Video MD, Inc. Terms and Conditions of Use

1. AGREEMENT - These Terms and Conditions of Use (“Terms”) shall be applicable to all sales of any goods or services (the “Products”) available for purchase through www.videomd.com (the “Website”) which are offered by Video MD, Inc., a Florida corporation with a registered office located at 9240 Sunset Dr., Suite 116, Miami, Fl 33173 (“Seller”) and accepted by the customer (the “Customer”). Delivery of any Products to Customer by Seller is expressly conditioned on Customer acceptance of these Terms without modification. For questions asked and answered by health care professionals, or for Concierge services.  You may not return or exchange a VideoMD Video and no refunds will be issued. You can cancel concierge services at any time.  If you are under the age of 18, you are not permitted to use the Services.
2. REJECTION - Seller expressly rejects all Customer proposals to delete, add to, modify or amend these Terms. All such proposed changes shall not be binding on Seller unless agreed to and accepted in writing by Seller prior to delivery of any Products.
3. HIPAA - As per the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), The Company uses SSL encryption to protect the information of patients on this site. It is expected that all of our clients and everyone who uses this site also abides by the information HIPAA is trying to protect. However, should a user of this website, this application, or this service not incorporate measures to protect the information of their patients or clients, then The Company shall not be held liable.
4. PRICE - The price for the Products shall be as specified by the Seller exclusive of all taxes and service fees which remain the responsibility of the Customer. Seller reserves the right to adjust prices of the Products, and to adjust any discounts or promotions that may be offered at Seller’s sole discretion. All purchases are subject to Product availability. If Seller determines that an ordered Product Is no longer available, Customer’s sole and exclusive remedy shall be a refund of purchase price. Seller reserves the right to impose quantity limits on any purchase or any Customer, to reject all or part of any purchase, to discontinue offering certain Products and to substitute equivalent Products without prior notice.
5. PAYMENT – Payment in full is required at the time of purchase and shall be made in US currency by any means indicated by the Seller as acceptable at the point of sale. By providing a credit card, debit card or other payment method that Seller accepts, Customer represents and warrants that Customer is authorized to use the tendered payment method and that Seller (or its third-party Payment Processor) is authorized to charge the tendered payment method for the total amount of Customer’s purchase, including any applicable taxes and other charges. Seller is not responsible for errors made by any third-party Payment Processor.
6. INTEREST - In the event payment is not received when due or is later denied or disallowed by Seller or any Payment Processor, interest shall accrue on all past due amounts at the rate of one and one-half percent (1.5 %), or the maximum permitted by law, on all past due amounts for each period of thirty (30) days or part thereof from the due date. Seller shall have the right to refuse to deliver additional Products to any Customer if the Customer is past due on any amounts due to Seller.
7. DELIVERY – Delivery dates and times identified by the Seller are estimates only. Delivery of services shall be upon the completion of the viewing of the services by Customer.
8. DISCLAIMER OF WARRANTY – SELLER DISCLAIMS ANY WARRANTY NOT EXPRESSLY PROVIDED HEREIN AND ANY IMPLIED WARRANTY, GUARANTY OR REPRESENTATION AS TO PERFORMANCE, QUALITY AND ABSENCE OF HIDDEN DEFECTS, AND ANY REMEDY FOR BREACH OF WARRANTY OR CONTRACT, WHICH BUT FOR THIS PROVISION, MIGHT ARISE BY IMPLICATION, OPERATION OF LAW, CUSTOM OF TRADE OR COURSE OF DEALING, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NO PRODUCT HEREIN IS TO BE TAKEN AS MEDICAL ADVISE.
9. LIMITS ON LIABILITY - IN NO CASE SHALL SELLER. ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OFANY PRODUCTSEVEN IF ADVISED OF THEIR POSSIBILITY. To the extent that any applicable law or jurisdiction does not allow the exclusion or the limitation of liability for all claims and remedies, these Terms shall be interpreted to grant the maximum limitation or exclusion of liability permitted by law.
10. FORCE MAJEURE – No liability shall result from delay in performance or non-performance by Seller caused by serious and unforeseeable circumstances beyond its control, including, for example, acts of God, fire, flood, epidemic, explosions, riots, wars, perils of the sea, labor troubles, machinery breakages, government actions or prohibitions, shortage of raw materials or energy and/or travel restrictions.
11. INTELLECTUAL PROPERTY – The Terms grant to Customer no right or other interest in any Seller intellectual property. The Customer shall not use any of Seller’s trademarks, copyrights, or other proprietary information without the prior written consent of Seller. Products sold to Customer are not intended for resale.
12. WEBSITE CONTENT –THE SITE DOES NOT PROVIDE MEDICAL ADVICE. All content available on the Website is intended to be generally descriptive of the Products and is not intended as medical advice on the prevention, treatment or cure of any medical condition. Website content is not intended as a substitute for the advice of medical professionals and shall not be used by Customer for that purpose. The contents of the VideoMD Site, such as text, images, video’s and other materials created by VideoMD or obtained from VideoMD's licensors, and other materials contained on the VideoMD Site (collectively, "Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or health provider regarding your medical condition. Never disregard professional medical advice or delay in seeking care because of something you have watched on the VideoMD Site. The materials contained on VideoMD, or “Product” submitted by VideoMD licensors, and purchased by customers are educational and for informational purposes only, and use of the Product does not establish a doctor-patient relationship! CUSTOMER’S USE OF THE WEBSITE CONTENT IS UNDERTAKEN SOLELY AT CUSTOMER’S OWN RISK. When using the VideoMD Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of VideoMD and its suppliers. Accordingly, VideoMD assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the VideoMD Site. VideoMD is intended as an educational resource only, while it is HIPAA compliant.  We suggest To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information. By uploading any media on the VideoMD Site or a Social Media Platform, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein.
13. SEVERABILITY - Whenever possible, each provision of the Terms shall be interpreted in such a manner as to be effective and valid under the applicable law. The determination by any Court of competent jurisdiction that one or more of the sections or provisions of these Terms are unenforceable shall not invalidate other unrelated provisions of the Terms, and the decision of such Court shall be given effect so as to limit to the extent possible the sections or provisions which are deemed unenforceable.
14. INTEGRATION – These Terms constitute the entire agreement between Customer and Seller relating to Customer’s use of the Website and any order, receipt, and use of the Products. The Terms are intended solely for the benefit of the Seller and Customer and are not intended to confer third party beneficiary rights upon any other person or entity except as expressly set forth in the Terms.
15. AMENDMENT – These General Conditions of Sale cannot be orally changed, modified, amended or discharged, in whole or in part. Any change, modification, amendment or discharge, to be effective, must be in writing, signed by an officer or employee of SELLER duly authorized to sign on behalf of SELLER.
16. APPLICABLE LAW - These General Conditions of Sale shall be governed by and construed in accordance with the laws of the State of Delaware without regard to conflict of law principles. The Vienna Convention on the International Sale of Goods (CISG) shall not be applicable and is expressly disclaimed.
17. DISPUTE RESOLUTION - If any claim or cause of action (a “Dispute”) arising from the purchase or use of any Product cannot be resolved in a timely manner in the normal course of business, then at the written request of either party, a meeting shall be held between the Parties and/or their attorneys at a mutually agreed to time and mutually agreed to place (or by teleconference), attended by a senior representative of each Party and/or their attorneys who has full decision-making authority regarding such Dispute, to attempt to negotiate a prompt and equitable resolution of such Dispute. Unless otherwise agreed to by the Parties, such meeting shall take place within ten (10) days after the request for such meeting pursuant to this Section. If within thirty (30) days after such meeting, the Parties have not succeeded in negotiating a resolution of such Dispute, then either Party may initiate a claim to resolve the Dispute by binding arbitration. Any arbitration procedure shall be convened in the State of Florida and be heard by a qualified sole arbitrator with relevant experience whose billing rate shall not exceed $500/hour. The arbitration shall proceed under the Commercial Arbitration Rules of either AAA or JAMS however, the arbitration need not be facilitated by AAA or JAMS. Notwithstanding any contrary provision of the applicable arbitration rules, the total time from the filing of the initial arbitration claim to the rendering of a final written decision on all matters in arbitration shall not exceed six months.
18. Physician payments are made monthly.  VideoMD charges a 10% fee on all transactions, including the concierge services.  There is also a tiered monthly fee depending on the amount of content used, and additional content generated through VideoMD.  Physician payments may also be charged an additional fee for all payments made through third party services. This fee is necessary to cover the costs associated with processing payments through these services.  

    Changes to Fee Schedule

    VideoMD reserves the right to change the fee schedule at any time. Any changes to the fee schedule will be effective immediately, and will be posted on the VideoMD website.