AGREEMENT TO OUR LEGAL TERMS We are XpediteMDInc. ("
Company," "
we," "
us," "
our"). We operate thewebsite
https://portal.xpeditemd.com (the "
Site"), as well as any other related products and services thatrefer or link to these legal terms (the "
Legal Terms") (collectively, the "
Services"). XpediteMD is a sharedSaaS digital health platform that unites patients, healthcare providers andpayers around the common goals of increasing the efficiency, quality and valueof cancer care. XpediteMD accomplishes these goals by eliminating treatmentdelays, by ensuring evidence-based, guideline-supported care, and by reducingthe direct and indirect cost of healthcare. You can contact usby phone at +18887973348, email at info@xpeditemd.com, orby mail to 21171 S Western Ave suite 2704, Torrance, CA 90501,USA, Torrance, CA 90501, United States. These Legal Termsconstitute a legally binding agreement made between you, whether personally oron behalf of an entity ("
you"),and XpediteMD Inc., concerning your access to and use of the Services. Youagree that by accessing the Services, you have read, understood, and agreed tobe bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESELEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOUMUST DISCONTINUE USE IMMEDIATELY. Supplemental terms andconditions or documents that may be posted on the Services from time to timeare hereby expressly incorporated herein by reference. We reserve the right, inour sole discretion, to make changes or modifications to these LegalTerms at any time and for any reason. We will alert you about any changesby updating the "Last updated" date of these Legal Terms,and you waive any right to receive specific notice of each such change. It isyour responsibility to periodically review these Legal Terms to stay informedof updates. You will be subject to, and will be deemed to have been made awareof and to have accepted, the changes in any revised Legal Terms by yourcontinued use of the Services after the date such revised Legal Terms areposted. The Services areintended for users who are at least 18 years old. Persons under the age of 18are not permitted to use or register for the Services. We recommend that youprint a copy of these Legal Terms for your records.
TABLE OF CONTENTS 1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. PURCHASES AND PAYMENT
5. CANCELLATION
6. PROHIBITED ACTIVITIES
7. USER GENERATED CONTRIBUTIONS
8. CONTRIBUTION LICENSE
9. SERVICES MANAGEMENT
10. PRIVACY POLICY
11. TERM AND TERMINATION
12. MODIFICATIONS AND INTERRUPTIONS
13. GOVERNING LAW
14. DISPUTE RESOLUTION
15. CORRECTIONS
16. DISCLAIMER
17. LIMITATIONS OF LIABILITY
18. INDEMNIFICATION
19. USER DATA
20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS,AND SIGNATURES
21. CALIFORNIA USERS AND RESIDENTS
22. MISCELLANEOUS
23. CONTACT US
1. OUR SERVICES The information provided when using the Services is not intended for distribution to or use byany person or entity in any jurisdiction or country where such distribution oruse would be contrary to law or regulation or which would subject us to anyregistration requirement within such jurisdiction or country. Accordingly,those persons who choose to access the Services from other locations do so ontheir own initiative and are solely responsible for compliance with local laws,if and to the extent local laws are applicable. The Xpedite MD productis 100% HIPAA compliant, meaning that we follow all reasonable actions toprotect personal health data and identifiable information of the patients who'sdata is stored on the platform.
2. INTELLECTUAL PROPERTYRIGHTS Our intellectualproperty We are the owner orthe licensee of all intellectual property rights in our Services, including allsource code, databases, functionality, software, website designs, audio, video,text, photographs, and graphics in the Services (collectively,the "Content"), as well as the trademarks, service marks, andlogos contained therein (the "Marks"). Our Content and Marksare protected by copyright and trademark laws (and various other intellectualproperty rights and unfair competition laws) and treaties in the United Statesand around the world. The Content and Marksare provided in or through the Services "AS IS" foryour internal business purpose only.
Your use of our Services Subject to yourcompliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you anon-exclusive, non-transferable, revocable license to: access the Services; and download or print a copy of any portion of the Content to which you have properly gained access.solely foryour internal business purpose. Except as set out inthis section or elsewhere in our Legal Terms, no part of the Services and noContent or Marks may be copied, reproduced, aggregated, republished, uploaded,posted, publicly displayed, encoded, translated, transmitted, distributed,sold, licensed, or otherwise exploited for any commercial purpose whatsoever,without our express prior written permission. If you wish to makeany use of the Services, Content, or Marks other than as set out in thissection or elsewhere in our Legal Terms, please address your requestto: info@xpeditemd.com. If we ever grant you the permission to post,reproduce, or publicly display any part of our Services or Content, you mustidentify us as the owners or licensors of the Services, Content, or Marks andensure that any copyright or proprietary notice appears or is visible onposting, reproducing, or displaying our Content. We reserve all rightsnot expressly granted to you in and to the Services, Content, and Marks. Any breach of theseIntellectual Property Rights will constitute a material breach of our LegalTerms and your right to use our Services will terminate immediately.
Your submissions and contributions Please review thissection and the "PROHIBITED ACTIVITIES" section carefully prior to usingour Services to understand the (a) rights you give us and (b) obligations youhave when you post or upload any content through the Services.
Submissions: By directly sending us any question,comment, suggestion, idea, feedback, or other information about the Services("Submissions"), you agree to assign to us all intellectual propertyrights in such Submission. You agree that we shall own this Submission and beentitled to its unrestricted use and dissemination for any lawful purpose,commercial or otherwise, without acknowledgment or compensation to you.
Contributions: The Services may invite you to chat,contribute to, or participate in blogs, message boards, online forums, andother functionality during which you may create, submit, post, display,transmit, publish, distribute, or broadcast content and materials to us orthrough the Services, including but not limited to text, writings, video,audio, photographs, music, graphics, comments, reviews, rating suggestions,personal information, or other material ("Contributions"). Any Submissionthat is publicly posted shall also be treated as a Contribution. You understand thatContributions may be viewable by other users of the Services.
When you post Contributions, you grant us a license (including use of your name,trademarks, and logos): By posting any Contributions, you grant us an unrestricted,unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free,fully-paid, worldwide right, and license to: use, copy, reproduce,distribute, sell, resell, publish, broadcast, retitle, store, publicly perform,publicly display, reformat, translate, excerpt (in whole or in part), andexploit your Contributions (including, without limitation, your image, name,and voice) for any purpose, commercial, advertising, or otherwise, to preparederivative works of, or incorporate into other works, your Contributions, andto sublicense the licenses granted in this section. Our use anddistribution may occur in any media formats and through any media channels. This license includesour use of your name, company name, and franchise name, as applicable, and anyof the trademarks, service marks, trade names, logos, and personal andcommercial images you provide.
You are responsiblefor what you post or upload: By sending us Submissions and/or posting Contributions throughany part of the Services or making Contributions accessible through theServices by linking your account through the Services to any of your socialnetworking accounts, you: confirm that you have read and agree with our "
PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading; to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution; warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and warrant and represent that your Submissions and/or Contributions do not constitute confidential information.You are solelyresponsible for your Submissions and/or Contributions and youexpressly agree to reimburse us for any and all losses that we may sufferbecause of your breach of (a) this section, (b) any third party’s intellectualproperty rights, or (c) applicable law.
We may remove or edityour Content: Although we haveno obligation to monitor any Contributions, we shall have the right to removeor edit any Contributions at any time without notice if in our reasonableopinion we consider such Contributions harmful or in breach of these LegalTerms. If we remove or edit any such Contributions, we may also suspend ordisable your account and report you to the authorities.
3. USER REPRESENTATIONS By using the Services,you represent and warrant that: (1) you have the legal capacity and you agreeto comply with these Legal Terms; (2) you are not aminor in the jurisdiction in which you reside; (3) you will not access theServices through automated or non-human means, whether through a bot, script orotherwise; (4) you will not use the Services for any illegalor unauthorized purpose; and (5) your use of the Services will notviolate any applicable law or regulation. If you provide anyinformation that is untrue, inaccurate, not current, or incomplete, we have theright to suspend or terminate your account and refuse any and all current orfuture use of the Services (or any portion thereof).
4. PURCHASES AND PAYMENT We accept thefollowing forms of payment:
You agree to providecurrent, complete, and accurate purchase and account information for allpurchases made via the Services. You further agree to promptly update accountand payment information, including email address, payment method, and paymentcard expiration date, so that we can complete your transactions and contact youas needed. Sales tax will be added to the price of purchases as deemed requiredby us. We may change prices at any time. All payments shall be in __________. You agree to pay allcharges at the prices then in effect for your purchases and any applicableshipping fees, and you authorize us to charge your chosen paymentprovider for any such amounts upon placing your order. We reserve theright to correct any errors or mistakes in pricing, even if we have already requestedor received payment. We reserve the rightto refuse any order placed through the Services. We may, in our solediscretion, limit or cancel quantities purchased per person, per household, orper order. These restrictions may include orders placed by or under the samecustomer account, the same payment method, and/or orders that use the samebilling or shipping address. We reserve the right to limit or prohibit ordersthat, in our sole judgment, appear to be placed by dealers, resellers, ordistributors.
5. CANCELLATION __________ Your cancellation will take effect at the end of the current paid term. If you are unsatisfiedwith our Services, please email us at info@xpeditemd.com or call usat +18887973348.
6. PROHIBITEDACTIVITIES You may not access oruse the Services for any purpose other than that for which we make the Servicesavailable. The Services may not be used in connection with anycommercial endeavors except those that are specifically endorsed orapproved by us. As a user of the Services,you agree not to: Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords. Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services. Use any information obtained from the Services in order to harass, abuse, or harm another person. Make improper use of our support services or submit false reports of abuse or misconduct. Use the Services in a manner inconsistent with any applicable laws or regulations. Engage in unauthorized framing of or linking to the Services. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools. Delete the copyright or other proprietary rights notice from any Content. Attempt to impersonate another user or person or use the username of another user. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms"). Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you. Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services. Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code. Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software. Use a buying agent or purchasing agent to make purchases on the Services. Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses. Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise. Sell or otherwise transfer your profile.
7. USER GENERATED CONTRIBUTIONS The Services may invite you to chat, contribute to, orparticipate in blogs, message boards, online forums, and other functionality,and may provide you with the opportunity to create, submit, post, display,transmit, perform, publish, distribute, or broadcast content and materials tous or on the Services, including but not limited to text, writings, video,audio, photographs, graphics, comments, suggestions, or personal information orother material (collectively, "Contributions"). Contributionsmay be viewable by other users of the Services and through third-partywebsites. As such, any Contributions you transmit may be treated asnon-confidential and non-proprietary. When you create or make available anyContributions, you thereby represent and warrant that: The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms. Your Contributions are not false, inaccurate, or misleading. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us). Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people. Your Contributions do not violate any applicable law, regulation, or rule. Your Contributions do not violate the privacy or publicity rights of any third party. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.Any use of the Services in violation of the foregoing violatesthese Legal Terms and may result in, among other things, termination orsuspension of your rights to use the Services.
8. CONTRIBUTION LICENSE By posting yourContributions to any part of the Services, you automatically grant, and yourepresent and warrant that you have the right to grant, to us an unrestricted,unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free,fully-paid, worldwide right, and license to host, use, copy,reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store,cache, publicly perform, publicly display, reformat, translate, transmit,excerpt (in whole or in part), and distribute such Contributions (including,without limitation, your image and voice) for any purpose, commercial,advertising, or otherwise, and to prepare derivative works of, or incorporateinto other works, such Contributions, and grant and authorizesublicenses of the foregoing. The use and distribution may occur in anymedia formats and through any media channels. This license will apply to any form, media, ortechnology now known or hereafter developed, and includes our use of your name,company name, and franchise name, as applicable, and any of the trademarks,service marks, trade names, logos, and personal and commercial images youprovide. You waive all moral rights in your Contributions, and you warrant thatmoral rights have not otherwise been asserted in your Contributions. We do not assert any ownership over your Contributions. Youretain full ownership of all of your Contributions and any intellectualproperty rights or other proprietary rights associated with your Contributions.We are not liable for any statements or representations in your Contributionsprovided by you in any area on the Services. You are solely responsible foryour Contributions to the Services and you expressly agree to exonerate us fromany and all responsibility and to refrain from any legal action against usregarding your Contributions. We have the right, in our sole and absolute discretion, (1) toedit, redact, or otherwise change any Contributions; (2)to re-categorize any Contributions to place them in more appropriatelocations on the Services; and (3) to pre-screen or delete any Contributions atany time and for any reason, without notice. We have no obligation to monitoryour Contributions.
9. SERVICESMANAGEMENT We reserve the right,but not the obligation, to: (1) monitor the Services for violations of theseLegal Terms; (2) take appropriate legal action against anyone who, in our solediscretion, violates the law or these Legal Terms, including withoutlimitation, reporting such user to law enforcement authorities; (3) in our solediscretion and without limitation, refuse, restrict access to, limit theavailability of, or disable (to the extent technologically feasible) any ofyour Contributions or any portion thereof; (4) in our sole discretion andwithout limitation, notice, or liability, to remove from the Services orotherwise disable all files and content that are excessive in size or are inany way burdensome to our systems; and (5) otherwise manage the Services in amanner designed to protect our rights and property and to facilitate the properfunctioning of the Services.
10. PRIVACY POLICY We care about dataprivacy and security. Please review our Privacy Policy:
http://www.xpeditemd.com/privacy-policy. By using the Services, you agree to be boundby our Privacy Policy, which is incorporated into these Legal Terms. Please beadvised the Services are hosted in the United States. If you accessthe Services from any other region of the world with laws or other requirementsgoverning personal data collection, use, or disclosure that differ fromapplicable laws in the United States, then through your continued useof the Services, you are transferring your data to the United States,and you expressly consent to have your data transferred to and processedin the United States.
11. TERM AND TERMINATION These Legal Terms shallremain in full force and effect while you use the Services. WITHOUT LIMITINGANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLEDISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THESERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANYREASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANYREPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANYAPPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THESERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,WITHOUT WARNING, IN OUR SOLE DISCRETION. If we terminate orsuspend your account for any reason, you are prohibited from registering andcreating a new account under your name, a fake or borrowed name, or the name ofany third party, even if you may be acting on behalf of the third party. Inaddition to terminating or suspending your account, we reserve the right totake appropriate legal action, including without limitation pursuing civil,criminal, and injunctive redress.
12. MODIFICATIONS AND INTERRUPTIONS We reserve the rightto change, modify, or remove the contents of the Services at any time or forany reason at our sole discretion without notice. However, we have noobligation to update any information on our Services. We will not beliable to you or any third party for any modification, price change,suspension, or discontinuance of the Services. We cannot guaranteethe Services will be available at all times. We may experience hardware,software, or other problems or need to perform maintenance related to theServices, resulting in interruptions, delays, or errors. We reserve the rightto change, revise, update, suspend, discontinue, or otherwise modify theServices at any time or for any reason without notice to you. You agree that wehave no liability whatsoever for any loss, damage, or inconvenience caused byyour inability to access or use the Services during any downtime ordiscontinuance of the Services. Nothing in these Legal Terms will be construedto obligate us to maintain and support the Services or to supply anycorrections, updates, or releases in connection therewith.
13. GOVERNING LAW These Legal Terms andyour use of the Services are governed by and construed in accordance with thelaws of the State of California applicable to agreements madeand to be entirely performed within the Stateof California, without regard to its conflict of law principles.
14. DISPUTERESOLUTION Any legal action ofwhatever nature brought by either you or us (collectively,the "Parties" and individually, a "Party") shall becommenced or prosecuted in the state and federal courtslocatedin California, and the Parties hereby consent to, and waiveall defenses of lack of personal jurisdiction and forum nonconveniens with respect to venue and jurisdiction in such state andfederal courts. Application of the United Nations Convention on Contracts forthe International Sale of Goods and the Uniform Computer InformationTransaction Act (UCITA) are excluded from these Legal Terms.
15. CORRECTIONS There may beinformation on the Services that contains typographical errors, inaccuracies,or omissions, including descriptions, pricing, availability, and various otherinformation. We reserve the right to correct any errors, inaccuracies, oromissions and to change or update the information on the Services at any time,without prior notice.
16. DISCLAIMER THE SERVICES AREPROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THESERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WEDISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICESAND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKENO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THESERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKEDTO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1)ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURYOR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO ANDUSE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OURSECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIALINFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSIONTO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKEWHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR(6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS ORDAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT,ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICEADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKEDWEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHERADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FORMONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OFPRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANYMEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT ANDEXERCISE CAUTION WHERE APPROPRIATE.
17. LIMITATIONS OF LIABILITY IN NO EVENT WILL WE OROUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANYDIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVEDAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGESARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARYCONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESSOF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OFTHE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTHPERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR . CERTAIN US STATE LAWS AND INTERNATIONAL LAWSDO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATIONOF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVEDISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONALRIGHTS.
18. INDEMNIFICATION You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, andall of our respective officers, agents, partners, and employees, from andagainst any loss, damage, liability, claim, or demand, including reasonableattorneys’ fees and expenses, made by any third party due to or arising outof: (1) your Contributions; (2) use of the Services; (3) breach ofthese Legal Terms; (4) any breach of your representations and warranties setforth in these Legal Terms; (5) your violation of the rights of a third party,including but not limited to intellectual property rights; or (6) any overtharmful act toward any other user of the Services with whom you connected viathe Services. Notwithstanding the foregoing, we reserve the right, at yourexpense, to assume the exclusive defense and control of any matterfor which you are required to indemnify us, and you agree to cooperate, at yourexpense, with our defense of such claims. We will use reasonableefforts to notify you of any such claim, action, or proceeding which is subjectto this indemnification upon becoming aware of it.
19. USER DATA We will maintain certain data that you transmit to the Services for the purpose of managing theperformance of the Services, as well as data relating to your use of theServices. Although we perform regular routine backups of data, you are solelyresponsible for all data that you transmit or that relates to any activity youhave undertaken using the Services. You agree that we shall have no liabilityto you for any loss or corruption of any such data, and you hereby waive anyright of action against us arising from any such loss or corruption of suchdata.
20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES Visiting the Services,sending us emails, and completing online forms constitute electroniccommunications. You consent to receive electronic communications, and you agreethat all agreements, notices, disclosures, and other communications we provideto you electronically, via email and on the Services, satisfy any legalrequirement that such communication be in writing. YOU HEREBY AGREE TO THE USEOF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TOELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATEDOR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights orrequirements under any statutes, regulations, rules, ordinances, or other lawsin any jurisdiction which require an original signature or delivery or retentionof non-electronic records, or to payments or the granting of credits by anymeans other than electronic means.
21. CALIFORNIA USERS AND RESIDENTS If any complaint with us is not satisfactorily resolved, you can contact the Complaint AssistanceUnit of the Division of Consumer Services of the California Department ofConsumer Affairs in writing at 1625 North Market Blvd., Suite N 112,Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)445-1254.
22. MISCELLANEOUS These Legal Terms andany policies or operating rules posted by us on the Services or in respect tothe Services constitute the entire agreement and understanding between you andus. Our failure to exercise or enforce any right or provision of these Legal Termsshall not operate as a waiver of such right or provision. These Legal Termsoperate to the fullest extent permissible by law. We may assign any or all ofour rights and obligations to others at any time. We shall not be responsibleor liable for any loss, damage, delay, or failure to act caused by any causebeyond our reasonable control. If any provision or part of a provision of theseLegal Terms is determined to be unlawful, void, or unenforceable, thatprovision or part of the provision is deemed severable from these Legal Termsand does not affect the validity and enforceability of any remainingprovisions. There is no joint venture, partnership, employment or agencyrelationship created between you and us as a result of these Legal Terms or useof the Services. You agree that these Legal Terms will not be construed againstus by virtue of having drafted them. You hereby waive any andall defenses you may have based on the electronic form of these LegalTerms and the lack of signing by the parties hereto to execute these LegalTerms.
23. CONTACT US In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
XpediteMD Inc.
21171 S Western Ave suite 2704,
Torrance, CA 90501,
United States
Phone: +18887973348
info@xpeditemd.com 
