Terms and Conditions
This website has been developed as a service of shiftMD, LLC (“shiftMD”). By accessing and using the web site located at www.shiftmd.com (the “Web Site”), you agree to be bound by the Terms and Conditions (hereinafter, the “Terms” or “Agreement”) in effect at the time of each such access or other use. You also acknowledge that shiftMD may, from time to time, in its sole discretion and without notification to you, change these Terms. You should review the Terms each time you visit or use the Web Site. If you do not agree to these Terms, do not use the Web Site. As used in these Terms, “we” includes shiftMD, its subsidiaries, affiliates, and any third-party vendors we hire to assist in the administration of the Web Site, the collection, cataloging and/or analysis of data, and/or the processing or handling of any visitor transactions.
License and Access to the Web Site
No person under the age of eighteen (18) is authorized to access or use this Web Site. User access to, and use of, the Web Site is subject to all applicable federal, state and local laws and regulations. Use of this Web Site is void where prohibited. By using this Web Site, you represent and warrant that you are eighteen (18) years of age and that you have the right, authority and capacity to enter into this Agreement and abide by the Terms.
This Web Site provides information that must not be used as a substitute for the advice of your own physician (“Your Own Physician”). Information available from the Web Site is not intended to be used to diagnose any medical condition or disease. Always consult Your Own Physician directly concerning any health problem, medical condition or disease, and before taking any new medication or changing the dosage of medications you are currently taking. Always carefully read the information provided with your medications.
shiftMD grants you a limited, non-transferable license to access and use the Web Site. This license shall not include any resale or commercial use of the Web Site or its contents; any derivative use of the Web Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including shiftMD’s, text, page layout, or form) of shiftMD or our affiliates without our prior express written consent.
shiftMD accepts no liability for the accuracy or completeness or use of, nor any obligation to update, the information contained on this Web Site. We make no guarantees regarding the availability of the Web Site. Furthermore, we reserve the right, within our sole discretion, to discontinue the Web Site. You agree that we will not be liable to you for any such discontinuance or modification of the Web Site. Any rights not expressly granted by these Terms are reserved by us.
You are under no obligation to use or continue to use the Web Site and may temporarily or permanently cease using the Web Site without notice to shiftMD. Any use of the Web Site, or any portion thereof, in violation of the foregoing shall constitute a violation of these Terms and may result in, among other things, termination or suspension of your rights to use the Web Site or any portion thereof.
Before using certain areas of the Web Site you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked ”I Accept,” “I Agree,” “Okay,” “I Consent” or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Agreement. To the extent there is a conflict between these Terms and any Click-Through Agreement, the Click-Through Agreement will govern.
Account Registration and Payments
Any payments made via the Web Site will be processed and charged by the third party or company designated by shiftMD in accordance with the payment method that you select at the time of payment. If you are paying by credit or debit card, by designating a card to be billed, you confirm that you are authorized to make such payment and that you are either the holder of such card (i.e. that the card is issued in your name), or you are authorized to use the credit card by the holder.
In the event any product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, shiftMD shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. shiftMD shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, shiftMD shall immediately coordinate the issuance of a credit to your credit card account in the amount of the charge.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. shiftMD reserves the right at any time after receipt of your order to accept or decline your order for any reason. shiftMD reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed must obtain pre-approval with an acceptable method of payment, as established by our credit card processor(s). We may require additional verifications or information before accepting any order.
Online Purchases and Other Terms and Conditions
As noted above, you should consult your own physician for medical advice and treatment. In particular, you should talk to your own physician whether any shiftMD product is appropriate for you. Neither shiftMD nor any of its affiliates is responsible for any injury arising out of any purchases from this WebSite.
shiftMD does not participate in Medicare, Medicaid, TRICARE or any other federal or state healthcare program. shiftMD is also not a participating provider in any commercial healthcare plan. As such, the purchases made through the Web Site will not be directly reimbursed by any such healthcare program or plan. If you are a beneficiary or participant in any such program or plan, you may inquire with that program or plan as to the reimbursement status of the purchases made through the Web Site. You are not required to make purchases through the Web Site and may elect to obtain the products elsewhere, including through vendors that do participate in healthcare programs and plans. Making a purchase through the Web Site does not obligate you to make additional or continued purchases; you have freedom of choice in the selection of a vendor.
Online and Text Communication
Any unprotected e-mail communication over the Internet is, as with communication via any other medium (e.g. cellular phones, post office mail, etc.), not confidential, subject to possible interception or loss, and/or to possible alteration. As a result, do not send anything that you deem to be confidential. shiftMD is not responsible for and will not be liable to you or anyone else for any damages in connection with an e-mail sent by you to shiftMD or an e-mail sent by shiftMD to you at your request.
Restrictions on Your Use
All content within the Web Site and any materials made available on these pages for downloading, if any, are the property of shiftMD and/or its affiliates or other third parties. The Web Site and portions of the Web Site are protected by copyright and trademark laws. This Agreement does not grant any license to modify or alter the materials on the Web Site that are viewed, downloaded or otherwise accessed by you. You shall keep intact all proprietary notices, including copyright notices, contained on any downloadable materials. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any and all harm resulting from your use of the Web Site.
To the extent applicable, when accessing the Web Site, you are required to use the security procedures currently or hereafter maintained by us to confirm that only authorized users have access to certain information provided at, or contained in, the Web Site. You are prohibited from utilizing alter-egos or other disguised identities when accessing the Web Site. All forms of indirect and ‘spoofed’ access are strictly prohibited.
Intellectual Property Ownership
Any and all intellectual property rights associated with the Web Site, including, without limitation, design, texts, graphics, pictures, video, information, applications, software, music, south, and other files contained therein or related thereto, and the arrangement thereof, any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights and patents (“Intellectual Property”) are the sole property of shiftMD or third parties. Except as otherwise expressly authorized by these Terms, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Web Site in any way without the express written consent of shiftMD or the express written consent of the appropriate third party, as applicable. Except as provided herein, shiftMD does not grant to you any express or implied rights to shiftMD or any third party’s Intellectual Property.
This Web Site may provide or include links to other world wide web sites or resources. While shiftMD attempts to provide links only to third-party websites that comply with all applicable laws and regulations and shiftMD’s standards, please understand that the content on these third-party websites is subject to change without notice to shiftMD. Because we have no control over such sites and resources, you acknowledge and agree that shiftMD is not responsible for the availability of such external sites, or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. YOU FURTHER ACKNOWLEDGE AND AGREE THAT shiftMD SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS, OR SITES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE.
shiftMD prohibits caching of any portion of the Web Site and any unauthorized hypertext links to the Web Site. We reserve the right to disable any unauthorized links or frames. If you desire to provide a hyperlink from your website to the Web Site, you must contact shiftMD to discuss mutually agreeable terms for such hyperlink.
The owner of this Web Site is based in the State of Florida in the United States. We provide this Web Site for use by persons located in the United States. We make no claims that the Web Site or any of its content is accessible or appropriate outside of the United States. Access to the Web Site may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, you do so on your own initiative and are so responsible for compliance with local laws.
Exclusion of Warranty
Any use of the Web Site or reliance upon any of the information contained therein, and any use of the Internet generally shall be at your sole risk. shiftMD disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information accessible by use of the Web Site.
SHIFTMD PROVIDES CONTENT ON THE WEB SITE AS A SERVICE TO YOU. THE WEB SITE CANNOT AND DOES NOT CONTAIN INFORMATION ABOUT ALL MEDICAL CONDITIONS AND MAY NOT CONTAIN ALL INFORMATION THAT IS APPLICABLE TO YOUR PERSONAL CIRCUMSTANCES. THE WEB SITE IS NOT INTENDED FOR DIAGNOSIS AND SHOULD NOT BE USED AS A SUBSTITUTE FOR CONSULTATION WITH YOUR OWN PHYSICIAN.
shiftMD MAKES NO WARRANTY OF ANY KIND REGARDING THE WEB SITE AND/OR ANY MATERIALS PROVIDED ON THE WEB SITE, ALL OF WHICH ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. shiftMD DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THE WEB SITE AND EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. shiftMD DOES NOT WARRANT THAT THE WEB SITE, ITS SERVERS OR ANY E-MAIL SENT FROM IT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER shiftMD, NOR ITS AFFILIATES, MAKES ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING (1) THE OPERATION OR PERFORMANCE OF THE WEB SITE, (2) ANY INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH THE WEB SITE OR ANY LINKS PROVIDED BY OR THROUGH THE WEB SITE; (3) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE WEB SITE; OR (4) THE INTERNET GENERALLY.
SOME 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 JURISDICTION TO JURISDICTION AND THAT MAY NOT BE LIMITED BY THESE TERM, PROVIDED HOWEVER YOU AGREE AND ACKNOWLEDGE THAT TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU WAIVE ANY SUCH STATUTORY RIGHTS WITH RESPECT TO IMPLIED WARRANTIES.
Limitation of Liability
shiftMD ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEB SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE WEB SITE. IN NO EVENT SHALL shiftMD BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGES, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY USE OF THE WEB SITE OR CONTENT FOUND THEREIN.
Although this Web Site is accessible worldwide, not all information, products or services discussed or referenced herein are available to all persons or in all geographic locations. This Web Site is controlled and operated by shiftMD from its offices within Miami-Dade County, Florida. shiftMD makes no representation that materials on the Web Site are appropriate or available for use in other locations. Those who choose to access this Web Site from other locations do so on their own initiative and are responsible for compliance with local laws.
Choice of Law and Forum
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States of America, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms shall be filed only in the state or federal courts located in Miami-Dade County, Florida, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purposes of litigating such claim or action.
Indemnity and Release
By using this Web Site, you agree to indemnify shiftMD and its parents, subsidiaries, affiliates, and their respective officers, directors, managers and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from your use of the Web Site or any breach of this Agreement. By using the Web Site, you are hereby agreeing to release shiftMD and its parents, subsidiaries, affiliates, and their respective officers, directors, managers and employees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to your use of the Web Site.
Severability and Integration
Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and shiftMD with respect to this Web Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and shiftMD with respect to this Web Site. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties and the remaining portion shall remain in full force and effect.
Changes to the Terms
We may periodically modify and supplement these Terms and the notice provided to you will be the updating of these Terms. You are responsible for regularly checking these Terms for revisions. All amended Terms become effective upon our posting to the Web Site, and any use of the Web Site after such revisions have been posted signifies your consent and agreement to the modified Terms.
This Agreement was last modified and is effective as of October 1, 2019.