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SOUND MEDICAL ADVICE LLC TERMS AND CONDITIONS OF USE

  1. Acceptance of Terms Welcome to Sound Medical Advice, LLC (hereinafter also referred to interchangeably as “Sound Medical Advice” or “the Site”). By clicking “I Agree” on the account registration or payment page or using the Site in any way, you are agreeing to comply with and be bound by this Agreement, the Privacy Policy, and all rules, policies, waivers, and disclaimers posted on the Site or about which you are notified (collectively “Terms”).

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. By using this site, you (i) agree to be bound and signify your assent to these Terms and Conditions, (ii) represent that you are over the age of eighteen (18) and able to form legally binding contracts, and (iii) represent that you are physically located within the Commonwealth of Massachusetts. If you do not agree to all of these Terms and Conditions, do not use this site. Sound Medical Advice, LLC (“Sound Medical Advice”) may revise and update these Terms and Conditions at any time. Your continued usage of the Sound Medical Advice website (“Sound Medical Advice Site” or “the Site”), will constitute your acceptance to any such changes.

  1. Definitions The words “User,” “you” and “your” refer to the individual or entity that creates a Sound Medical Advice account as a Customer and/or Authority. “Sound Medical Advice,” “we,” “us” and “our” refer to Sound Medical Advice, LLC. “Customer” refers to the person who asks a question on the Site. “Authority” refers to the person who answers a question on the Site.
  2. Sound Medical Advice Is a Venue; Third-Party Content The Sound Medical Advice Site is a venue for informational and educational purposes, owned and operated by Sound Medical Advice LLC, that exists solely to broker relationships between Authorities and potential Customers of those Authorities who are interested in purchasing their services. Sound Medical Advice is not in the business of providing or selling information or education that is within any Authority’s area of Expertise. Users of the Site, not Sound Medical Advice, provide the content in Posts (defined below). The Authorities determine which questions to answer; Authorities are not employees or agents of Sound Medical Advice but are independent service providers using the Site to sell their knowledge to Customers and, as such, together with Customers, are simply Users of the Site. Sound Medical Advice is not involved in the conversations between Customers and Authorities and does not refer Customers to or endorse or recommend particular Authorities. You understand and acknowledge that Sound Medical Advice cannot and does not edit, modify, filter, screen, monitor, endorse or guarantee the content of Posts. Sound Medical Advice shall not be liable for any acts or omissions of Authorities, content in Posts or the ability of Authorities to answer questions. We cannot ensure that an Authority will complete a transaction. Notwithstanding the foregoing, Sound Medical Advice reserves the right, but is not obligated, to refuse to post or to remove any content and/or remove any User’s access to the Site. EMERGENCY QUESTIONS AND CRISIS SITUATIONS (particularly regarding medical or mental health issues) should not be directed to the Site and should, instead be directed immediately by telephone or in-person to qualified professionals (e.g. in the U.S., call 911). The Site is not the appropriate venue to deal with such situations.
  3. Posts Are Not Private or Confidential; Anonymity The Site is an Internet-based forum. Information and materials submitted in the content of your questions, answers, requests for information, responses, profiles, signatures, qualifications, comments, messages, and posts in the Authority Forum and other places where Users communicate on the Site (collectively “Posts”) is not private or confidential, nor is it protected by attorney-client, doctor-patient, or any other privilege, and it may be read, collected, and used by others. For example, search engines may index your questions, answers, and other Posts to allow them to appear in search engine results (e.g. if someone does a search on google.com or another search engine, your questions, answers, and other Posts on Sound Medical Advice, that relate to the search may appear in the search results list). To help protect your privacy, use an anonymous user name and do not include information regarding your identity or contact information in your Posts.
  4. Verification; No Reliance on the Term “Authority” Every Authority on the Site has had at least one verified credential relevant to the category in which they are answering questions. Details regarding the credential(s) for each Authority can be found by clicking the particular Authority’s biographical information. Information about an Authority, not shown as verified, has been provided by the Authority but has not been verified. Use of the term “Authority” by Sound Medical Advice, LLC, and on the Site is only meant to describe Users who answer questions on the Site, and not to guarantee any particular level of expertise of these Authority. Regarding the verification process, the results of the verifications are only as accurate as the information provided to Sound Medical Advice LLC, as of the time of the providing of information to and by the Authority. Sound Medical Advice makes efforts to verify, but cannot warrant or guarantee an Authority’s purported identity; user identification on the Internet is difficult. For these reasons, Sound Medical Advice cannot and does not represent, warrant or guarantee the truthfulness or accuracy of the credentials or identities of Users and information provided by Users including Authorities. You acknowledge that Sound Medical Advice will not be liable for any loss or damages caused by your reliance on any information or content contained in Posts.
  5. Information Not Treatment Advice; No Clinician-Patient Relationships Are Created Answers of Authorities on the Site are provided by Authorities and are to be used by Customers for general information purposes only, not as a replacement for, alternative to, substitute for in-person evaluation or specific medical or professional advice. By answering questions, Authorities do not intend to form, and do not form doctor-patient relationships with Users or Customers of the Site. The laws, regulations, other governing authorities, standards, practices and procedures that apply to your particular question may differ depending on information typically discovered through in-person evaluations or visits. Authorities in some categories may be licensed, certified, educated, employed by or have experience in only particular jurisdictions. No clinician-patient, or professional-client relationships shall be formed on the Site. Communications on this Site are not confidential and shall not be the subject of any associated privileges. Communications on this Site are limited, as described above, do not involve in-person evaluations or visits, and do not include safeguards and procedures typical of in-person evaluations and visits. Before you can interact with an Authority, you will be required to agree to a Disclaimer reminding you of these and other important provisions of the Terms.
  6. User Accounts; Restricted Activities; Suspension or Termination of Service User Accounts. When you register as a User on the Site, you can establish a user name and password for access to your online account. You are responsible for maintaining the confidentiality of your user name, password, and account data, and you may not share this information or your account with anyone else, and you will be solely responsible for all acts or omissions that occur under your account. You will immediately notify Sound Medical Advice LLC of any unauthorized use of your password or account. You should only create one account on the Site. If your Sound Medical Advice account has been suspended or terminated, you may not open another account on the Site. You agree to keep your contact and billing information (including but not limited to email address) up-to-date, and to comply with all billing procedures, including providing and maintaining accurate and lawful billing information for active Sound Medical Advice accounts. Bound by Representatives. You are responsible for and bound by the actions of, and transactions entered into by, your actual and appointed representatives whether authorized by you in writing, verbally, or otherwise to represent you at or with Sound Medical Advice. You are responsible for monitoring your appointed representatives and protecting the privacy of your username, login information and any other account or financial information provided to Sound Medical Advice or its vendors and agree to inform us immediately, in writing, of any unauthorized use of same. If you are checking in or logging in as a representative for anyone other than yourself, you agree that you are a duly appointed and authorized representative for that person or entity and have authority to bind that person or entity to any actions or transactions you conduct.
  7. Charges, Rating the Authority, Refund and Cancellation Policy Sound Medical Advice, LLC’s platform allows Customers to post questions to Authorities in subject-matter categories, facilitates communication with Authorities via chat, emails, and online message boards, and enables delivery of answers to your questions, among other services (“Site Access Benefits”). Customers on the Site or may be presented with one of three payment models: (1) pay-per-question model; (2) membership model; and (3) additional services model (which is explained in Section E below). Pay-Per-Question. With the pay-per-question model, you select the price that you are willing to pay for the Site Access Benefits related to a single question. Once you have selected the price and submitted your payment information, your question may be posted on Sound Medical Advice. Customers are charged in one of three ways depending on the payment source, as described on the payment page: (i) when the question is posted; (ii) at the time an Authority responds to the Customer’s question; or (iii) $5 upon the posting of a question, with the remainder charged at the time an Authority responds. Suspension or Termination of Service. Customers may terminate your service and account at your sole discretion and at any time by written notice via e-mail to soundmedicaladvice1@gmail.com. Terminations typically will be effective within seven business days after our receipt of your termination notice, at which time your account will be closed and you will no longer enjoy access to your former account. Any fees accrued as of the effective date of termination will be payable according to the Terms. The procedure for Authorities to terminate their accounts is set forth in the Authority Agreement.
  8. Release and Waiver Users are responsible for their acts and omissions and content placed on the Site. Sound Medical Advice, L.L.C., will not be liable to Users for any disputes that may arise between or among Users and/or between Users and Authorities. You acknowledge by utilizing the Site, you have freely, knowingly, voluntarily, and without duress or undue influence, hereby waived any cause of action you may presently have, or which may develop in the future, against Sound Medical Advice, and/or any agents, servants, and/or employees.
  9. Confidentiality You acknowledge that Sound Medical Advice and its licensors and suppliers own the rights to the Sound Medical Advice website and the content displayed on the Site other than Posts. You shall not modify, reverse engineer, decompile, disassemble, or attempt to derive the source code of the Sound Medical Advice website, any software distributed by or assist any other person or entity in doing so. You acknowledge that all content, including, but not limited to, text, software, music, sound, photographs, video, graphics or other material contained in listings, sponsor advertisements or email-distributed, commercially produced information presented to you by the Service, by Sound Medical Advice, Sound Medical Advice Users, or Sound Medical Advice Advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service, whether done directly or through intermediaries (including, but not limited to, by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds) including code and software for commercial purposes. For permission to use third-party materials appearing on the Site, please contact the copyright owner. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Any access to or use of Sound Medical Advice to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of or interoperation with Sound Medical Advice (including, without limitation, to access content, post content, cross-post content, re-post content, respond or reply to content, verify content, transmit content, create accounts, verify accounts, use accounts, circumvent and/or automate technological security measures or restrictions, or flag content) without the prior written authorization of Sound Medical Advice is prohibited. This prohibition specifically applies, but is not limited to, software, programs, applications and services for use or operation on or by any computer and/or any electronic, wireless and/or mobile device, technology or product that exists now or in the future. If you access Sound Medical Advice or copy, display, distribute, perform or create derivative works from content displayed on the Site or other intellectual property in violation of the Terms of Service or for purposes inconsistent with the Terms of Service, your access, copying, display, distribution, performance or derivative work is unauthorized. Circumvention of any technological restriction or security measure on Sound Medical Advice or any provision of the Terms of Service that restricts content, conduct, accounts or access is expressly prohibited. For purposes of this paragraph, you agree that cached copies of Sound Medical Advice webpages on your computer or computer server constitute “copies” under the Copyright Act, 17 U.S.C. § 101. You agree that Posts on the Site, materials, ideas, comments and testimonials you submit on the Site or other venues, will not be considered confidential and may be used by Sound Medical Advice, in its sole discretion, without any obligation to compensate for use of or to return any submitted materials. You also agree that Sound Medical Advice owns, and has the right to register in its name, trademarks and service marks for any category names that you create on Sound Medical Advice, so do not use a category name that you want to reserve for your own benefit. Sound Medical Advice may use other trademarks or service marks in lieu of the category names that you create. You grant to Sound Medical Advice a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights, including the right to use, reproduce, display, edit, copy, modify, transmit, publicly perform, extract and create derivative works thereof, that you have in your Posts and User Content, in any media now known or not currently known, with respect to any such Posts and other User Content.
  10. No Endorsement of Non-Sound Medical Advice Entity; No Relationship with Users Sound Medical Advice may endeavor to offer to its Users products and services offered by non-Sound Medical Advice entities. The Site may contain links to third party websites and service providers (collectively, “Third Party Services”) that are not owned or controlled by Sound Medical Advice. Sound Medical Advice has no control over and assumes no responsibility for the content, practices, and privacy policies of such Third Party Services. Sound Medical Advice encourages you to, and you acknowledge that you are solely responsible for, reviewing and complying with any third party terms and conditions and privacy policies. Sound Medical Advice cannot and will not censor or edit the content of any Third Party Service. Placement of information, logos, links or names of such non- Sound Medical Advice entities on the Site does not constitute an endorsement or warranty of these entities, their products or services. By using this Site, you agree that Sound Medical Advice is not responsible for, and you take full responsibility for, a decision to visit or patronize any such Third Party Service or entity, you hold Sound Medical Advice harmless from any and all liability arising from such actions, and you expressly relieve Sound Medical Advice from all liability arising from your use of Third Party Services. You further acknowledge that no relationship (such as partnership, agent, joint venturer, or employee) is created between you and Sound Medical Advice or between any User (including Customers and Authorities) and Sound Medical Advice by formation of this Agreement (or any of the Terms) or by your participation on the Site. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY OPINION, ANSWER OR OTHER CONTENT AVAILABLE THROUGH THE SITE, FROM THIRD PARTIES OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ANSWER, PRODUCT, SERVICE, OR OTHER CONTENT.
  11. Information Control and Storage We do not control the information provided by Users, which you may find to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site. There are also risks of dealing with underage persons or people acting under false pretenses. Additionally, there may be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and that Sound Medical Advice is not responsible for the acts or omissions of Users or Authorities on the Site. The amount of storage space per User is currently limited. You agree that Sound Medical Advice is not responsible or liable for the deletion or failure to store content and/or other information.
  12. Exclusion of Warranties SOUND MEDICAL ADVICE SERVICES, SOFTWARES, AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THIS SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS. SOUND MEDICAL ADVICE DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOUND MEDICAL ADVICE DOES NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF THE MATERIALS AVAILABLE THROUGH THE SERVICE, FROM THIRD PARTIES OR A LINKED SITE WILL BE CORRECT, ACCURATE, TIMELY, RELIABLE OR OTHERWISE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. UNDER NO CIRCUMSTANCES WILL SOUND MEDICAL ADVICE BE LIABLE FOR ANY LOSS, INJURY, OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE, FROM THIRD PARTIES (SUCH AS AUTHORITIES OR OTHERS) OR A LINKED SITE, OR USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A THIRD PARTY OR A LINKED SITE. USE OF THIS SITE IS AT USER’S SOLE RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SOUND MEDICAL ADVICE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY.
  13. Limitation of Liabilities IN NO EVENT SHALL SOUND MEDICAL ADVICE, ITS PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, JOINT VENTURERS, CONSULTANTS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, PROFITS, DATA, USE, REVENUE OR OTHER ECONOMIC ADVANTAGE), ARISING OUT OF, OR IN CONNECTION WITH, OUR SITE, OUR SERVICES OR THE TERMS BASED ON ANY THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. IN NO EVENT WILL OUR LIABILITY, AND THE LIABILITY OF OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE EXCEED THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO SOUND MEDICAL ADVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) US $100.
  14. Indemnification You agree to indemnify and hold Sound Medical Advice, its parents, subsidiaries, officers, directors, shareholders, employees, agents, joint venturers, consultants, successors and assigns harmless from and against all losses, costs, liabilities and expenses including reasonable attorneys’ fees, asserted by any third-party that are in any way due to, or arising out of, your use of or conduct on the Site.
  15. Choice of Law; Forum Selection The parties agree that this Agreement and any and all claims, causes of action or disputes (regardless of theory) between you and Sound Medical Advice arising out of or related to this Agreement, the Site and any services or content accessed therein will be governed by the laws of the Commonwealth of Massachusetts, without regard to conflict or choice of law principles.
  16. Severability Any provision of the Terms of Use that is found to be prohibited, unenforceable, or ineffective, shall be severable and ineffective to the extent of such prohibition or unenforceability only, without invalidating the remaining provisions of the Terms of Use. The language of this document shall otherwise be construed as a whole, according to its fair meaning and intent, and not strictly for or against any party given rights hereunder, regardless of who drafted, or is principally responsible for drafting this document, or any specific term or condition hereof.
  17. Representation of Comprehension By utilizing Sound Medical Advice, you expressly submit, agree, and acknowledge that you have both fully and completely read, and expressly understand the Terms of Use applicable to Sound Medical Advice.