Unless otherwise indicated, www.virtualheadachespecialist.com (the “site,” or “website,”) and its content are the property of Virtual Medical Specialists, LLC, an Ohio limited liability company, and/or its subsidiaries, affiliates, or assigns (“we,” “us,” “our,” etc.). The site and its contents are protected without limitation, pursuant to U.S. and foreign copyright and trademark laws. These Terms constitute a legally binding Agreement by and between you and us. By accessing or using the site, you accept these Terms and agree to the provisions, terms, conditions, notices, and disclaimers contained or referenced herein whether or not you become a registered user.
You are authorized to download the material on this site for your personal, non-commercial use only. In doing so, you may not remove or in any way alter any trademark, copyright, or other proprietary notice. Except as allowed in the preceding paragraph, you may not modify copy, reverse engineer, decompile, create derivative works, distribute, republish, commercially exploit, or upload any of the material on this site without prior, written consent from us. No intellectual property or other rights in and to this site — other than the limited right to use set forth above — are transferred to you.
To the fullest extent permitted by applicable laws, we and our employees, agents, suppliers, and contractors shall in no event be liable for any claims, charges, demands, damages, liabilities, losses, and expenses of whatever nature and howsoever arising – including, without limitation, any compensatory, incidental, direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a computer or electronic virus, hacking of website or your personal information, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character — even if we have been advised of the possibility of such damages or losses arising out of or in connection with the use of this site or any website with which it is linked. You assume total responsibility for establishing such procedures for data back up and virus-checking as you consider necessary. Virtual Headache Specialist™, its creator, web designers, owner, Virtual Medical Specialists LLC, and anyone else associated with this website assume no responsibility or liability in diagnosis, misdiagnosis, or misdirection of any information including treatment decisions which could result in adverse outcomes resulting in injury or death.
If you choose to register an account with the site in order to access the diagnostic algorithm, questionnaire, and educational information, you will be required to submit payment through Paypal, www.stripe.com, or other third party payment platforms.
By placing an order for registration, you are expressly agreeing that we are authorized to charge you for such order, and any other charges you may incur in connection with the foregoing order to the payment method you provided during registration (or to a different payment method if you change your account information). Please note that prices and charges are subject to change without notice. As used in this Agreement, “billing” shall indicate either a charge or debit, as applicable, against your payment method.
PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES. YOU ACKNOWLEDGE THAT WE ARE NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON.
Disclaimer of Warranties
YOU AGREE THAT:
A. IF YOU USE OUR SITE, YOU DO SO AT YOUR OWN AND SOLE RISK. OUR SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF EVERY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SITE AND ANY WEBSITE WITH WHICH IT IS LINKED.
B. WE EXPRESSLY DO NOT WARRANT THAT, AND EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES THAT: (A) OUR SITE WILL MEET YOUR REQUIREMENTS; (B) OUR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION THAT YOU MAY OBTAIN ON OUR SITE WILL BE ACCURATE, COMPLETE, CURRENT, OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED.
C. WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF COMMUNICATION ON ACCOUNT OF TECHNICAL PROBLEMS, OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS OR TO ANY OTHER PERSON’S PROPERTY RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB OR IN CONNECTION WITH THE SITE. UNDER NO CIRCUMSTANCES WILL WE OR ANY OF OUR AFFILIATES, ADVERTISERS, PROMOTERS, OR DISTRIBUTION PARTNERS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE SITE.
D. NO DATA, INFORMATION, OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM OUR SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
LIMITATION OF LIABILITY
A. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM, RELATING TO, OR CONNECTED WITH: (A) THE USE OR INABILITY TO USE OUR SITE, (B) THE COST OF REPLACEMENT OF ANY INFORMATION STORED OR MANAGED USING OUR SITE, (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, (D) STATEMENTS, CONDUCT, OR OMISSIONS OF ANY PROFESSIONALS, CONSUMERS, SERVICE PROVIDERS OR OTHER THIRD PARTY ON OUR SITE, (E) THE ACCURACY OF ANY INFORMATION PRESENTED ON THE SITE REGARDING THE LOCATION OR ACTIVITIES OF OTHERS; (F) ANY OTHER MATTER ARISING FROM, RELATING TO, OR CONNECTED WITH OUR SITE OR THESE TERMS; OR (G) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
B. WE WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS WHETHER OR NOT SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING NATURAL CATASTROPHES, GOVERNMENTAL ACTS OR OMISSIONS, LAWS OR REGULATIONS, TERRORISM, LABOR STRIKES OR DIFFICULTIES, COMMUNICATIONS SYSTEMS BREAKDOWNS, HARDWARE OR SOFTWARE FAILURES, TRANSPORTATION STOPPAGES OR SLOWDOWNS, THE INABILITY TO PROCURE SUPPLIES OR MATERIALS, JUDICIAL DELAYS, PERFORMANCE DEFECTS, OR THE CURE THEREOF.
C. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR SITE OR THESE TERMS EXCEED THE SUM OF ZERO DOLLARS ($0.00).
D. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT WE HAVE NO CONTROL OVER THE BEHAVIOR OF ANY OTHER USER OF THE SITE, AND WE HEREBY DISCLAIM ALL WARRANTIES AND LIABILITIES RESPECTING THE CONDUCT OTHER USERS.
E. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS HEREIN MAY NOT APPLY TO YOU.
F. IN NO EVENT SHALL WE, OUR OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR THIRD PARTIES IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION BODILY INJURY, EMOTIONAL DISTRESS, AND ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS WITH OTHER USERS OF THE SERVICE, OR ANY VENUES, PERSONS, OR ENTITIES, YOU MAY INTERACT WITH ARISING FROM YOUR USE OF THE SITE, OR ANY BUSINESS TRANSACTIONS INTO WHICH YOU MAY ENTER OR CONSUMMATE WITH THEM.
G. You hereby agree to indemnify and hold us harmless from and against any and all claims, charges, demands, damages, liabilities, losses, expenses, and liabilities of whatever nature and howsoever arising (including, but not limited to, any legal or other professional fees and the costs of defending or prosecuting any claim, any loss of profit, goodwill, and any other direct or consequential loss), incurred or suffered by us — directly or indirectly — by reason of any act or omission which you commit in breach of these terms and conditions, and the obligations and warranties contained therein. Virtual Headache Specialist™, its creator, web designers, owner, Virtual Medical Specialists LLC, and anyone else associated with this website assume no responsibility or liability in diagnosis, misdiagnosis, or misdirection of any information including treatment decisions which could result in adverse outcomes resulting in injury or death.
LIMITATION ON TIME TO FILE CLAIMS
You may never use another user’s account without their written permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify us immediately of any breach of security or unauthorized use of your account. We will not be liable for any losses caused by any unauthorized use of your account.
By providing us with your email address you consent to our using the email address to send you site-related notices, including any notices required by law, in lieu of communication by postal mail. If you do not want to receive promotional email messages, you may opt out by unsubscribing from such email communications from us. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
You hereby warrant that: all information that you provide us is true and accurate; you will not use the site in violation of any Federal, State or local law, rule, ordinance or governmental regulation; and, you will only install and/or access the site on computers and mobile devices for which you are the authorized owner.
Collection of your Personal Information
We will request that you enter certain personal information about yourself into our site. Specifically, this will include your email address, country, state, gender, and age. This is done for the purposes of registration/account set-up to allow return log-ins to review your educational information at your convenience, as well as data usage analytics. There is no other personal identifiable information collected from our site, other than email address.
We may also record information about users’ use of our site, such as local internet address, click history, the times and dates at which users access our site, the particular portions of the site used, and the details of any transactions conducted using the site. Our servers automatically record information that your browser sends whenever you use the site. We use this information to monitor and analyze how users use the site, to provide customer service and to maintain and improve the site.
When you interact with our site through various social media, we may receive information from social media such as your profile information, profile picture, gender, user name, user ID associated with your social media account, age range, language, country, friends list, and any other information you permit social media to share with third parties. The data we receive is dependent upon your privacy settings with the applicable social media. You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to our site.
How We May Use or Disclose Your Personal Information
Your personal information will remain solely within our secure system and will not be disclosed to any of our partners, or any other third parties. We may, however, combine your personal information with that of our other users in a consolidated database from which we may extract aggregated information, which is statistical information about our users as a group not containing any personally identifiable information about you or any other individual user. We may disclose the aggregated information referenced above to third parties for their use.
We may use your personal information to contact you to inform you of changes to the site, or to otherwise communicate with you about issues regarding the site.
We may disclose your individual personal information if compelled to do so by law, governmental rule or regulation, judicial process, or court order. If we become involved in a merger, acquisition or other transaction involving the sale of some or all of our assets or equity, user information, including personal information collected from you through your use of the site, could be included in the transferred assets. Should such an event occur, we will use reasonable means to notify you, either through email and/or a prominent notice on our site.
We may use your personal information with non-personal information that we have collected in a manner such that the end-product does not personally identify you or any other user of the site. We may make your personal information non-personally identifiable by either combining it with information about other users (aggregating your personal information with information about other users), or by removing characteristics that make the information personally identifiable. This process is known as de-personalizing your information. You grant us a royalty-free, worldwide, perpetual, irrevocable and fully transferable right and license to use your personal information in connection with the creation and development of analytical and statistical analysis tools relating to the use of the customer data we collect in providing the site (the “Analytical Data”). We are expressly authorized to make any commercial use of the Analytical Data, including without limitation, sharing the Analytical Data with third parties, provided that we do not sell, trade, or otherwise transfer from us any part of the Analytical Data that personally identifies any site users.
Data Management and Security
The personal information that you provide to us is stored on servers with restricted access. In addition, we restrict access to personal information to our employees who need to know this information. However, no server, computer or communications network or system, or data transmission over the Internet can be guaranteed to be 100% secure. AS A RESULT, WHILE WE STRIVE TO PROTECT USER INFORMATION, WE CANNOT ENSURE, GUARANTY, OR WARRANT THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO US OR THROUGH THE USE OF THE SITE AND YOU ACKNOWLEDGE AND AGREE THAT YOU PROVIDE SUCH INFORMATION AND ENGAGE IN SUCH TRANSMISSIONS AT YOUR OWN RISK. ONCE WE RECEIVE A TRANSMISSION FROM YOU, WE WILL ENDEAVOR TO MAINTAIN ITS SECURITY ON OUR SYSTEMS. YOU MAY MODIFY YOUR PERSONAL INFORMATION YOU HAVE DISCLOSED TO US BY FOLLOWING THE APPLICABLE INSTRUCTIONS ON OUR SITE.
Cookies and Related Technologies
The site uses “session cookies”, which improve your user experience by storing certain information from your current visit on your computer or mobile device, such as log-in information. These enable us to remember your log-in session so you can move easily within the site. These session cookies have limited functionalities and expirations, and you will be required to re-enter your log-in information after a certain period of time has elapsed to protect you against others accidentally accessing your account contents and related personal information.
How We May Use or Disclose Automatically Collected Information
Your automatically collected information may be aggregated with that of our other users in order to provide us with important trend behavior information. The aggregated information will help us analyze and improve the functionality and features of the site. In addition, we may share automatically collected information with our partners. Any automatically collected information shared with our partners will not contain nor be linked to any of your personal information.
We may transfer our rights relating to your automatically collected information hereunder to a third party by way of merger, acquisition or asset sale.
Jurisdiction and Data Storage
Applicable Law & Legal Effect
You expressly agree that exclusive jurisdiction for any dispute with VIRTUAL HEADACHE SPECIALIST™, or in any way relating to your use of the Site, resides in the courts of OHIO, GEAUGA COUNTY, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of OHIO, GEAUGA COUNTY, in connection with any such dispute including any claim involving VIRTUAL HEADACHE SPECIALIST™ or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
We use good faith efforts to adhere to the European Union Safe Harbor principles as set forth by the United States Department of Commerce regarding the collection, use, and retention of personal information.
IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE SITE. WE RESERVE THE RIGHT TO MAKE CHANGES TO THESE TERMS AT ANY TIME, WHEREOF WE WILL PROVIDE NOTICE ON OR THROUGH THE SITE. YOUR CONTINUED USE OF THE SITE THEREAFTER CONSTITUTES YOUR ACCEPTANCE OF THE REVISED TERMS.