These Terms of Service (“Terms”) govern your access to and use of the Site and the related
internet-based services, features, content, and functionality, including the Appointment Booking
Service (the “Booking Service” and, together with the Site and the “Service” or “Services”). By
using the Service, you acknowledge that you have read, accepted, and agreed to be bound by
these Terms.
1. ACCEPTANCE OF TERMS
These Terms constitute an electronic contract that explains the legally binding terms of your use
of the Service. By using the Service, you accept and agree to these Terms and any conditions or
notices contained or referenced within. You acknowledge that these Terms may be modified by
us at any time, in our sole discretion, and that any modifications will be effective upon posting.
Your continued use of the Service shall indicate your acceptance of any modified terms. Further,
you agree that we may at any time, in our sole discretion, with or without prior notice to you,
modify, cancel, update, reconfigure, supplement, limit, terminate, or otherwise alter the Service
or any part thereof, including as between different users, whether temporarily or permanently.
By using the Service, you also agree that we may send you various communications by email or
by posting them on the Site. You agree to notify us promptly if your email address changes.
This consent covers all actions you conduct through the Service. Should you decide that you do
not wish to receive communications by email, please contact us at in**@el************.com.
Your withdrawal of consent will be effective within a reasonable time after we receive such
notice. A withdrawal of consent will not affect the enforceability of these Terms. However, a
withdrawal of consent to receive communications electronically may result in termination of
your use of the Service.
We reserve the right to, and you acknowledge and consent that we may (but are not required to),
monitor the Service to the extent permitted by law, including your communications and activities
via the Service, and in connection with your access and use of the Service, including without
limitation, information provided by you and information about your geolocation.
2. USER ACCOUNT
In order to access certain features of the Service, you may be asked to create a User Account. In
creating a User Account, you may be asked to provide certain personalized information to us.
Our information collection and use policies with respect to the privacy of such information are
set forth in the Service’s Privacy Policy, which is incorporated herein by reference for all
purposes. It is your responsibility to provide us with accurate, complete, and up-to-date
information for your account. You agree to promptly update such information as needed.
When you create a User Account, you agree to take full responsibility for maintaining the
confidentiality of your access credentials used to log into the Service (e.g., username and
password), and for all activity that is generated by your User Account. You may not permit
anyone else to use your access credentials, and you may not use anyone else’s access
credentials. You may not attempt to gain unauthorized access to any other user’s access
credentials. You agree to immediately notify us in the event that (i) your access credentials are
lost or stolen, or (ii) you become aware of any unauthorized use of your access credentials or of
any other breach of security that might affect the Service. We are not responsible for any loss or
damage arising from someone else using your access credentials or your failure to comply with
this section.
3. GENERAL USE OF THE SERVICE
Limited License
Subject to your compliance with these Terms, we hereby grant you a limited, revocable, non-
exclusive, non-sublicensable, non-transferrable license to: (i) access and use the Service on a
device that you own or control solely in connection with your use of the Service; and (ii) access
and use any content information and related materials that may be made available through the
service to you, in each case solely for your personal use. Any rights not expressly granted herein
are reserved by Elite Medicine and its licensors.
Prohibited Uses
Any commercial or promotional use, distribution, reproduction, or other exploitation of the
service, or any content, code, data, or materials on either the Site or the App, is strictly prohibited
unless you have received express prior written permission from us. Other than as expressly
allowed in these Terms, you may not download, post, display, publish, copy, reproduce,
distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or
otherwise exploit any content, code, data, or materials on or available through the Service. You
further agree that you may not alter, edit, delete, remove, otherwise change the meaning or
appearance of, or repurpose, any of the content, code, data, or other materials on or available
through the Service, including, without limitation, the alteration or removal of any trademarks,
trade names, logos, service marks, or any other proprietary content or proprietary notices. If you
make other use of the Service, or its content, code, data or materials, except as otherwise
provided above, you may violate copyright and other laws of the United States, other countries,
or applicable state laws and may be subject to liability for such unauthorized use.
You shall not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of
email or other addresses, contact or personal information, or any other automatic means of
obtaining lists of users or other information from or through the Service, including without
limitation any information residing on any server or database connected to the Service; (ii) obtain
or attempt to obtain unauthorized access to computer systems, materials, or information through
any means; (iii) use the Service in any manner with the intent to interrupt, damage, disable,
overburden, or impair the Service, including, without limitation, sending mass unsolicited
messages or “flooding” servers with requests; (iv) use the Service in violation of our or any third
party’s intellectual property or other proprietary or legal rights; (v) insert your own or a third
party’s advertising, branding or other promotional content into any of the Service’s content,
materials or services; or (vi) use the Service in violation of any applicable law. You further agree
that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse
engineer, decrypt, or otherwise alter or interfere with the Service, or any content thereof, or make
any unauthorized use thereof. You agree that you shall not sue the Service in any manner that
could damage, disable, overburden, or impair the Service or interfere with any other party’s use
and enjoyment of the Service.
Proprietary Rights
The Service is the proprietary property of Elite Medicine and/or its third-party licensors, and is
protected by U.S. and foreign copyright, trademark, and other intellectual property laws. Your
use of the Service does not grant you ownership of any content, code, data or materials you may
access on or through the Service or download from the Service.
4. MEDICAL DISCLAIMER
Elite Medicine’s Service is designed to enable you to request and book certain medical services
to be provided by a licensed medical professional.
These Terms apply to the Service. We may also present to you through your use of the Service
any terms specific to the use of a particular service (“Service-Specific Terms”). All Service-
Specific Terms are incorporated into these Terms by reference. To the extent that these Terms
conflict with the Service-Specific Terms, the Service-Specific Terms will control.
5. PAYMENTS.
Elite Medicine Members will be responsible for the payment of fees (“Fees”) to the Practice as
set forth in the Membership Agreement.
6. CANCELLATIONS
Cancellation of Services will be handled as set forth in the Membership Agreement.
Authorization to Charge.
By using the Practice’s services, you hereby authorize Elite Medicine to automatically charge
your credit card (or other payment method) for the applicable fees or charges, plus any
applicable taxes.
Misrepresentations.
If you misrepresent yourself in any manner, including but not limited to, a misrepresentation of
your age or medical history, Elite Medicine reserves the right to cancel your service without
notice and charge you the full amount.
7. MOBILE DEVICES
You agree to comply with any applicable third party terms of agreement when using the Mobile
Apps. You acknowledge and agree that the Device Providers, and their subsidiaries are third
party beneficiaries of these Terms, and that, upon your acceptance of these Terms, the Device
Providers will have the right, and will be deemed to have accepted the right, to enforce these
Terms against you as a third party beneficiary thereof. Apple® and iTunes® are registered
trademarks of Apple Inc. Google Play® and Android® are registered trademarks of Google, Inc.
8. INDEMNIFICATION
You agree to release, indemnify, defend and hold harmless Elite Medicine its parent, subsidiaries
and affiliates and its and their shareholders, officers, directors, employees, agents, and advisors,
from and against any and all losses, liabilities, claims (including claims without legal merit or
brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings,
judgments, awards, executions and liens, including reasonable legal fees and costs (whether
brought by third parties or otherwise) (collectively, “Claims”) due to or arising in any way from
your use of the Service, your placement or transmission of any message, any content, or other
information or materials through the Service, or your breach or violation of the law or of these
Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of
any matter subject to indemnification by you, which will not excuse your indemnity obligations
under this Section.
9. THIRD PARTY WEBSITES OR SERVICE
Our Site may contain links to, or advertisements and content from, other websites, including
those of third parties or business partners (“Linked Sites”). You acknowledge and agree that we
have no responsibility for the information, content, products, services, advertising, code, or other
materials which may or may not be provided by or through Linked Sites. The inclusion of any
link to such sites or third party advertisements on our Service does not imply our endorsement or
recommendation and we make no representations or warranties with respect to such sites or
advertisements or their respective goods or services. Any reliance on third party sites and
advertisements is done at your own risk.
10. DISCLAIMER OF WARRANTIES
WE PROVIDE THE SERVICE “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE”
AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE,
ACCURACY, SECURITY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS,
WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. WE DISCLAIM ANY AND
ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY, AND IMPLIED,
INCLUDING WITHOUT LIMITATION (i) WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WORKMANLIKE
EFFORT, ACCURACY, TITLE, AND NON-INFRINGEMENT, (ii) WARRANTIES OR
CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND
(iii) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE SERVICE
WILL BE UNINTERRUPTED OR ERROR-FREE.
11. LIMITATION OF LIABILITY
Exclusion of Certain Liability.
YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE
YOU ACCESS TO THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR
LIABILITY TO YOU AND TO THIRD PARTIES. TO THE EXTENT PERMITTED BY
APPLICABLE LAW, EeLITE MEDICINE, OUR DIRECTORS, ADVISORS, OFFICERS,
EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE
“PROTECTED ENTITIES”) SHALL NOT BE LIABLE FOR (i) ANY INDIRECT,
CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES
WHATSOEVER, OR (ii) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN
EACH CASE WHETHER DIRECT OR INDIRECT), ARISING OUT OF OR IN
CONNECTION WITH THE SERVICES AND THESE TERMS, WHETHER BASED IN
CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A
REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Limitation of Liability.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY
OF THE PROTECTED ENTITIES ARISING OUT OF OR IN CONNECTION WITH THE
SERVICE AND THESE TERMS WILL NOT EXCEED THE AMOUNT PAID BY YOUFOR
ACCESSING THE SERVICE, EVEN IF YOUR REMEDIES UNDER THESE TERMS FAIL
OF THEIR ESSENTIAL PURPOSE.
12. TERM AND TERMINATION
These Terms remain in full force and effect until they are terminated pursuant to the terms
herein, however either party may terminate these Terms at any time without notice. Upon any
termination or expiration, Elite Medicine will stop providing the Service to you and you will no
longer have access to the full functionality of the Site.
13. INFORMATION
We do not warrant or guarantee the accuracy, completeness or timeliness of any information
available via the Service. We do not authorize the use of information available via the Service
for any purpose other than your personal use. You may not resell, redistribute or use this
information for commercial purposes.
14. AVAILABILITY
Our goal is to provide a product with outstanding availability and reliability. Planned downtime,
intellectual property claims, and matters outside of our reasonable control are some of the
circumstances that may lead to the Service being unavailable. Although we strive to operate
without interruption, we do not guarantee that the Service will always be made available.
15. INFORMATION SECURITY
We have used commercially reasonable efforts to implement a variety of administrative,
managerial, and technical security measures designed to protect your personal information from
unauthorized use and disclosure. We cannot, however, guarantee security of the information
contained in your User Account or otherwise collected by us and we cannot promise that such
measures will prevent third-party “hackers” from illegally accessing the Service or its contents.
We are not responsible or liable for any third-party access to or use of the information contained
in your account or otherwise collected by us.
16. INTERNATIONAL VISITORS
We control and operate the Service from the United States of America. We do not represent that
materials on the Service are appropriate or available for use in other locations. Persons who
choose to access the Service from other locations do so on their own initiative, and are
responsible for compliance with local laws, if and to the extent local laws are applicable.
17. INTELLECTUAL PROPERTY AND COPYRIGHT INFRINGEMENT
We respect the intellectual property rights of others and ask our users, advertisers, licensors, and
service providers to do the same. If you believe that your intellectual property is accessible on
our Site or App in a way that constitutes infringement, please contact us at info@elite-
medicine.com. In accordance with the Digital Millennium Copyright Act, we have designated a
Copyright Agent to receive notices of claims of copyright infringement on the Site or App. Our
Copyright Agent may be reached at in**@el************.com
18. ELECTRONIC COMMUNICATIONS
The very nature of the Service provides communications by us and by electronic means (e.g., via
email, text message). For purposes of forming a legally binding agreement, you consent to
receive communications from us in an electronic form and agree that all terms and conditions,
agreements, notices, disclosures, and other communications that we provide to you electronically
satisfy any applicable legal requirements, including that these be made in writing. You
acknowledge that there is inherent risk in use of the Internet and that the information transmitted
through the Internet in general is not confidential. We cannot and do not guarantee the privacy
or protection of any electronic communications through the Internet.
19. REMEDIES FOR BREACH
If we determine, in our sole discretion, that you have breached any portion of these Terms, or
have otherwise demonstrated conduct inappropriate for the Site or App, we reserve the right to:
(i) remove your name and information from our notification lists; (ii) notify and/or fully
cooperate with the proper law enforcement authorities for further action; (iii) discontinue your
ability to use the Service; and/or (iv) any other action which we deem to be appropriate.
If your ability to access the Services is discontinued by us due to your violation of any portion of
the Terms or for conduct otherwise inappropriate, in our sole discretion, then you agree that you
shall not attempt to re-register with or access the Services and/or any other product, content, or
service provided by us, through use of a different name or otherwise.
The remedies contained in the Terms are not the exclusive remedies for your breach but will be
in addition to all other remedies available to us by law or in equity.
20. OTHER TERMS
20.1 Assignment. You may not assign or otherwise transfer any rights, or delegate or
otherwise transfer any of your obligations or performance, under these Terms, in each case
whether voluntary, involuntary, by operation of law, or otherwise, without our prior written
consent. Any purported assignment, delegation, or transfer in violation of this section is void.
Elite Medicine may freely assign or otherwise transfer all or any of its rights, or delegate or
otherwise transfer all or any of its obligations or performance, under this Agreement without
your consent. This Agreement is binding upon and inures to the benefit of the parties hereto and
their respective permitted successors and assigns.
20.2 Entire Agreement. These Terms constitute the complete and entire agreement between
you and Elite Medicine concerning its subject matter and supersedes all prior agreements and
representations between the parties.
20.3 Interpretation. The use of the terms “includes,” “including,” “such as,” and similar
terms, will be deemed not to limit what else may be included. The headings in these Terms are
for reference only and do not affect the interpretation of these Terms.
20.4 No Waiver. A party’s failure to delay or enforce a provision under these Terms is not a
waiver of its right to do so later.
20.5 Severability. If any provision of this Agreement is held to be unenforceable for any
reason, such provision will be reformed to the extent necessary to make it enforceable to the
maximum extent permissible so as to effect the intent of the parties, and the remainder of this
Agreement will continue in full force and effect.
20.6 Governing Law and Jurisdiction. This Agreement is governed by and construed under
the laws of the State of North Carolina without reference to its conflict of law principles. In the
event of any conflicts between foreign law, rules, and regulations, and North Carolina law, rules,
and regulations; North Carolina law, rules, and regulations will prevail and govern. Each party
agrees to submit to the exclusive and personal jurisdiction of the courts located in North
Carolina. All parties to these terms and conditions waive their respective rights to a trial by jury.
21. CONTACT US
If you have any questions concerning these Terms, please contact us at in**@el************.com.
