services offered, sold, marketed or provided on, through or in relation to the Site or the App are those of Mendown and not DrugGlobe.
- The patient retains the option to refuse the telehealth consultation at any time without affecting the patient’s right to future care or treatment and without risking the loss or withdrawal of any program benefits to which the patient would otherwise be entitled.
- The patient shall have access to all medical information resulting from the tele-health consultation as provided by law for patient access to his or her medical records.
- All communication and information shared by a MENDOWN patient remains private and is never shared with any third party or physician group.
TERMS OF SERVICE
EFFECTIVE AS OF APRIL 11, 2018
THESE TERMS OF SERVICE (THESE “TERMS OF SERVICE”) FORM A BINDING AGREEMENT BETWEEN YOU AND EHEALTHSCRIPTS (DBA MENDOWN.COM). AND ITS SUBSIDIARIES AND AFFILIATES (COLLECTIVELY, “MENDOWN,” “WE”, “US”, OR “OUR”). BY (A) USING THE WEBSITE OPERATED BY MENDOWN LOCATED AT HTTP://WWW.MENDOWN.COM OR OTHER RELATED WEBSITES AND/OR MOBILE APPLICATIONS OPERATED BY MENDOWN (COLLECTIVELY, THE “WEBSITE”), (B) PURCHASING AND/OR USING THE PRODUCTS AND/OR SERVICES PROVIDED BY US THEREUNDER (TOGETHER, THE “PRODUCTS”), AND/OR (C) PROVIDING YOUR PERSONAL INFORMATION TO MENDOWN, YOU SIGNIFY YOUR ACKNOWLEDGEMENT AND AGREEMENT TO THESE TERMS OF SERVICE, WHETHER OR NOT YOU REGISTER FOR AN ACCOUNT WITH MENDOWN THROUGH THE WEBSITE (AN “ACCOUNT”). IF YOU DO NOT AGREE WITH ANY PROVISION IN THESE TERMS OF SERVICE, PLEASE DO NOT USE THE WEBSITE, PURCHASE OR USE THE PRODUCTS, PROVIDE YOUR PERSONAL INFORMATION TO MENDOWN, OR REGISTER FOR AN ACCOUNT. THESE TERMS OF SERVICE DO NOT APPLY TO WEBSITES OR APPLICATIONS THAT DISPLAY OR LINK TO DIFFERENT TERMS OF SERVICE. PLEASE REVIEW THESE TERMS OF SERVICE CAREFULLY. YOU MAY BE ASKED TO PROVIDE CERTAIN PERSONAL INFORMATION TO US FROM TIME TO TIME. YOUR PERSONAL INFORMATION WILL BE COLLECTED, USED AND DISCLOSED BY US IN ACCORDANCE WITH MENDOWN’S PRIVACY AND SECURITY POLICY, WHICH IS AVAILABLE HERE AND IS INCORPORATED BY THIS REFERENCE INTO THESE TERMS OF SERVICE.
I UNDERSTAND THAT I HAVE THE FOLLOWING RIGHTS WITH RESPECT TO TELEMEDICINE:
(1) I HAVE THE RIGHT TO WITHHOLD OR WITHDRAW CONSENT AT ANY TIME WITHOUT AFFECTING MY RIGHT TO FUTURE CARE OR TREATMENT NOR RISKING THE LOSS OR WITHDRAWAL OF ANY PROGRAM BENEFITS TO WHICH I WOULD OTHERWISE BE ENTITLED.
(2) THE LAWS THAT PROTECT THE CONFIDENTIALITY OF MY MEDICAL INFORMATION ALSO APPLY TO TELEMEDICINE. AS SUCH, I UNDERSTAND THAT THE INFORMATION DISCLOSED BY ME DURING THE COURSE OF MY THERAPY IS GENERALLY CONFIDENTIAL. HOWEVER, THERE ARE BOTH MANDATORY AND PERMISSIVE EXCEPTIONS TO CONFIDENTIALITY, INCLUDING, BUT NOT LIMITED TO REPORTING CHILD, ELDER, AND DEPENDENT ADULT ABUSE; EXPRESSED THREATS OF VIOLENCE TOWARDS AN ASCERTAINABLE VICTIM; AND WHERE I MAKE MY MENTAL OR EMOTIONAL STATE AN ISSUE IN A LEGAL PROCEEDING. I ALSO UNDERSTAND THAT THE DISSEMINATION OF ANY PERSONALLY IDENTIFIABLE IMAGES OR INFORMATION FROM THE TELEMEDICINE INTERACTION TO RESEARCHERS OR OTHER ENTITIES SHALL NOT OCCUR WITHOUT MY WRITTEN CONSENT.
(3) I UNDERSTAND THAT THERE ARE RISKS AND CONSEQUENCES FROM TELEMEDICINE, INCLUDING, BUT NOT LIMITED TO, THE POSSIBILITY, DESPITE REASONABLE EFFORTS ON THE PART OF MY HEALTHCARE PROVIDER, THAT: THE TRANSMISSION OF MY MEDICAL INFORMATION COULD BE DISRUPTED OR DISTORTED BY TECHNICAL FAILURES; THE TRANSMISSION OF MY MEDICAL INFORMATION COULD BE INTERRUPTED BY UNAUTHORIZED PERSONS; AND/OR THE ELECTRONIC STORAGE OF MY MEDICAL INFORMATION COULD BE ACCESSED BY UNAUTHORIZED PERSONS. IN ADDITION, I UNDERSTAND THAT TELEMEDICINE BASED SERVICES AND CARE MAY NOT BE AS COMPLETE AS FACE-TO-FACE SERVICES. I ALSO UNDERSTAND THAT IF MY HEALTHCARE PROVIDER BELIEVES I WOULD BE BETTER SERVED BY ANOTHER FORM OF MEDICAL SERVICES (E.G. FACE-TO-FACE SERVICES) I WILL BE REFERRED TO A HEALTHCARE PROVIDER WHO CAN PROVIDE SUCH SERVICES IN MY AREA. FINALLY, I UNDERSTAND THAT THERE ARE POTENTIAL RISKS AND BENEFITS ASSOCIATED WITH ANY FORM OF MEDICAL TREATMENT, AND THAT DESPITE MY EFFORTS AND THE EFFORTS OF MY HEALTHCARE PROVIDER, MY CONDITION MAY NOT BE IMPROVE, AND IN SOME CASES MAY EVEN GET WORSE.
(4) I UNDERSTAND THAT I MAY BENEFIT FROM TELEMEDICINE, BUT THAT RESULTS CANNOT BE GUARANTEED OR ASSURED. (5) I UNDERSTAND THAT I HAVE A RIGHT TO ACCESS MY MEDICAL INFORMATION AND COPIES OF MEDICAL RECORDS IN ACCORDANCE WITH FEDERAL AND STATE LAWS.
You represent and warrant to MENDOWN that:
- All information you provide to MENDOWN is true, accurate, current and complete, and you agree to maintain and promptly update such information to keep it true, accurate, current and complete as long as you are using the Website. If we have reasonable grounds to suspect that such information is not true, accurate, current or complete, we may deny or terminate your access to the Website (or any portion thereof) in our sole discretion, subject to compliance with any notice or waiting period provided by applicable law.
- You understand that the telemedicine services and any prescription products made available through the Website are provided by U.S. licensed medical providers, and that MENDOWN, Inc. is not itself a healthcare provider.
- You understand that the Website and Products facilitate medical consultations limited to the diagnosis and treatment of erectile dysfunction, and not for any other medical conditions, including all cancers.
- You understand that the Website is not a substitute for the in-person treatment or advice of your local urologist, primary care physician, or any other qualified health care professional.
- You understand that you should never delay seeking advice from your urologist, primary care physician, or any other health professionals due to any diagnosis, advice, or other information provided (or the omission of any such information) by MENDOWN, the Website or the Products, or a healthcare provider through MENDOWN, the Website or the Products.
Rights, Obligations and Conduct of Users. Subject to the terms and conditions of these Terms of Service, we hereby grant to you a limited, non-exclusive, non-transferable, freely revocable license to use the Website as permitted by the features of the Website solely for your personal, non-commercial use, and only as permitted under these Terms of Service. MENDOWN reserves all rights in the Website, the Intellectual Property (as defined below) and the Marks (as defined below) not expressly granted to you herein. We reserve the right, in our sole discretion, to deny use of the Website to anyone, for any reason, and at any time, subject to applicable law. In consideration of your access to and use of the Website, you covenant and agree that you shall:
- Seek emergency help when needed and continue to consult with your primary care physician.
- Notify MENDOWN immediately if you become aware of any inaccuracies, errors, omissions or inconsistencies in the information or content provided through the Website, and to comply with any corrective action taken by MENDOWN.
- Refrain from the use of offensive or abusive language when using the Website.
- Not contact or seek to contact any healthcare professional associated with MENDOWN outside of the Website. This is done to protect both patients and healthcare professionals and to ensure that diagnosis and treatment is delivered in a reliable, continuous and controlled environment. MENDOWN is not responsible for any interactions with healthcare professionals occurring outside of the Website.
- Not share your MENDOWN Account or any information related thereto, including your password, with any other persons. You are responsible for maintaining the confidentiality of your Account and for all activities that occur under your Account, including any use by others who obtain access to your Account. You agree to immediately notify us upon becoming aware of any unauthorized use of your Account or any other breach of security. You may not use the Account of any other MENDOWN user at any time.
- Be responsible for any act or omission of any users that access the Website under your Account that, if undertaken by you, would be a violation of these Terms of Service. Any such act or omission shall be deemed a violation of these Terms of Service by you.
- Not, and shall not attempt to: (a) infringe the patent, trademark, trade secret, copyright, or other intellectual property or other rights of another person, (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website, (c) reverse engineer, disassemble, decompile, or translate any components of the Website, attempt to derive the source code of any components of the Website, or authorize or assist any third party to do any of the foregoing, (d) modify, copy or make derivative works based on any part of the Website or any underlying software, technology or other information, including any printed materials of the same, (e) use any robot, spider, or other such programmatic or automatic device, including, without limitation, automated dial-in or inquiry devices, to obtain information from the Website or otherwise monitor or copy any portion of the Website, or (f) systematically collect or use any content from the Website, including through the use of any data mining, or similar data gathering and extraction methods.
- Not, and shall not attempt to: (a) disrupt or interfere in any manner with the operation of the Website, or the hardware or network used to operate the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website, (b) allow, enable, or otherwise support the transmission of unsolicited or unauthorized advertising, junk or bulk email (SPAM), chain letters, letters relating to a pyramid scheme, or any other unsolicited commercial or non-commercial communication, (c) upload or otherwise spread any software viruses, worms, time bombs, corrupted files, Trojan horses or any other computer code, files, or programs that are designed or intended to disrupt, damage, overburden, impair or limit the functioning of any software, hardware, network, server, or communications systems or equipment, (d) attempt to disable, bypass, modify, defeat, or otherwise circumvent any security related tools incorporated into the Website, (e) use any high volume, automated, or electronic means to access the Website (including, without limitation, robots, spiders or scripts), or (f) create Internet “links” to or from the Website, or “frame” or “mirror” any MENDOWN content which forms part of the Website, place pop-up windows over its pages, or otherwise affect the display of its pages.
- Not and shall not attempt to (a) disrupt, interfere with, or inhibit any other person from using the Website or other affiliated or linked websites, material, contents, products and/or services, (b) create a false identity for the purpose of misleading others, (c) prepare, compile, use, download or otherwise copy any user information and/or usage information for any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such information to any third party, or (d) distribute, sell, lease, rent, sublicense, assign, export, or transfer in any other manner any of your rights under these Terms of Service or otherwise use the Website for the benefit of a third party or to operate a service bureau.
- Not use the Website: (a) to violate any local, state, national or international law, rule or regulation, (b) in a manner that is harmful, threatening, harassing, abusive, defamatory, slanderous, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, libelous, invasive of another’s privacy, or racially, ethnically or otherwise offensive, hateful, or abusive, (c) to collect or store personal data about other users, (d) to impersonate any to person or entity, or otherwise misrepresent your affiliation with a person or entity, or (e) in any manner that exceeds the scope and purpose of use granted above.
PERSONS UNDER THE AGE OF 18.
Persons under eighteen (18) years of age are not eligible to use the features, services and other aspects of the Website or the Products. If you are a parent or guardian of an individual under the age of eighteen (18) and believe your child has disclosed PII to MENDOWN without your consent or authorization, please contact us at SUPPORT@MENDOWN.COM.
Each state has different telemedicine laws and the MENDOWN staff is working diligently to be in all 50 states. Right now our coverage area does NOT include certain states.
If you were sent to this section from the Checkout page, our system has indicated that you might be accessing the site from one of these states.
FEES AND PAYMENT.
If you elect to use features of the Website and/or purchase Products that involve the payment of any fees, you agree to pay, and will be responsible for payment of, such fees and any and all taxes associated therewith in accordance with the billing terms in effect at the time a fee is due and payable. Unless otherwise stated, all fees are quoted in U.S. Dollars. All payments shall be facilitated through MENDOWN’s third-party payment processing service. You hereby authorize MENDOWN to charge you for all fees as they become due, and represent and warrant that you are authorized to use any and all payment information you provide to MENDOWN. If your payment method fails or fees associated with your Account are past due, we may collect fees owed using other collection mechanisms, include charging other payment methods on file with third party payment processor and/or retaining collection agencies and legal counsel. Subject to compliance with any notice or waiting period provided by applicable law, we may also block your Account pending resolution of any amounts due by you to MENDOWN. MENDOWN is a services company that bills based on your elected plan and auto-ships your refills & treatments. At anytime you can cancel your membership and stop any payments by emailing support@Mendown.com or by logging into your account and putting your account ON HOLD.
THIRD PARTY CONTENT AND MONITORING.
Third parties may offer and provide products and services on or through the Website. Except for MENDOWN branded information, products or services that are identified as being offered by MENDOWN, MENDOWN does not operate, control, or endorse any information, products, or services on the Website or accessible through the Website in any way. The provision of a link to any other website or location is for your convenience only and does not signify our endorsement of such other site or location or its contents. We have no control over, do not review, and cannot be responsible for, these outside websites or their content. MENDOWN is not responsible for examining or evaluating, and MENDOWN does not warrant the offerings of, any of these third parties or the content of their websites. MENDOWN does not assume any responsibility or liability for the actions, products, or contents of these and any other third parties. Access to any other website linked to the Website is at your own risk. When leaving the Website for a third- party website, you should carefully review the applicable terms of service, including privacy policies, of such third party website. 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.
OWNERSHIP OF INTELLECTUAL PROPERTY.
The software, code, proprietary methods, systems and content used to operate the Website (collectively, the “Intellectual Property”) are (1) copyrighted by MENDOWN and/or its licensors under United States and international copyright laws, (2) subject to other intellectual property and proprietary rights and laws, and (3) the exclusive property of MENDOWN or its applicable licensors. The Intellectual Property may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written consent or the prior written consent of our licensors, as applicable. You must abide by all copyright notices, information, or restrictions contained in or attached to any of the Intellectual Property and you may not remove or alter any such notice, information or restriction. Your use of the Website and the Intellectual Property must at all times comply with these Terms of Service. Nothing in these Terms of Service, your relationship with MENDOWN, or your use of the Website shall grant you any right to the Intellectual Property except the limited license to use the Website in accordance with these Terms of Service.
Certain of the names, logos, and other materials displayed on the Website may constitute trademarks, trade names, service marks, or logos (collectively, the “Marks”) of MENDOWN or other parties. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other parties, as applicable.
You may delete your Account at any time, for any reason, by sending an email to SUPPORT@MENDOWN.COM. MENDOWN may terminate your Account and/or the limited license to use the Website granted to you under these Terms of Service, at any time, for any reason or no reason. Your medical records will be retained by MENDOWN for a period of five years, unless a longer period is required by state or federal law, after which they may be destroyed. If you are less than 23 years old on the date the records may potentially be destroyed, your records will be kept until you reach the age of 23, or longer if required by state or federal law. The provisions of Sections 4 through 14 of these Terms of Service will survive the expiration or earlier termination of the agreement pursuant to these Terms of Service for any reason. Our (and our licensors’) proprietary rights (including any and all intellectual property rights) in and to the Intellectual Property, the Marks and the Website will survive the expiration or earlier termination of the agreement pursuant to these Terms of Service for any reason.
Without limiting any rights which MENDOWN may otherwise have, MENDOWN reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Website and your Account, including, without limitation, terminating or changing your Account, or requesting additional information to authorize transactions on your Account.
We reserve the right to discontinue the Website with or without notice to you. We will not be liable to you or any third party should we exercise our right to change or discontinue the Website.
Any termination or discontinuance of the Website pursuant to the provisions set forth in this Section 7 shall be subject to compliance with any notice or waiting period provided by applicable law.
DISCLAIMER OF WARRANTIES.
USE OF THE WEBSITE AND PRODUCTS IS AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MENDOWN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, OR SYSTEM INTEGRATION. MENDOWN MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES MENDOWN MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM THE USE THEREOF. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MENDOWN OR THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
MENDOWN DOES NOT WARRANT THAT ANY INFORMATION, PICTURES OR GRAPHIC DEPICTIONS, DESCRIPTIONS OR OTHER CONTENT OF THE WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, UPDATED, CURRENT, OR ERROR-FREE. MENDOWN IS NOT RESPONSIBLE FOR the INTERNET, DATA BANDWITH OR SIGNAL OF YOUR COMPUTER OR MOBILE DEVICE. MENDOWN MAKES NO REPRESENTATION OR WARRANTY THAT THE WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OUTSIDE THE UNITED STATES OR ALL TERRITORIES WITHIN the UNITED STATES. MENDOWN MAY RELY ON THE AUTHORITY OF ANYONE ACCESSING YOUR ACCOUNT AND IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL MENDOWN BE HELD LIABLE TO YOU FOR ANY LIABILITY OR DAMAGES RESULTING FROM OR ARISING OUT OF YOUR USE OF THE WEBSITE OR YOUR ACCOUNT.
MENDOWN does not warrant that product descriptions are accurate, complete, reliable, current, or error-free, or that product packaging depicted on the Website will match the actual product that you receive.
LIMITATION OF LIABILITY.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL MENDOWN OR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, REPRESENTATIVES OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR PRODUCTS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, THE PRODUCTS, OR THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE AND/OR PRODUCTS. THE AGGREGATE LIABILITY OF MENDOWN TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE WEBSITE AND/OR PRODUCTS IS LIMITED TO THE LESSER OF (I) THE AGGREGATE AMOUNT OF FEES ACTUALLY PAID BY YOU TO MENDOWN OR (II) ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
INDEMNIFICATION AND RELEASE.
You agree to indemnify, defend and hold harmless MENDOWN and its officers, directors, employees, consultants, representatives and agents, and other users and visitors of the Website, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising out of or related to (a) any information you submit, post or transmit through the Website, (b) your use of the Website and/or Products, (c) your violation of any provision of these Terms of Service, (d) your violation of any rights of any other person or entity, or (e) any viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines input by you into the Website.
You hereby release MENDOWN, its officers, directors, employees, consultants, representatives and agents from any and all claims, demands, losses, damages, rights, claims, and actions of any kind including, without limitation, personal injury, death, and property damage, that is either directly or indirectly related to or arises from your use of the Website or the Products. If you are a California resident, you hereby waive California Civil Code Section 1542, which provides that: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release which, if known by him must have materially affected his settlement with the debtor.”
GOVERNING LAW AND DISPUTE RESOLUTION.
THE VALIDITY, INTERPRETATION, CONSTRUCTION AND PERFORMANCE OF THESE TERMS OF SERVICE WILL BE GOVERNED BY THE LAWS OF THE STATE OF MARYLAND, WITHOUT GIVING EFFECT TO THE PRINCIPLES OF CONFLICT OF LAWS. ANY DISPUTE ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE WILL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING ARBITRATION IN ROCKVILLE, MARYLAND UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION, EXCEPT THAT EITHER PARTY MAY BRING A CLAIM RELATED TO INTELLECTUAL PROPERTY RIGHTS, OR SEEK TEMPORARY AND PRELIMINARY SPECIFIC PERFORMANCE AND INJUNCTIVE RELIEF, IN ANY COURT OF COMPETENT JURISDICTION, WITHOUT THE POSTING OF BOND OR OTHER SECURITY. THE PARTIES AGREE TO THE PERSONAL AND SUBJECT MATTER JURISDICTION AND VENUE OF THE COURTS LOCATED IN GREENBELT, MARYLAND, FOR ANY ACTION RELATED TO THESE TERMS OF SERVICE. THE FAILURE OF MENDOWN TO EXERCISE OR ENFORCE ANY RIGHT OR PROVISION OF THESE TERMS OF SERVICE WILL NOT CONSTITUTE A WAIVER OF SUCH RIGHT OR PROVISION. YOU AGREE THAT IRRESPECTIVE OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE WEBSITE OR THESE TERMS OF SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
SEVERABILITY AND CONSTRUCTION.
If any term, provision, covenant or condition of these Terms of Service is found by a court or arbitral body of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect to the fullest extent permissible by applicable law and shall in no way be affected, impaired or invalidated. The headings in these Terms of Service are for convenience only and shall not affect the meaning or interpretation of these Terms of Service or any section thereof.
IF MENDOWN OR ITS ASSETS ARE ACQUIRED BY ANOTHER COMPANY, OR IN THE EVENT OF A MERGER, CONSOLIDATION, CHANGE IN CONTROL, TRANSFER OF SUBSTANTIAL ASSETS, REORGANIZATION OR LIQUIDATION, MENDOWN MAY TRANSFER, SELL OR ASSIGN TO THIRD PARTIES RIGHTS RELATED TO YOUR RELATIONSHIP WITH MENDOWN, INCLUDING, WITHOUT LIMITATION, YOUR ACCOUNT AND ANY PERSONAL INFORMATION THAT YOU PROVIDE OR THAT HAS BEEN PROVIDED ON YOUR BEHALF TO MENDOWN. SUCH THIRD PARTIES WILL ASSUME (A) RESPONSIBILITY FOR YOUR RELATIONSHIP WITH MENDOWN, (B) INFORMATION COLLECTED BY MENDOWN IN CONNECTION WITH MENDOWN’S BUSINESS OPERATIONS OR THROUGH THE WEBSITE, AND (C) THE RIGHTS AND OBLIGATIONS REGARDING SUCH INFORMATION AS DESCRIBED IN THESE TERMS OF SERVICE. THESE TERMS OF SERVICE SHALL BE BINDING UPON AND INURE TO THE BENEFIT OF MENDOWN’S SUCCESSORS OR ASSIGNS. YOU MAY NOT ASSIGN YOUR RIGHTS UNDER THESE TERMS OF SERVICE WITHOUT OUR PRIOR WRITTEN CONSENT, AND ANY ATTEMPTED ASSIGNMENT WILL BE NULL AND VOID.
ENTIRE AGREEMENT AND AMENDMENTS.
IN ORDER TO PARTICIPATE IN CERTAIN ASPECTS OF THE WEBSITE OR RECEIVE CERTAIN PRODUCTS, YOU MAY BE REQUIRED TO AGREE TO ADDITIONAL TERMS AND CONDITIONS AS POSTED ON THE WEBSITE (THE “ADDITIONAL TERMS”), WHICH ARE HEREBY INCORPORATED INTO THESE TERMS OF SERVICE. TO THE EXTENT THERE IS A CONFLICT BETWEEN THE PROVISIONS IN THESE TERMS OF SERVICE AND THE ADDITIONAL TERMS, THE LATTER SHALL HAVE PRECEDENCE. THE CURRENT VERSION OF THESE TERMS OF SERVICE, INCLUDING, WITHOUT LIMITATION, THE ADDITIONAL TERMS, CONSTITUTE THE ENTIRE AND EXCLUSIVE AND FINAL AGREEMENT BETWEEN YOU AND MENDOWN WITH RESPECT TO THE SUBJECT MATTER HEREOF, AND GOVERNS YOUR ACCESS AND USE OF THE WEBSITE, SUPERSEDING ANY AND ALL PRIOR OR CONTEMPORANEOUS AGREEMENTS OR ARRANGEMENTS BETWEEN YOU AND MENDOWN WITH RESPECT TO THE SUBJECT MATTER HEREOF, WHETHER WRITTEN OR ORAL.
WE RESERVE THE RIGHT TO AMEND, MODIFY, ADD, DELETE OR UPDATE THE TERMS OF THESE TERMS OF SERVICE, INCLUDING, WITHOUT LIMITATION, THE ADDITIONAL TERMS, AT ANY TIME IN OUR SOLE DISCRETION, AS LONG AS SUCH CHANGES ARE IN COMPLIANCE WITH APPLICABLE LAW. IF WE CHANGE THE TERMS OF THESE TERMS OF SERVICE, WE WILL POST THE NEW TERMS OF SERVICE ON THE WEBSITE AND YOU AGREE THAT SUCH POSTINGS CONSTITUTE NOTICE OF THE NEW TERMS OF SERVICE TO YOU. WE RECOMMEND THAT YOU READ THESE TERMS OF SERVICE EACH TIME YOU USE THE WEBSITE. IF YOU OBJECT TO ANY CHANGES TO THESE TERMS OF SERVICE, YOUR SOLE RECOURSE WILL BE TO CEASE USING THE WEBSITE AND/OR PRODUCTS. YOUR CONTINUED ACCESS TO AND USAGE OF THE WEBSITE AND/OR PRODUCTS SIGNIFIES YOUR ACKNOWLEDGEMENT AND ACCEPTANCE OF ANY SUCH CHANGES TO THESE TERMS OF SERVICE AND AGREEMENT TO BE BOUND THEREBY.
YOU SHOULD REPORT ANY SUSPECTED VIOLATIONS OF THESE TERMS OF SERVICE TO SUPPORT@MENDOWN.COM.
IF YOU HAVE QUESTIONS OR CONCERNS ABOUT THESE TERMS OF SERVICE, PLEASE CONTACT US AT SUPPORT@MENDOWN.COM.