Weight Loss Assessment

DO NOT USE THIS SERVICE FOR EMERGENCY MEDICAL CONDITIONS OR NEEDS. IF YOU ARE CURRENTLY EXPERIENCING A MENTAL HEALTH OR OTHER MEDICAL EMERGENCY, IMMEDIATELY CALL 911.
If you are considering suicide or thinking about taking an action that may cause harm or danger to you or to others, you must immediately call 911. If you are considering suicide, we urge you to call the National Suicide Prevention Hotline at 1-800-273-TALK (8255).

Only use our service if you’ve read this information and subsequently made an informed decision that our service is right for you. If you have any questions, please send us a message through our help center at Support@OceansMDOnline.com.

By signing and/or opting to agree to this form, I understand and agree with the following:

Telehealth/Telemedicine (“telehealth”) involves the use of electronic communications to enable Authorized Providers at different locations to share individual patient medical information for the purpose of improving patient care. I consent to receive treatment via telehealth from OceansMD LLC Authorized Providers. Authorized Providers may include primary care practitioners, specialists and/or subspecialists, nurse practitioners, registered nurses, medical assistants, and other healthcare providers who are part of my clinical care team. In addition to myself and the members of my clinical care team, I may choose to have my family members, caregivers, or other legal representatives or guardians join and participate in the telehealth service, and I may agree to share my personal information with such family members, caregivers, legal representatives, or guardians if I choose to have them join in my telehealth services. The information may be used for diagnosis, therapy, follow-up and/or education.

Telehealth/Telemedicine requires transmission, via Internet or tele-communication device, of health information, which may include:

Progress reports, assessments, or other intervention-related documents; and

Videos, pictures, text messages, audio, and any digital form of data

The laws that protect the privacy and confidentiality of health and care information also apply to telehealth. Information obtained during telehealth services that identify me will only be provided to someone with consent, except for purposes of treatment and healthcare operations. By agreeing to use the telehealth services, I am consenting to the sharing of my protected health information with certain third parties as more fully described in OceansMD’s Privacy Policy. I understand and expressly consent to OceansMD LLC obtaining, using, storing, and disseminating to necessary third parties, information about me, as necessary to provide the telehealth services and as specified in the Privacy Policy.

I understand that I must check the Website for messages because this is the way that the Authorized Provider will communicate important information to me. I understand that if I do not check the Website regularly, then my care may be delayed.

I understand that if I have any questions relating to my care that are not urgent, I can message the Authorized Provider through the Website. I understand that the Authorized Provider may not review and respond to my messages until the next business day depending on when the message was sent.

Telehealth sessions may not always be possible. Disruptions of signals or problems with the Internet’s infrastructure may cause broadcast and reception problems (e.g., poor picture or sound quality, dropped connections, audio interference) that prevent effective interaction between the Authorized Provider, participant, patient, or care team.

I hereby release and hold harmless OceansMD and all members of my care team from any loss of data or information due to technical failures associated with the telehealth service. I understand and agree that the health information I provide at the time of my telehealth service may be the only source of health information used by the Authorized Provider during my evaluation and treatment at the time of my telehealth visit, and that such Authorized Provider may not have access to my full medical record or information.

For more details about how OceansMD protects and uses your health information see our Privacy Policy.

I understand that I will be given information about tests, treatments, and procedures, as applicable, including the benefits, risks, possible problems or complications, and alternate choices for my medical care through the telehealth visit.

I have the right to withhold or withdraw consent to the use of telehealth services at any time and revert to traditional in-person clinic services. I understand that if I withdraw my consent for telehealth, it will not affect any future services or care benefits to which I am entitled.

I hereby consent to the use of telehealth in the provision of care and the above terms and conditions.

Last Updated: October 27, 2023

This privacy policy (“Privacy Policy”) describes how OceansMD and/or our owners and/or affiliates (collectively “Company,” “our,” “we,” or “us”) collect, use, disclose, and protect information about you provide through the OceansMD website located at https://oceansmdonline.com. (together, the “Site”). This Privacy Policy applies only to information that is collected in connection with your use of the Site. It does not apply to any other offerings, products or services. If you do not want us to collect, use or disclose information about you and your use of the Site as described in this Privacy Policy, then you should not use the Site. By using the Site, you are accepting the practices set out in this Privacy Policy and our Terms of Use.

If you are a resident of California, please see our California Privacy Notice available here.

About the Site

The Site gathers several types of information from and about users of the Site, including medication information, geographic location and user preferences. Among other things, this allows the Site to:

Check the prices of your medication at multiple pharmacies near you;
Show you comparable prices for your medication using information received from third parties;
Send you a discount card if requested; and
Provide coupons for your use at the pharmacy of your choice.

Categories of Information We Collect

The information we collect from or about you allows us to provide our services and helps us personalize and improve your experience on the Site. You may print or download a discount card to use our service without registering with us or creating an account. Depending on how you use the Site, we may collect the following categories of information directly from you:

Information about medications you are seeking to fill (such as medication names and dosage) and your preferred pharmacy.
Information about your purchase transactions, including purchases using our discount card, including drug name and pharmacy location.
Geographic location information from you or your device, including your geolocation data, zip code, region, city, street address, time zone, latitude and longitude information. Please note that we will not access precise geo-location information from your device, unless you grant the Site permission to do so.
User preferences.
Technical data and related information, such as information about your device, system and application software, peripherals and other data related to your interactions with the Site.
Metadata and other information associated with or stored on your device.We may also collect information directly from you outside of the Site if you provide it to us, for example, if you send Customer Service a request or email.When you use the Site, we automatically collect some categories of information from you, such as information about your use of the Site (e.g., features used, content viewed, dates and times of interactions) and technical data about your device, such as operating system, model, device identifier, and IP address.We may also automatically collect certain technical information relating to you, which your web browser automatically sends whenever you visit a website on the Internet, or which is collected when you use a mobile application (see the section “Cookies and Similar Tools” below for more information). For example, we use Google Analytics, a web analytics service provided by Google, Inc. (“Google”) to collect information relating to your use of the Site. Google Analytics uses “cookies”, which are text files placed on your device, to help us analyze how you use our Site. You can find out more about how Google uses data by visiting “How Google uses information from sites or apps that use our services”, located at
https://policies.google.com/technologies/partner-sites.

How We Use the Information We Collect

Information we collect about you may be used for the following purposes:

Operating the Site, including to provide you the Service features.
To provide you the information and services you request when you use the Site.
To customize your experience when you use the Site, for example to provide you with interactive or personalized elements or provide you with content based on your interests, requests, and location.
Improve the Site and other Company products or services, including by developing new products and services, perform quality control activities, and conduct data analytics.
Provide account management, patient care, customer service, and engaging in system maintenance.
Deliver marketing communications, such as promotional materials or advertisements, including materials and advertisements for services offered by us and/or third parties that might be of interest to you, either directly to you or through third party apps or websites.
Communicate service-related or required notices about the Site to you, which may include communications by email or by text messages (i.e., SMS) at the mobile device number you provide us.
Detect, prevent, and respond to suspected fraud, intellectual property infringement, violations of our Terms of Use, violations of law, or other misuse of the Site.
Perform data analytics, including to compile, synthesize, generate and analyze anonymous usage and other aggregated statistics and information.
Monitor your use of the BIN/PCN/RXGroup/Member ID or other information we provide to you.
When permitted by applicable law, we may also:
Combine the information you provide us, or that we collect from third parties, with other information maintained by us, and use that combined information for any of the above purposes.
De-identify your information by removing information typically used to identify you and use that de-identified information for any purpose permitted by law.

How We Share Information We Collect

Your information may be disclosed to the following third parties:

Pharmacies and other partners who help us provide the services available through the Site to you.
Business partners, who may deliver marketing communications, promotional markets, advertisements, or other information, including about other services offered by us and/or third parties, that may be of interest to you. You will be given the option to opt out of marketing messages. If required to do so by law or if we have a good faith belief that disclosure is necessary to (1) comply with the law or with legal process served on us; (2) protect and defend our rights or property; or (3) to protect someone’s safety.
Advisors, potential transactional partners, or other third parties related to the consideration, negotiation, or completion of a corporate change of control resulting from, for example, a sale to, or merger with another entity. If all or substantially all our assets or stock is acquired by a third party, whether by merger, acquisition, reorganization or otherwise, we may transfer our user database, including personal information contained in it, to the third party.
Service providers who work on our behalf or partner with us to provide or improve the Site or related products or services or carry out activities on our behalf. Our service providers are required to agree to protect your personal information consistent with this Privacy Policy.

Note: All other use case categories exclude text messaging origination opt-in data and consent; this information will not be shared with any third parties.We and our service providers may share reports on user demographics and traffic patterns that do not identify you, as well as other information that does not identify you with third parties.

Information Security

We take reasonable steps to protect your personal information, which is any information that identifies you or could reasonably be linked to you. We also use encryption technology, called Secure Sockets Layer (SSL), to help protect personal information in certain areas of our Site during transport across the Internet. The presence of SSL encryption may be indicated by https in the browser URL or the image of a closed lock or solid key in the browser window. These indications may not be present in mobile services that use SSL.

Unfortunately, there is always some risk that an unauthorized third party may find a way around our security measures. We cannot guarantee that the Internet or any other technical system will be 100% secure or error-free. We are not responsible for the security of information you transmit over networks that we do not control, including the Internet and wireless networks. Please note that e-mails and other communications you send to us are not encrypted, and by communicating with us by email you accept the risk that any personal information contained in the email may be intercepted or accessed by unauthorized parties.

Your Choices

You may opt out of receiving marketing emails by using the unsubscribe information available in any marketing email, or by emailing us at Support@OceansMDOnline.com. To the extent that you use the Site, there are certain messages you may not opt out of receiving, such as non-promotional email messages about programs or services you have registered for or certain administrative, technical, or safety notices about the Site or our products or services.

The Site does not currently respond to “do not track” signals or other mechanisms that provide a method to opt out of the collection of information over time and across websites and online services you may use. If we do so in the future, we will describe how we do so in this Privacy Policy. Visit the following website, for more information on this developing area. www.allaboutdnt.org

Information About Minors

The Site is intended for adults only and are not directed to, nor do we knowingly collect information from, individuals under the age of 18. If you become aware that your child or any individual under your care who is under the age of 18 has provided us with information without your consent, please contact us at the contact information listed below.

California Residents

Pursuant to California Civil Code Section 1798.83, if you are a California resident, you have the right to request information about how and to whom we disclose certain categories of your personal information for their direct marketing purposes, once per calendar year. You can make this request to us via email at: Support@OceansMDOnline.com or by calling toll-free at (201) 584-9673 .

If you are a resident of California, please see our California Privacy Notice for additional provisions that apply to you.

Links to Other Websites

Our Site may include links to external third-party websites and online services that are not under our control. We are not responsible for the collection, use, and disclosure of your information on those websites and other online services provided by those third parties. We encourage you to review the privacy policies and terms of use of each website and other online service you visit. The inclusion of links to external third-party websites and online services does not imply endorsement of, or association with, such websites and online services by us, or any warranty of any kind, either express or implied.

Cookies and Similar Tools

We use cookies to collect, store and sometimes track information from your computer or mobile device automatically for statistical purposes to improve the Site. If you use our Site, we will use a cookie, web beacons and other similar technologies on our website to save your settings and to provide customizable and personalized services. A cookie is a unique numeric code that we transfer to your computer that lets us know your location, the information visited while on our website and the third-party websites you visited before accessing our website. Web beacons are small pieces of code placed on our website that allow us to obtain information about website usage. We retain the information we receive from the cookies we place on your computer. These cookies do not enable third parties to access any of your personal information. If you prefer not to receive cookies from the Site, then set your browser to refuse all cookies from any websites that you may visit. This will provide you with more control over the acceptance of cookies on your computer. However, it is possibility that some portions of the Site will not function properly or may perform more slowly. By using our Site and not disabling cookies, you consent to their use. Please note that other tracking technologies may still function.

Retention

We will retain your personal information in accordance with our record retention policies and as permitted by applicable law unless you instruct us to remove it by contact us at Support@OceansMDOnline.com. We will also retain your personal information as necessary to comply with legal obligations, resolve disputes, and enforce our agreements. You can update the personal information you have provided to us at any time by writing to the program administrator at OceansMD LLC/Manifest Pharmacy. Attn: Privacy Team/Regulatory Compliance,

33 SW 4th St.
Suite 100
Boca Raton, FL 33432

Access from Outside the United States

If you access the Site from outside the United States, please be aware that personal information may be transferred to, stored in, and processed in the United States. Certain governmental authorities may not consider the level of protection of personal information in the United States to be equivalent to that required by the in other jurisdictions.

Changes and Updates

We may make changes to our Privacy Policy from time to time. When we do so, we will post the revised Privacy Policy on our Site and change the “last updated” date. Please check the “last updated” date at the top of this page to determine if the policy has been modified since you last reviewed it. Your continued use of the Site after that date means you agree to this Privacy Policy and any updates.

Contact Us

If you have any questions about this Privacy Policy, please send them to Support@OceansMDOnline.com or you may call us at (201) 584-9673 Monday – Sunday, 10am-6pm EST. You may also write to us in care of our administrator at:Attn: Privacy Team/Regulatory Compliance
OceansMD LLC

33 SW 4th St.
Suite 100
Boca Raton, FL 33432

Last Updated: October 26, 2023

These Terms of Use (“Terms of Use”) are applicable to your access to and use of the OceansMD website located at https://oceansmdonline.com (throughout these Terms of Use, and the website may collectively be referred to as the “Site” or may be referred to individually) and any materials, information, products, or services (“Services”) provided through the Site operated by or on behalf of OceansMD LLC and/or our owners and/or affiliates (collectively “Company,” “our,” “us,” or “we”) or contracted by OceansMD LLC and provided by a third party (collectively “Third Party”).

Your access to and use of the Site, and the information and Services available through the Site, are subject to the terms, conditions and notices contained in or referenced in these Terms of Use, as well as any other written agreement between us and you. In addition, when using particular Services on the Site, you will be subject to any posted rules applicable to those Services that may contain terms and conditions in addition to those in these Terms of Use.

By accessing or using the Site, you agree to these Terms of Use, as updated from time to time. Please read them carefully. If you do not understand or agree to be bound by these Terms of Use, do not access or use the Site or Services. We may revise these Terms of Use at any time and any revisions will take effect immediately upon posting on this Site, unless we state otherwise. Please check this Site periodically for updates.

Privacy Policy

The OceansMD Privacy Policy and California Privacy Notice are part of these Terms of Use and are incorporated into the Terms of Use by this reference. By accepting these Terms of Use, you agree to our collection, use, and disclosure of information as described in the Privacy Policy and California Privacy Notice as modified from time to time. We encourage you to review the Privacy Policy and California Privacy Notice at https://oceansmdonline.com/privacy and https://oceansmdonline.com/ccpa

Not Medical Advice

The contents of the Site and Services are for informational purposes only and are intended to assist you in understanding your health. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment.

ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDERS WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION.

WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR DAMAGES OR INJURY TO PERSONS OR PROPERTY ARISING FROM ANY USE OF ANY MATERIALS, CONTENTS, PRODUCTS, SUPPLIES, INFORMATION, IDEAS, OR ADVICE CONTAINED IN THE APP, OceansMD LLC, AND/OR SERVICES.

You acknowledge and agree that certain Services provided through the Site and Services, depend on information that you input into the Site. We do not recommend or endorse any drug or product or course of treatment.

We do not recommend or endorse any specific prescription drug or product or health care provider or pharmacy that may be mentioned on the Site. Reliance on any information provided by us, our employees or Third Parties is solely at your own risk. The information provided by the Site and Services is not a basis for diagnosis of any medical condition, disease, or therapy.

YOU ARE ADVISED TO ALWAYS SEEK THE ADVICE OF YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT OR ALTERING YOUR EXISTING TREATMENT. THE APP, OceansMD LLC, AND THE SERVICES ARE NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOU AND YOUR UNIQUE MEDICAL HISTORY. YOU UNDERSTAND AND AGREE THAT YOU SHALL NOT DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING PROFESSIONAL MEDICAL ADVICE BECAUSE OF SOMETHING YOU READ OR LEARNED FROM THE APP, OceansMD, AND/OR THE SERVICES.

Our Services

Services offered through the Site are NOT health insurance benefits or policies and are not intended as a substitute for health insurance. By ordering from https://oceansmdonline.com you agree that you may not submit a claim for telemedicine services provided to Medicare, any other federal payor, or any state or private payor.

While there may be a preferred pharmacy used, patient has the ability to direct their prescription to any pharmacy of their choosing. Please email Support@OceansMDOnline.com if you would like to use your own pharmacy before completing your order.

There is no guarantee that a patient will be treated by a provider. As determined by the provider, care or specific treatments may not be appropriate for each patient. Each provider reserves the right to deny care for potential misuse of services or for any other reason if, in the professional judgment of the provider, the provision of services is not medically or ethically appropriate. There is no guarantee that a patient will be issued a prescription and that the decision of whether a prescription is appropriate will be made in the professional judgment of the provider.

Important Contact Information by State

FLORIDA BILL OF RIGHTS FOR WEIGHT LOSS

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0501/Sections/0501.0575.html

CALIFORNIA NOTICE TO CONSUMERS

Medical doctors are licensed and regulated by the Medical Board of California.

(800) 633-2322

www.mbc.ca.gov/

Complaints may be filed online at http://www.mbc.ca.gov/

Breeze/Complaints.aspx or submitted in hard copy form. A Consumer Complaint Form, including instructions for completing it, may be found at http://www.mbc.ca.gov/

Consumers/Complaints/

Submit_By_Mail.aspx. A hard copy Consumer Complaint Form should be submitted to:

Medical Board of California

Central Complaint Unit

2005 Evergreen Street, Suite 1200

Sacramento, CA 95815

The Central Complaint Unit of the Medical Board of California can be contacted by phone at 1-800-633-2322 or 916-263-2382.

TEXAS

Complaints about physicians, as well as other licensees and registrants of the Texas Medical Board, including physician assistants, acupuncturists, and surgical assistants may be reported for investigation to:

Texas Medical Board

Attention: Investigators

333 Guadalupe, Tower 3, Suite 610

P.O Box 2018, MC-263

Austin, TX 78768-2018

Assistance in filing a complaint is available by calling 1-800-201-9353. For more information, visit www.tmb.state.tx.us

Las quejas sobre médicos, asi como sobre otros profesionales acreditados e inscritos del Consejo Médico de Tejas, incluyendo asistentes de médicos, practicantes de acupuntura y asistentes de cirugia, se pueden presentar en la siguiente dirección para ser investigadas:

Texas Medical Board Attention: Investigations 333 Guadalupe, Tower 3, Suite 610 P.O. Box 2018, MC-263 Austin, Texas 78768-2018

Si necesita ayuda para presentar una queja, lame al: 1-800-201-9353, Para obtener más información, visite nuestro sitio web en www.tmb.state.tx.us.

KANSAS

It is unlawful for any person who is not licensed under the Kansas Healing Arts Act to open or maintain an office for the practice of the healing arts in this State.

This office is maintained under the authority of a person who is licensed to practice the healing arts of Kansas.

Questions and concerns regarding this professional practice may be directed to:

Kansas State Board Of Healing Arts

800 SW Jackson, Lower Level-Suite A

Topeka, Kansas 66612

Phone: (785) 296-7413

Toll Free: 1(888) 886-7205

Fax: (785) 296-0852

Website: www.ksbha.org

The Site and Services are intended for personal, non-commercial use only. Use of the Services is voluntary.

You agree that you are responsible for all phone and data charges you incur through the use of the Site.

We reserve the right to disable the Site or specific features or functionality or make them available to anyone for any reason at any time, without notice or liability to you.

Upon termination or cancellation, your rights of participation in the Services automatically terminate and you must immediately stop use of the Site and the Services under these Terms of Use. Any sections of these Terms of Use which by their nature are intended to survive, shall survive termination or cancellation.

You acknowledge and agree that the Services may be provided by Third Parties, including prescriptions by participating pharmacies. We do not guarantee the quality of the Services or products offered by any Third Party, including but not limited to any participating pharmacy, any vendor, or any service provider. Our Site is provided to you in part as a tool to evaluate an estimated price at the time of pricing search for a particular prescription drug. Our Site and Services do not constitute advice on how to manage your overall prescription drug costs or your health.

Electronic Communications

We may allow you to request and receive pricing information and coupons via communications including, but not limited to, text messaging and email. When you use the Site or send text messages or e-mail to us, you are communicating with us electronically. By using the Services and/or requesting pricing and other information and coupons from us, you are consenting to be contacted with prescription-related information and to receive communications from us electronically by SMS or text messages, emails or by posting notices on the site. SMS consent will not be shared with third party providers. You acknowledge that texting and email are not secure methods of communication and that there may be some risk that the information in the communication(s) could be read by an unauthorized third party. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

OceansMD LLC Intellectual Property

All content included in, or made available through, the Site, such as text, graphics, logos, designs, data, button icons, images, audio clips, digital downloads, data compilations, specialized content, technical data, documentation, know-how, and software, along with the compilation of such content, is the property of Company or its content suppliers, is protected by United States and international copyright laws, and may be subject to other intellectual property protections, including patent and trademark rights under United States, other national laws, or international law. All elements of the Site, including without limitation the general design of the Site and the content included therein, are protected by trade dress, copyright, moral rights, trademark, and other laws relating to intellectual property rights. The Site may be used only for the intended purpose for which it is being made available. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or work contained on the Site. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Site. For purposes of these Terms of Use, the use of any such material on any other mobile application, website, or online service is prohibited. You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Site. The Site, their content, and all related rights shall remain the exclusive property of Company or its licensors unless otherwise expressly agreed.

All custom graphics, icons, logos, design marks and service names are registered trademarks, trademarks or service marks of OceansMD LLC and its owners. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of OceansMD LLC.

Minors and Use of Service as a Legal Guardian

You must be 18 years of age or older to access or use the Site. By using the Site, you represent that you are 18 years of age or older. If you use the Site as the parent or legal guardian on behalf of a minor, you will be fully responsible for complying with these Terms of Use.

Your Conduct

You agree to comply with all laws, rules, and regulations applicable to your use of the Site. In addition, when using the Site, you agree to:

Not take any action that interferes with the proper working of the Site, compromises the security of the Site, or otherwise damages the Site or any materials and information available through the Site.
Not solicit the performance of any illegal activity or other activity that infringes our rights or the rights of others.
Not attempt to gain unauthorized access to any portion or feature of the Site, to any other systems or networks connected to the Site, to any of our servers, or to any of the Services offered on or through the Site, including but not limited to by hacking, password “mining,” or any other unauthorized means.
Not probe, scan, or test the vulnerability of the Site or any network connected to the Site.
Not attempt to breach the security or bypass the authentication measures on the Site or any network connected to the Site.
Not upload or transmit any viruses, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment to the Site.
Not use the Site, or any Service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, other than your own information, or the information of a person in which you are legally authorized under applicable law to manage his or her care (such as a child or parent), or information that we make available to you through the Site.
Not use any automated means to collect information or content from or otherwise access the Site, including but not limited to through the use of technical tools known as robots, spiders, or scrapers, without our prior permission.
Provide accurate and current information, and not to provide information that attempts to impersonate another individual.
Maintain and promptly update such information to keep it accurate and current.
Be financially responsible for all use of the Site.
You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Company or others. You agree that we may at any time, and at our sole discretion, terminate your access to the Site without prior notice to you for violating any of the above provisions.

Marketing

Regardless of whether you have chosen to opt out of certain marketing offers from us, by using the Site you agree that we may market our services and the services of other companies on the Site through the use of banner ads, “hyper-links”, and other similar marketing devices. Products offered will be at our sole discretion and may be provided by us and/or companies not affiliated with us. Non-affiliated companies will be solely responsible and liable for the provision of or failure to provide stated services, benefits, or products. We do not legally endorse or guarantee products or services provided by non-affiliated companies.

Accuracy of Information

We attempt to be as accurate as possible in the provision of the Services made available through the Site. Despite our efforts, the information on the Site and/or provided through the Services may occasionally be inaccurate, incomplete, or out of date. If a price referenced through the Site is not as described, your sole remedy is to accept the correct pricing or forgo the transaction.

WE MAKE NO REPRESENTATION AS TO THE COMPLETENESS, ACCURACY, OR CURRENCY OF ANY INFORMATION ON THE SITE OR PROVIDED AS PART OF THE SERVICES. YOU ACKNOWLEDGE THAT WE HAVE NO DUTY OR OBLIGATION TO MAINTAIN THE ACCURACY OF, OR UPDATE ANY SUCH INFORMATION, AND AGREE THAT YOUR RELIANCE ON ANY SUCH INFORMATION IS AT YOUR OWN RISK.

Links to Other Sites

Our Site may include links to external third-party websites and online services that are not under our control. We are not responsible for the collection, use, and disclosure of your information on those websites and other online services provided by those third parties. We encourage you to review the privacy policies and terms of use of each website and other online service you visit. The inclusion of links to external third-party websites and online services does not imply endorsement of, or association with, such websites and online services by us, or any warranty of any kind, either express or implied.

Security and Safety

You understand that the uploading of information to your mobile device in connection with the App and submitting information to the Site is at your own risk and that we are not responsible for unauthorized access to or use of any personal or other information. All information uploaded to the App may be stored on your mobile device and you understand that the security and safety of your mobile device is your sole responsibility.

Disclaimer of Warranties

WE PROVIDE ACCESS TO https://oceansmdonline.com, THE APP, AND SERVICES, INCLUDING SERVICES PROVIDED BY THIRD PARTIES, “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE ARE NOT RESPONSIBLE FOR ANY THIRD PARTY SERVICES OR CONDUCT OF PROVIDERS OF THIRD PARTY SERVICES. WE DO NOT WARRANT https://oceansmdonline.com, THE APP, AND/OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE CONTENT AVAILABLE THROUGH https://oceansmdonline.com, THE APP, AND SERVICES. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, ALERT, NOTIFICATION OR OTHER MATERIAL OR DATA DISPLAYED OR UPLOADED OR DISTRIBUTED THROUGH https://oceansmdonline.com, THE APP, AND/OR SERVICES. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN https://oceansmdonline.com, THE APP, AND SERVICES. WE DO NOT GUARANTEE OR WARRANT THAT https://oceansmdonline.com, THE APP, AND/OR SERVICES OR MATERIALS THAT MAY BE DOWNLOADED FROM THE SERVICES DO NOT CONTAIN VIRUSES, WORKS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS; WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTED TO SUCH FEATURES. IF YOU RELY ON https://oceansmdonline.com, THE APP, AND/OR THE SERVICES AND ANY MATERIALS AVAILABLE THROUGH THE SERVICES, YOU DO SO SOLELY AT YOUR OWN RISK. BY USING THIRD PARTY SERVICES, YOU HEREBY WAIVE AND RELEASE ANY CLAIMS AGAINST US FOR ANY AND ALL RESPONSIBILITY OR LIABILITY TO ANY DAMAGE, OR ANY OTHER CLAIM, THAT MAY ARISE IN CONNECTION WITH USAGE OF THE THIRD PARTY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR USE OF https://oceansmdonline.com, THE APP, AND THE SERVICES OR INFORMATION, AND HYPERLINKED SITES. SERVICES AND INFORMATION PROVIDED BY HYPERLINKED SITES OR THIRD PARTIES MAY BE SUBJECT TO THE ADDITIONAL TERMS AND CONDITIONS OF THOSE PROVIDERS. WE MAKE NO WARRANTY THAT THE SITE OR SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE OR SERVICE OR THAT ANY DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED THROUGH THE SITE OR THROUGH HYPERLINKED SITES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Other Limitations of Liability

WE CANNOT AND DO NOT ASSUME ANY LIABILITY FOR UNAUTHORIZED OR FRAUDULENT USE OF https://oceansmdonline.com, THE APP, AND SERVICES. BY ACCESSING THE SITE AND SERVICES, YOU AGREE TO HOLD HARMLESS AND WAIVE ALL CLAIMS AGAINST US AND OUR RELATED PARTIES AND THIRD PARTIES REGARDING THE INFORMATION PROVIDED AND YOUR USE OF IT. IN ADDITION, YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL WE OR OUR RELATED PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES – EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES – OR FOR ANY LOSS OF PROFITS OR REVENUE, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, PROFIT, REVENUE, GOODWILL, OR DOWNTIME, (HOWEVER ARISING IN TORT, CONTRACT, OR OTHERWISE) REGARDLESS OF OUR NEGLIGENCE OR WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE OR CLAIM RELATED TO THE SITE AND SERVICES IS YOUR STOPPING YOUR USE OF THE SITE AND SERVICES. THE LIMITATIONS OF LIABILITY PROVIDED IN THIS AGREEMENT INURE TO THE BENEFIT OF THE COMPANY AND TO ALL OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

INDEMNIFICATION

YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS COMPANY AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, DEMANDS, COMPLAINTS, ACTIONS, DAMAGES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, EXPENSES, AND COSTS (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) THAT ARISE OUT OF OR IN CONNECTION WITH (A) YOUR VIOLATION OF APPLICABLE LAWS, (B) YOUR MISUSE OF THE SITE OR SERVICES, AND (C) YOUR BREACH OF THESE TERMS OR ANY OTHER TERMS ON THE SITE. WE RESERVE, AND YOU GRANT TO US, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU (SUBJECT TO YOUR CONTINUING INDEMNIFICATION).

Dispute Resolution

You agree to use the dispute resolution procedures set forth herein with respect to any controversy or claim arising out of or relating to these Terms of Use or their breach. Any dispute between you and Company arising out of or in connection with these Terms of Use will be settled by a binding arbitration in San Diego, California, in accordance with the then-current rules and procedures of Judicial Arbitration and Mediation Services, Inc. (JAMS). The arbitrator will apply the law in accordance with the laws of the State of California. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You agree that, any provision of law notwithstanding, the arbitrator will have the authority to award the prevailing party its costs and reasonable attorneys’ fees. Any disputes between you and other users of this Site are not the responsibility of the Company.

Changes to These Terms of Use

We reserve the right to modify these Terms of Use, in whole or in part, at our own discretion at any time. Modifications shall be effective immediately upon the linking of modified Terms of Use to the Site. Please check the “last updated” date at the top of this page to determine if these Terms of Use have been modified since you last reviewed them. Your continued use of the Site after that date means you agree to these updated Terms of Use.

Access or Use Outside the United States

Although the Site may be accessed by any user worldwide, the Site and Services are intended only for use by United States residents, are presented solely as a service to visitors and subscribers located in the United States of America (“U.S.”) and its territories, and therefore may not comply with legal requirements of foreign countries. OceansMD and the App are intended for use only by residents of the United States and its territories. Users residing outside of the U.S. and its territories are not permitted to register or to use the Services.

Governing Law

These Terms of Use are to be governed by and construed in accordance with the laws of the State of Georgia, exclusive of its choice of law rules and matters affecting copyrights, trademarks, and patents under U.S. federal law.

Severability

If an arbitrator or legal authority determines that any part of these Terms of Use is illegal or unenforceable, then such part will be eliminated, and the remaining Terms of Use will remain in force and effect and continue to apply to your use of the Site and our Services.

Entire Agreement

These Terms of Use and any documents expressly incorporated by reference constitute the entire agreement between Company and you pertaining to your use of the Site and supersede all prior agreements, representations and warranties, both written and oral with respect to the Site.

Operation of the Site

We reserve the right to do any of the following, at any time, at our sole discretion, with or without notice, and without any liability to you: (a) modify, suspend, or terminate operation of or your access to the Site, or any portion of the Site, including but not limited to for your violation of these Terms of Use; (b) modify or change the Site, or any portion of the Site; and (c) interrupt the regular operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, to correct errors, or to make other changes to the Site.

Contact Us

If you have any questions or concerns about the Site or these Terms of Use, please contact us at Support@OceansMDOnline.com

Digital Millennium Copyright Act (“DMCA”) Notice

In operating the Site, we may act as a “services provider” (as defined by DMCA) and offer services as an online provider of materials and links to third party websites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available while using the Site. OceansMD LLC has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site. We have adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of https://oceansmdonline.com or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of these Terms of Use. If you believe any material available via the Site or Services infringes, specifically or generally upon a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing upon said copyright and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content. We may give notice to our users of any infringement notice by means of a general notice on any of our websites, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is Support@OceansMDOnline.com.

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