Terms Of Use OxygenMD

Thanks for using our products and services (“Services”). The Services are provided by OxygenMD, Inc. (“OxygenMD”) By using our Services, you are agreeing to these terms. Please read them carefully. Our Services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.

Medical Disclaimer

OxygenMD has created and compiled the content on its websites for your information and use. This information is not intended to replace or modify the medical advice of your doctor or health care provider. Please consult your health care provider for advice about a specific medical condition. Please remember that the information and content, in the absence of a visit with a health care professional, must be considered as an informational/educational service only and is not designed to replace a physician’s independent judgment about the appropriateness of risks of a procedure or condition for a given patient.

Content Disclaimer

All content posted on this site is the responsibility of the party posting such content. Participation on this site by a party does not imply endorsement of any other party’s content, products, or services. All trademarks, brands, and content on this site are the property of their respective owners.

This OxygenMD site contains content from credible sources representing different points of view. OxygenMD may display certain content to users based on the geographic location of the user. Certain contributors on the OxygenMD site pay money or provide other value to OxygenMD in exchange for placement and/or additional messaging within the OxygenMD site. In addition, certain contributors are also investors in OxygenMD. If any participant of OxygenMD’s programs or services requests a list of advertisers or relationships where OxygenMD has a financial arrangement with a provider of products or services shown on this site, the participant may request such information by contacting us at privacy at OxygenMD.com.

The product information provided on this site is intended only for residents of the United States. Products identified on this site may have different product labeling and disclosure requirements in different countries.

Using our Services

You must follow any policies made available to you within the Services.

Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.

Our Services display some content that is not from OxygenMD. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.

Your OxygenMD Account

You may need a OxygenMD Account in order to use some of our Services. You may create your own OxygenMD Account. To protect your OxygenMD Account, keep your password confidential. You are responsible for the activity that happens on or through your OxygenMD Account. Try not to reuse your OxygenMD Account password on third-party applications. If you learn of any unauthorized use of your password or OxygenMD Account, contact us.

Privacy

OxygenMD’s Privacy Policy explains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that OxygenMD can use such data in accordance with our Privacy Policy.

Advertising

We and our service providers may use information about your interactions with our Services to predict your interests and select the ads you see on and off our Site. This is known as interest-based advertising. In providing interest-based ads, we follow the Self-Regulatory Principles for Online Behavioral Advertising developed by the Digital Advertising Alliance (“DAA”). OxygenMD does not advertise, market, or promote products or services to patients, participants, or practitioners who receive services as part of a OxygenMD, meaning that you receive OxygenMD’s services through your participation with your employer or health plan. In the event your health plan sponsor, employer, or health plan, through which you receive services, instructs us provide advertising content on this site, OxygenMD would first obtain your valid authorization in compliance with applicable data privacy laws.

For more information about interest-based advertising and how you can opt out, visit:
Digital Advertising Alliance: http://www.aboutads.info/choices/
Network Advertising Initiative: http://www.networkadvertising.org/choices/
Mobile opt outs: The DAA offers a separate choice tool for the collection of cross-app data on a mobile device for interest-based advertising and other applicable uses. To exercise choice for companies participating in this choice tool, you can install the DAA’s AppChoices app (see http://www.aboutads.info/appchoices). Many mobile devices also offer their own opt-outs for interest-based advertising. Please refer to your device settings and instructions for additional information.

Your Content in our Services

Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.

When you upload, submit, store, send or receive content to or through our Services, you give OxygenMD (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services. Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.

Our automated systems analyze your content to provide you personally relevant product features. This analysis occurs as the content is sent, received, and when it is stored.

If you have a OxygenMD Account, we may display your Profile name, Profile photo, and actions you take on OxygenMD or on third-party applications connected to your OxygenMD Account in our Services, including displaying in ads and other commercial contexts.

You can find more information about how OxygenMD uses and stores content in the privacy policy or additional terms for particular Services. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.

About Software in our Services

When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.

OxygenMD gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by OxygenMD as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by OxygenMD, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

Open source software is important to us. Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.

Modifying and Terminating our Services

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.

You can stop using our Services at any time, although we’ll be sorry to see you go. OxygenMD may also stop providing Services to you, or add or create new limits to our Services at any time.

We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.

Our Warranties and Disclaimers

We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER OxygenMD NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

Liability for our Services

WHEN PERMITTED BY LAW, OxygenMD AND OxygenMD’S SUPPLIERS AND DISTRIBUTORS WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF OxygenMD, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

IN ALL CASES, OxygenMD, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

Business uses of our Services

If you are using our Services on behalf of a business, that business accepts these terms, except as may be modified or superseded by another agreement, if applicable. Except to the extent another agreement applies, such business will hold harmless and indemnify OxygenMD and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

Copyright Protection, Notice, and Procedure for Making Claims of Copyright Infringement

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe any content on our site is infringing upon your copyright please send a copyright infringement notification to OxygenMD in accordance with the terms below.
To be effective, the notification must be a written communication must:

Include a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;

Identify the copyrighted work claimed to have been infringed, or,if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

Identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly;

Include information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

Include a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and

Include statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
To expedite our ability to process your request, such written notice should be sent via email at privacy at OxygenMD.com.

Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.

We may give notice to our users by means of a general notice on any of our websites, electronic mail to a user’s e-mail address in our records, or written communication sent by first-class mail to a user’s physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below.

To be effective, the counter-notification must be a written communication that includes the following:
Your physical or electronic signature;

Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

About these Terms

We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.

These terms control the relationship between OxygenMD and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.

The laws of California, USA, excluding California’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services.

Resolving Disputes

You and OxygenMD agree that any judicial proceeding will be brought in the federal or state courts with jurisdiction over Los Angeles, California, USA. Both you and OxygenMD consent to venue and personal jurisdiction there.

Contact Us
For information about how to contact OxygenMD, please visit our contact page
Last modified: March 11, 2019