SteadyMD Terms of Use

Last Updated: February 2021

Please note that these are the Terms of Use for visiting and browsing the SteadyMD.com web site. When you become a SteadyMD patient, you will be presented with the SteadyMD New Patient Agreements. Thank you!

These Terms of Use (the “Terms of Use” or the “Agreement”) describe the terms on which you may access and use this website located at www.steadymd.com (the “Website”) and may have previously, now or in the future, own and/or operate a mobile application(s) (collectively, the “Platform”), which is owned and operated by SteadyMD, Inc. (collectively, “SteadyMD”, “we,” or “us”). Your access and use of the Platform, any part of the Platform, or anything associated with the Platform, including its content (“Content”), and any affiliated website, software, or application owned or operated by SteadyMD (collectively, including the Platform and Content, the “Services”) are governed by these Terms of Use. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREED TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THE TERMS OF USE, PLEASE DO NOT USE THE SERVICES.

Your continued use of the Services following the posting of any changes to the Terms of Use constitutes acceptance of those changes. In the event of any inconsistency between the SteadyMD Privacy Policy and this Agreement, this Agreement shall control.

We may revise the Terms of Use from time to time by updating this posting, with the new terms taking effect on the date of posting. You should review these Terms of Use every time you use the Services because they are binding on you.

TERMINATION

SteadyMD reserves the right, in its sole discretion, to terminate your access to all or part of the Services, with or without notice. Examples of activity that may lead to a termination of your use of the Services include your breach of any of these Terms of Use.

NO PRACTICE OF MEDICINE
Information provided through the Services is not intended to be, and must not be taken to be, the practice of medicine or the practice of other healthcare services by SteadyMD. Use of the Services does not create a physician/patient or provider/patient relationship with SteadyMD. SteadyMD is not recommending or endorsing any specific test, diet regimen, or other information.

PROPRIETARY RIGHTS IN WEBSITE CONTENT & PROHIBITED USE
SteadyMD retains all copyright and other proprietary rights in and to the Content. Elements of the Content are protected by copyright, trade dress and other laws, and may not be copied or imitated in whole or in part. Nothing shall be construed as granting you any license under any patent, trademark, or copyright of SteadyMD or any third party. Certain portions of the Services may contain information supplied and updated by third parties, or include links to third-party sites. SteadyMD is not responsible for, and makes no warranty as to the accuracy of, such information or sites.

SteadyMD claims no ownership in, nor any affiliation with, third-party trademarks or brand names that may appear on this site. Such third-party trademarks are used only to identify the products and services of their respective owners, and no sponsorship or endorsement on the part of SteadyMD should be inferred from their use. You are not permitted to use the trademarks displayed on the Services without the prior written consent of SteadyMD or the third party that may own the trademarks.

You are prohibited from using or attempting to use the Services (i) for any unlawful, unauthorized, fraudulent, or malicious purpose, (ii) in any manner that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, (iii)in any manner that could interfere with any other party’s use and enjoyment of the Services, (iv) to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining or any other means, (v) to access systems, data, or information not intended by SteadyMD to be made accessible to a user, (vi) to obtain any materials, or information through any means not intentionally made available by SteadyMD, (vii) to reverse engineer, disassemble or decompile any section or technology on the Services, or (viii) for any use other than the business purpose for which it was intended.
In addition, in connection with your use of the Services, you agree you will not: (a) upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic, or that may invade another’s right of privacy or publicity; (b) create a false identity or duplicative accounts for the purpose of misleading others or impersonate any person or entity, including, without limitation, any SteadyMD representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (c) upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); (d) upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, spyware or any other similar software or programs that may damage the operation of another’s computer or property of another; (e) delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; (f) use communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text); (g) upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “phishing” or any other form of solicitation, commercial or otherwise; (h) violate any applicable local, state, national or international law; (i) upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party; (j) delete or revise any material posted by any other person or entity; (k) manipulate or otherwise display the Services by using framing, mirroring or similar navigational technology; (l) probe, scan, test the vulnerability of or breach the authentication measures of, the Service or any related networks or systems; (m) register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services or any contests, promotions or sweepstakes if you are not expressly authorized by such party to do so; (n) harvest or otherwise collect information about others, including email addresses; (o) use any robot, spider, scraper, or other automated or manual means to access the Service, or copy, download, distribute or reproduce any content or information on the Service; or (p) assist or permit any person in engaging in any of these activities.

SteadyMD reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing. SteadyMD may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.

Except as may be provided in the Privacy Policy or prohibited by applicable law, SteadyMD reserves the right at all times to disclose any information as SteadyMD deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in SteadyMD’s sole discretion.

RIGHT TO MONITOR
SteadyMD reserves the right to monitor general use of the Services at any time as it deems appropriate and to remove any materials that, in SteadyMD’s sole discretion, may be illegal, may subject SteadyMD to liability, may violate the Terms of Use or are, in the sole discretion of SteadyMD, inconsistent with SteadyMD’s purpose for the Services.

TRADEMARKS
The following trademarks are property of SteadyMD: “SteadyMD”. These marks may not be used without our consent on any product or service, except our own.

SERVICE INFORMATION
The information contained on the Platform is intended for a general audience, and may not apply to your particular situation. Nothing contained on the Platform is intended or should be construed as medical advice, diagnosis, or treatment. You should not use this Platform as a substitute for your supervising physician’s advice.

LINKS TO OTHER WEBSITES
The Platform may contain links to Internet or mobile sites not owned or operated by SteadyMD, including to our online payment processing services provider, to sites featuring organizations, services or news that may be of interest, and to pages that we maintain on Facebook or other social media platforms. The inclusion of these links should not be construed as an affiliation, sponsorship or endorsement. When you access a third party Internet or mobile site, you do so at your own risk. We assume no responsibility or liability for any information, products or services available on or through any third party Internet or mobile site, or for any actions taken by you or others in connection therewith.

COMMUNICATING WITH US
There are multiple ways to communicate with SteadyMD, including through the website and using the phone numbers listed for each of our locations. Communicating with us does not, in and of itself, establish a physician-patient relationship. You acknowledge that by filling out this form, phone, data, text messaging, and other fees and charges may apply, depending on your particular device and service plan. You are solely responsible for those fees and charges.

LIMITATION OF LIABILITY
SteadyMD, its affiliates and any of its, or their, directors, officers, employees or agents shall not, under any circumstances, be liable for direct, consequential, incidental, indirect or special damages of any kind, or any other damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, and whether resulting from the use or inability of use of any contents of the Services, or any other cause, even if such cause involves negligence, or if we have been apprised of the likelihood of such damages occurring.

The above limitation, or exclusion, may not apply to you to the extent that applicable law prohibits the limitation or exclusion of liability for incidental or consequential damages.

DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT STEADYMD DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY PERSONAL INFORMATION. STEADYMD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

STEADYMD MAKES NO WARRANTY THAT (1) THE SERVICES WILL MEET YOUR REQUIREMENTS, (2) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (3) THE QUALITY OF ANY INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (4) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM STEADYMD OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

BINDING ARBITRATION
Any controversy or claim between the parties or arising out of these Terms of Use or any use of the Services shall be determined by one disinterested arbitrator in binding arbitration pursuant to the Commercial Arbitration Rules and the Supplementary Procedures for Online Arbitration of the American Arbitration Association (the “AAA”). The arbitrator shall be experienced in agreements for information technology services, either as an attorney or as an information technology professional. If the parties fail to appoint an arbitrator within forty-five (45) days of the institution of the arbitration, the AAA shall select the arbitrator promptly thereafter. Any requests for accelerated, emergency or preliminary relief shall be submitted pursuant to the AAA’s Optional Rules for Emergency Measures of Protection. If any such requests are made before an arbitration panel is empanelled, then the AAA shall appoint one disinterested arbitrator as an arbitration panel to immediately hear and decide such request. The arbitration panel shall have the right to grant interim awards. Testimony shall be permitted by telephone, video conference and other forms of real-time telecommunications. If the arbitrator requires in-person hearings, the hearings shall be held in St. Louis, Missouri. The arbitral award will be final and binding, and may be entered and enforced in any court of competent jurisdiction.

WAIVER OF JURY TRIAL AND CLASS ACTIONS
BY ENTERING INTO THESE TERMS OF USE, YOU AND STEADYMD ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT, TO RECEIVE A JURY TRIAL OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AND STEADYMD BOTH AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT A CONSOLIDATED, CLASS-WIDE OR REPRESENTATIVE BASIS AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO PROCEED WITH AN ARBITRATION ON A CLASS OR REPRESENTATIVE BASIS. THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. IF FOR ANY REASON THE ARBITRATION CLAUSE SET FORTH IN THESE TERMS OF USE IS DEEMED INAPPLICABLE OR INVALID, OR TO THE EXTENT THE ARBITRATION CLAUSE ALLOWS FOR LITIGATION OF DISPUTES IN COURT, YOU AND STEADYMD BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.

INDEMNIFICATION
By accepting these Terms of Use, you agree to indemnify and otherwise hold harmless SteadyMD and its officers, employees, agents, subsidiaries, affiliates, licensors, suppliers and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from your use of the Services.

JURISDICTION
By accessing the Services, you and SteadyMD agree that all matters relating to your access to, or use of, the Services shall be governed by the statutes and laws of the State of Missouri, without regard to its conflicts of laws principles. You and SteadyMD also agree, and submit to the exclusive personal jurisdiction and venue of the courts of the State of Missouri with respect to such matters. SteadyMD makes no representation that materials contained in the Services are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Services from other locations do so on their own initiative, and are responsible for compliance with local laws.

NOTICES
SteadyMD may deliver notice to you under these Terms of Use by means of e-mail, a general notice posted on the Platform, or by written communication delivered by first-class U.S. mail to the address that you have provided to SteadyMD. You may give notice to, or submit comment, questions or complaints to, SteadyMD at any time via e-mail or by letter delivered by first-class postage prepaid U.S. mail or overnight courier to the following address:

SteadyMD, Inc.
4625 Lindell Blvd, Suite 224
St. Louis, MO 63108

E-mail: info@steadymd.com

SURVIVAL
The provisions of these Terms of Use entitled “Limitation of Liability,” “Disclaimer of Warranties,” “Indemnification,” “Jurisdiction” and “General Provisions” will survive the termination of this Agreement.

DISCLAIMER
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ALL USE OF THE SERVICES ARE “AT YOUR OWN RISK.” STEADYMD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SERVICES, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. STEADYMD DOES NOT REPRESENT OR WARRANT THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT INFORMATION CONTAINED ON THE PLATFORM WILL BE ACCURATE, COMPLETE OR UP-TO-DATE.

GENERAL PROVISIONS
Except as provided in a particular “Legal Notice” on this Platform, these Terms of Use, along with the SteadyMD Privacy Policy, constitute the entire agreement and understanding between you and SteadyMD with respect to use of the Services, superseding all prior or contemporaneous communications with SteadyMD. These Terms of Use are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. SteadyMD may assign its rights and duties under these Terms of Use to any party at any time without notice to you. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based upon or relating to use of the Services to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles of this Agreement are displayed for convenience only and have no legal effect. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.