Subscription Agreement and Terms of Use

Introduction

AvoMD, Inc. ("avoMD" or "we") provides the content available in the avoMD: Preoperative Eval and other related apps (individually each an “App” and together, the “Apps”) to you subject to the following Subscription Agreement and Terms of Use. When you use the Apps, you agree to be bound by these Terms of Use. These Terms of Use incorporate the avoMD Privacy Policy made available here, as well as the terms of any subscriber agreement that may exist between you and avoMD. To the extent there is a conflict between this Subscription Agreement and Terms of Use and your subscriber agreement, the terms of your subscriber agreement will control your use of the Apps. Please read this Subscription Agreement and Terms of Use (“Terms of Use”) carefully. If you do not agree with the terms herein, please do not use the Apps.

FREE 90-DAY TRIAL: WHAT TO EXPECT

First-time users can access avoMD: Preoperative Eval free for 90 days

After 90 days, your iTunes account will be charged $19.99 for a one-year subscription to the App unless you have turned off auto-renew at least 24 hours before the free trial ends.

To manage your subscriptions, open Apple's “Settings” app and tap on the “iTunes & App Store” entry. Tap your Apple ID at the top of the screen and login. Tap Subscriptions, then tap the subscription you wish to manage.

NOTE: if you do choose not to purchase a subscription, content will no longer be viewable after the free-trial period ends.

SUBSCRIPTION RENEWALS

Any subscription you purchase will automatically renew annually and your iTunes account will be charged the renewal rate of $19.99 unless auto-renew is turned off 24 hours prior to the conclusion of the one-year subscription period.


If you do not choose to renew, content will no longer be viewable after the subscription period ends.


To manage your subscriptions, open Apple's “Settings” app and tap on the “iTunes & App Store” entry. Tap your Apple ID at the top of the screen and login. Tap Subscriptions, then tap the subscription you wish to manage

The Apps

avoMD: Preoperative Eval and the other Apps, including the text, graphics, and software, is owned by or licensed to avoMD, and is subject to copyright and other intellectual property rights under United States, foreign laws and international conventions.
Users may not re-post avoMD's content on other web sites without the permission of avoMD. Users cannot re-sell avoMD's content to third parties, or prepare derivative works of avoMD's content.

Consumer Content

The Apps are designed to offer users general health information for educational purposes only. The general health information furnished on this site is not intended to replace personal consultation with a qualified health care professional. You must always seek the advice of a professional for questions related to you disease, disease symptoms, and appropriate therapeutic treatments. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately. You should never disregard medical advice or delay in seeking it because of something you have read on this site. IF YOU HAVE AN EMERGENCY, CALL 9-1-1.

avoMD does not give medical advice, nor do we provide medical or diagnostic services. Neither avoMD nor any avoMD Entity guarantees that the content covers all possible uses, direction, precautions, drug interactions, or adverse effects that may be associated with any therapeutic treatments. You may not rely on the application of any information on the Apps as being applicable to your specific circumstances. Neither avoMD nor any avoMD Entity assumes any liability or responsibility for damages or injury to you, other persons, or property arising from any use of any information, idea, or instruction contained in the Apps.

Permission to Reproduce avoMD Material

Permission to reproduce material from the avoMD service in another publication or web site must be secured in writing.
To request permission to reproduce material from avoMD, please submit your request in writing via e-mail, fax, or regular mail. You may wish to include a copy of the material for which you are requesting permission. 
Please send your permission request to info@avomd.io 

Allowed Uses

We reserve the right to limit or suspend your use of the Apps, by electronic self-help or other means and without notice, if we believe you have committed a breach of security or violated these Terms of Use, subject only to any terms in your subscriber agreement, as applicable.
 

avoMD reserves all of its rights in the Apps not expressly granted to you by these Terms of Use.

Privacy

These Terms of Use incorporate the entirety of the avoMD Privacy Policy (https://www.avomd.io/privacypolicy) posted on the avoMD Website.

No Unlawful Use

You agree not to use the Apps for any purpose that is unlawful or prohibited by these terms, or the terms of a subscriber agreement you have with avoMD, if applicable. You may not use the Apps in any manner that could damage, disable, overburden, or impair any avoMD server, or the network(s) connected to any avoMD server, or interfere with any other party's use and enjoyment of the Apps. You may not attempt to gain unauthorized access to any portion of the Apps, other accounts, computer systems, or networks connected to any avoMD server, through hacking, password or data mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available to you on the Apps.

No Warranties

NEITHER AVOMD, NOR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, EMPLOYEE, LICENSOR, LICENSEE, DISTRIBUTOR, SUPPLIER, AGENT, OR RESELLER OF UPTODATE (COLLECTIVELY, THE "UPTODATE ENTITIES") MAKE ANY WARRANTY OR REPRESENTATION, EXPRESSED OR IMPLIED, WITH RESPECT TO THE AVOMD SERVICES, WHICH ARE PROVIDED "AS IS", OR WITH RESPECT TO THESE TERMS OF USE. THE AVOMD ENTITIES EXPRESSLY EXCLUDE AND DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USE OF TRADE. ANY STATEMENTS OR REPRESENTATIONS MADE BY ANY OTHER PERSON OR ENTITY ARE VOID. YOU ASSUME ALL RISK AS TO THE QUALITY, FUNCTION, AND PERFORMANCE OF THE AVOMD APPS. 

Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

In addition, please note that the Apps may include technical inaccuracies or typographical errors. avoMD has the right at any time to change, modify, add to, discontinue, or retire any aspect or feature of the Apps, including, but not limited to, hours of availability, equipment needed for access or use, or the availability of the avoMD Services on any particular device or communications service. avoMD has no obligation to provide you with notice of any such changes, and avoMD is under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes, and/or enhancements of the UpToDate Website, except as provided by your subscriber agreement with avoMD, if applicable.

Limitation of Liability

IN NO EVENT WILL THE AVOMD ENTITIES OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, DISTRIBUTION, PROMOTION, OR MARKETING OF THE APPS OR THESE TERMS OF USE BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, RELIANCE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR PROFITS, OR FOR INABILITY TO USE THE APPS, EVEN IF THE AVOMD ENTITIES OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

Some states or other jurisdictions do not allow limitations on how long an implied warranty lasts and some jurisdictions do not allow the exclusion or limitation of special, indirect, incidental, exemplary, or consequential damages, or the limitation of liability to specified amounts, so the above limitation and exclusion may not apply to you if prohibited by applicable law.

avoMD includes clinical tools and content intended for use by healthcare professionals. These tools do not give professional advice; physicians and other healthcare professionals who use these tools or databases should exercise their own clinical judgment as to the information they provide. Consumers (non-medical professionals) who use the tools or databases do so at their own risk. Individuals with any type of medical condition are specifically cautioned to seek professional medical advice before beginning any sort of health treatment. For medical concerns, including decisions about medications and other treatments, non-medical users should always consult their physician or other qualified healthcare professional.
avoMD’s content developers have carefully tried to create its content to conform to the standards of professional practice that prevailed at the time of development. However, standards and practices in medicine change as new data become available and the individual medical professional should consult a variety of sources.

The contents of the avoMD site and apps, such as text, graphics, and images are for informational purposes only. avoMD does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the site.

While information on avoMD has been obtained from sources believed to be reliable, neither we nor our content providers warrant the accuracy of the information contained on this site.

We do not give medical advice, nor do we provide medical or diagnostic services. Medical information changes rapidly. Neither we nor our content providers guarantee that the content covers all possible uses, directions, precautions, drug interactions, or adverse effects that may be associated with any therapeutic treatments.

Your reliance upon information and content obtained by you at or through this site is solely at your own risk. Neither we nor our content providers assume any liability or responsibility for damage or injury (including death) to you, other persons, or property arising from any use of any product, information, idea, or instruction contained in the content or services provided to you.

Indemnification

You agree to defend, indemnify, and hold harmless the avoMD Entities from all liabilities, claims, and expenses, including attorneys' fees, that arise from your use of the Apps. avoMD reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with avoMD in asserting any available defenses.

Modifications

avoMD may modify these Terms of Use from time to time and changes will be effective upon posting to the Apps. You agree to be bound by any modification of these Terms of Use when you use the Apps, effective after their posting to the Apps. It is therefore important that you review these Terms of Use regularly to ensure you are updated as to any changes.

Trademarks

All of the avoMD trademarks are owned by AvoMD, Inc. and may not be used for any purpose without the prior written permission of AvoMD, Inc.