ACCEPTANCE OF TERMS

By checking the box indicating acceptance of these Terms [browsing or using the Site], you agree to these Terms and any amendments hereto thatmay be published from time to time on the Site, each of which is incorporated by reference.

KEY TERMS

Virtual Medical Specialists refers to Virtual Medical Specialists, LLC [and includes (Virtual Headache Specialist website)], and is referred to herein as “Virtual Medical Specialists,“ “we,” or “our.”  “Content” means logos, design, text, graphics, images, software, audio, video, works of authorship of any kind, and information and other materials that are posted, generated, provided, or otherwise available through or on the Site.  We and our licensors exclusively own all right, title, and interest in and to the Content, including all associated intellectual property rights.  You acknowledge that Content is protected
by copyright, trademark, and other laws of the United States and foreign countries and that you will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights or notices incorporated in or accompanying Content on the Site.

“Site” means the website www.virtualheadachespecialist.com, including all subdomains and subparts, as well as our social media accounts on Facebook, Twitter, Instagram, Reddit, Pinterest, Quora, and Tumblr, and other platforms and applications for mobile, tablet, and other smart devices and application programs.

“Terms” refers to the terms and conditions of these Terms of Use, along with our Privacy Policy.

“User” means any visitor to the Site, regardless of whether the visitor registers for the Site or purchases any services or products from the Site, and is referred to herein as “User” or “you.”

“User Content” refers to any comments or other Content that Users, including you, may upload to the Site.  Content includes, without limitation, User Content.  We do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights a User may have to use and exploit their own User Content.

ELIGIBILITY TO USE THE SITE

You may use the Site only if you are eighteen (18) years or older (or the applicable age of majority in your jurisdiction, if greater than eighteen (18) years of age) and capable of forming a binding contract with us and are not barred from using the Site under any applicable law.  As long as you comply with these Terms, you may view and use our Site for your personal, non-commercial purposes.  No other use of the Site is authorized.

NOTICE REQUIRED

BY CALIFORNIA LAW

Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice:

The name, address, and telephone number of the provider of this service is [Virtual Medical Specialists LLC, 1970 N. Cleveland Massillon Rd., #442, Bath, OH 44210-5323, 1-800-714-4231].  Complaints regarding services or products, or requests to receive further information regarding use of this Site may be sent to the above address or to [email protected].

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210.

GOVERNING LAW

These Terms and any action or proceeding relating thereto will be governed by the laws of the State of Ohio.  If any provision or part-provision of these Terms is declared invalid, unlawful, void, or for any reason unenforceable, it will be deemed severable and will not affect the validity and enforceability of the remaining provisions of these Terms, which will be enforced to the maximum extent permissible.

PRIVACY POLICY

Users of the Site should refer to our Privacy Policy (as may be updated from time to time) for information about how we use and collect information, which may be accessed by clicking on the following link: https://virtualheadachespecialist.com/privacy-policy/.  You agree that we may collect, use, retain, and disclose your personal information to the extent permissible by law and as described in our Privacy Policy and that our Privacy Policy will govern our collection and use of your personal information to the fullest extent permitted by law.

INTERNATIONAL USERS

Our Site is controlled, operated, and administered from our offices in Ohio, United States of America. We make no representation that Content on the Site is appropriate or available for use at other locations outside the United States, and access to it is prohibited from territories where the Content or services or products available through the Site are illegal. You may not use the Site or export its Content or services or products in violation of United States export laws and regulations. If you access the Site from a location outside of the United States, you are responsible for compliance with all local laws if, and to the extent, local laws are applicable.

RULES OF CONDUCT AND GENERAL PROHIBITIONS

You must only use this Site for lawful purposes, and you must not use it in any way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Site.  You may not, without our written consent: (i) copy, reproduce, use, or otherwise deal with any Content on the Site; (ii) modify, distribute, or re-post any Content on the Site for any purpose; or (iii) use the Content of the Site for any commercial exploitation whatsoever.

In using the Site, you further agree not to do any of the following:

• • post, publish, submit, or otherwise transmit any Content that: (i) infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, or other intellectual property rights, or rights of publicity or privacy; (ii) is knowingly false, fraudulent, misleading, or deceptive; (iii) is defamatory, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise violative of any law; or (iv) promotes illegal or harmful activities or substances;
  • disrupt or interfere with the security of, or otherwise abuse, the Site or any service, systems resource, account, server, or network connected to or accessible through the Site, or affiliated or linked websites;
  • disrupt or interfere with any other User’s enjoyment of the Site, or affiliated or linked websites;
  • post, publish, submit or otherwise transmit through or on the Site any viruses or other harmful, disruptive, or destructive files;
  • use, frame, or utilize framing techniques to enclose our trademark, logo, or other proprietary information (including, but not limited to, images found on the Site, Content, any text, or the layout/design of any page or form contained on a page) without our express written consent;
  • use meta tags or other “hidden text” utilizing our name, trademark, or product name without our express written consent;
  • deep link to the Site without our express written consent;
  • create or use a false identity on the Site, share your account information, or allow any person besides yourself to use your account to access the Site;
  • collect or store personal data about others;
  • attempt to obtain unauthorized access to the Site or portions of it that are restricted from general access; and
  • encourage or enable another User or individual to do any of the foregoing prohibited activities.

By accessing or using this Site you agree to comply with all applicable local, national, and international laws and regulations relating to your use of or activities on the Site.  To the extent permissible by law, we will not be responsible or liable to any third party for the User Content or accuracy of any Content posted by you or any other User on the Site.  We have the right to remove any User Content or posting you make on the Site if, in our sole discretion, such Content or posting does not comply with the standards set out in these Terms.

If you do not agree to these Terms, you do not have our consent to obtain information from or otherwise use the Site.  Failure to use the Site in accordance with these Terms may subject you to civil or criminal penalties.

YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE SITE, AND/OR DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS WHETHER OR NOT YOU HAVE CREATED AN ACCOUNT ON THE SITE.  IF YOU DO NOT AGREE TO THESE TERMS, YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE.  If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or legal entity to these Terms and, in such event, “you” or “your” will refer and apply to that company or other legal entity.

RIGHT TO USER CONTENT POSTED BY YOU

By making any User Content available to or through the Site, you will remain the owner of your User Content, but hereby grant Virtual Medical Specialists a non-exclusive, transferable, sub-licensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform, and distribute your User Content in connection with operating and providing services and information to you and/or other Users, and also in connection with advertising of our services and Site.  You also agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned to you, except as otherwise described in the Privacy Policy.

In the event you upload any User Content to the Site, we have the right to use any and all such elements of the Content in connection with and/or as part of our business, including, but not limited to, in connection with or in any advertising in any and all media, printed publications, presentations, promotional materials, events, and associated marketing materials, television and cinema commercials, videos, or on the Site in perpetuity throughout the world as we, in our sole discretion, see fit without further consent by, or payment to, you.  By uploading User Content to the Site, you agree to grant Virtual Medical Specialists the right to use your copyright in such User Content.  We also have all right, title, and interest in any and all results and proceeds from our use of the User Content to the extent permissible by law.  We have the right to transfer our rights to use the User Content toany third party, including, but not limited to, any of our subsidiaries or affiliated companies.

We may alter, adopt, or edit the User Content and any further material created under these Terms, and market and exploit it entirely in our sole discretion.  Upon request, you will furnish Virtual Medical Specialists with any and all documentation, substantiation, or releases necessary to verify your compliance with these provisions.  We are not obligated to make use of any of your User Content or exercise any of the rights granted by these Terms.

You are responsible for all your User Content.  You represent and warrant that you own all of your User Content or you have all rights necessary to grant Virtual Medical Specialists the license rights in your User Content under these Terms.  You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Site, nor any use of your User Content by Virtual Medical Specialists on or through the Site, will infringe, misappropriate, or violate a third party’s intellectual property rights, rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You may request that we delete your User Content according to the terms of our Privacy Policy by emailing us through our contact page. Before we fulfill a request to access or delete your information, we may ask you to verify your identity.  We will ask you to verify your name, email address, and/or other information we have collected about you. However, we may retain your Personal Data for an additional period as is permitted or required under applicable laws.  Even if we delete your Personal Data, it may persist on backup or archival media for an additional period of time.

MEDICAL DISCLAIMER

The Content, statements, and other material made available on or through the Site: (i) are not intended to diagnose, treat, cure, or prevent any individual’s medical condition or disease; and (ii) are not in any way intended as personalized medical advice or as a substitute for medical treatment. The information offered on the Site is intended to be educational only.  You should consult with your physician or other healthcare professional about any condition your or another person may be experiencing. If you have or suspect that you have a medical condition, promptly contact your healthcare provider.  Never delay seeking or disregard professional medical advice because of something you have read on the Site.  The Site is solely an online educational resource.

INDEMNIFICATION
You will defend, indemnify, and hold harmless Virtual Medical Specialists, our affiliates, and each of our and their respective officers, directors, employees, contractors, suppliers, representatives, and agents from any and all claims, demands, liabilities, damages, losses, costs, and expenses, including, but not limited to, reasonable attorneys’ fees, that arise from or relate to: (i) your access to or use of the Site or Content; (ii) your User Content; (iii) violation of any applicable law that protects Virtual Medical Specialists or our legal rights or those of any third party that your actions have damaged; (iv) your violation of these Terms or any applicable law, including, but not limited to, infringement by you of any intellectual property rights owned by Virtual Medical Specialists or any third party; and (v) any and all activities that occur under or in connection with your use of the Site. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Virtual Medical Specialists in asserting any available defenses. YOU AGREE TO BE RESPONSIBLE FOR ALL SUCH DAMAGES, CLAIMS, OR LOSSES TO THE FULLEST EXTENT PERMITTED BY LAW, EVEN IF THEY ARE CAUSED BY OUR ACTIVE OR PASSIVE NEGLIGENCE, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES, AND EVEN IF THEY ARE REASONABLY FORESEEABLE.

COPYRIGHTS AND TRADEMARKS

The Site, including all of the Content and organization, graphics, design, compilation, magnetic translation, digital conversion, software, services, and other matters related to same, is the sole and exclusive property of Virtual Medical Specialists and protected by applicable copyright, trademark, other proprietary rights, and other laws of the United States and foreign countries.  Unless expressly stated otherwise, we retain other proprietary rights in all Content and services and products available through the Site.

Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, and or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise without our prior written consent and permission of the respective copyright owner.  You may not, without our express written permission or that of the respective copyright owner: (i) copy, upload, publish, post, submit, or transmit any materials on any computer network or broadcast or publications media; (ii) modify the materials; or (iii) remove or alter any copyright or other proprietary notices contained in the materials.  You also may not: (i) sell, resell, or make commercial use of the Site, its Content, services, or products obtained through the Site; (ii) collect or use any product listings or descriptions; (iii) make derivative uses of the Site or its Content; or (iv) use any data mining, robots, or similar data gathering and extracting methods.  You are not conveyed any right or license by implication, estoppel, or otherwise in or under any of our patent, trademark, or copyright rights, or other proprietary rights of any third party.

Together with other logos and product names appearing on the Site, the following includes a partial list of our trademarks and/or registered trademarks in the United States and other countries:  Virtual Medical Specialists.  All other trademarks not owned by Virtual Medical Specialists that are made available by and through the Site are the property of their respective owners who may or may not be affiliated with, connected to, or sponsored by Virtual Medical Specialists. These and all of our other trademarks may not be copied, imitated, or used, in whole or in part, without our prior written permission or that of the rights holder.  In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress, and may not be copied, imitated, or used, in whole or in part, without our prior written permission.  Any other names and brands on the Site may be claimed as the property of others.

INTELLECTUAL PROPERTY, COPYRIGHT, AND EXCLUSIVITY

Copyright in any manual, sales documentation, technical description, and other documents that may be supplied by Virtual Medical Specialists under or in connection with your purchase(s) and any and all intellectual property rights, title, and interest in the formulation or design of Virtual Medical Specialists’s Site, or any part thereof, whether such formulation or design is registered or not, shall vest in Virtual Medical Specialists absolutely.  Any data, patent, copyright, proprietary right, or confidentiality, know-how, trademark, or process with respect to Virtual Medical Specialists’s services or Site is the proprietary information (“Proprietary Information”) of Virtual Medical Specialists and its third-party vendors (as the case may be).  You agree that you shall not, without Virtual Medical Specialists’s prior written vconsent, use or disclose the Proprietary Information to any third-party for any reason other than that third-party’s personal use of Virtual Medical Specialists’s services or Site.

DMCA/COPYRIGHT POLICY

It is our policy to respect the copyright and intellectual property rights of others.  We may remove content that appears to infringe the copyright or other intellectual property rights, including moral rights, of others.  In addition, we may terminate access by Users who appear to infringe the intellectual property or other rights of others. All website images are purchased and contracted through public stock image companies such as https://www.shutterstock.com/, or created by Virtual Medical Specialists, LLC.

We comply with the Digital Millennium Copyright Act (“DMCA”).  If you believe we or any User of the Site has infringed your copyright in any material way, please notify Virtual Medical Specialists, and provide the following:

• an identification of the intellectual property right claimed to have been infringed;
• an identification of the material you claim is infringing so that we may locate it on the Site;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the owner or its licensee, or the agent of either of the foregoing, or the law;
• a statement by you that the above information in your notice is accurate and made under penalty of perjury; and
• that you are authorized to act on behalf of the owner of the intellectual property interest involved.