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Terms of Use BY “REGISTERING AN ACCOUNT” WITH MJ MD Newport Beach,” YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREED TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT “REGISTER AN ACCOUNT”, YOU WILL NOT BE ABLE TO USE OR RECEIVE THE BENEFIT OF THE MJ MD Newport Beach SERVICES. YOU HEREBY GRANT AGENCY AUTHORITY TO ANY PARTY WHO “REGISTERS AN ACCOUNT” ON YOUR BEHALF.
This website, located at https://mjmdnewportbeach.com, and the MJ MD Newport Beach Mobile Applications (collectively, the “Site”), are owned and operated by Xinming Fu M.D., Inc. (d/b/a MJ MD Newport Beach) (and collectively with its subsidiaries, affiliates, successors, and assigns, “MJ MD Newport Beach”, “we,” or “us”).
This Site provides Qualifying Patients (Qualifying Patients are those individuals who demonstrate to the satisfaction of a licensed physician, doctor of osteopathy, or licensed health care provider (collectively “Licensed Health Care Provider”) that they suffer from the requisite debilitating conditions or are undergoing certain qualifying medical treatments (such as chemotherapy or radiotherapy) as defined and governed by applicable state laws and regulations relating to the use of cannabis for medical treatment of the foregoing in the state in which the Qualifying Patient resides and their Licensed Health Care Provider practices, which state also legalized, decriminalized, and/or allows for the possession and consumption of cannabis for medical use by qualifying patients) with (i) information on licensed physicians, doctors of osteopathy, and health care providers and the services and facilities provided by the same who are subscribers to the MJ MD Newport Beach services (collectively hereafter “Licensed Health Care Provider(s)”), (ii) concierge-type assistance in planning for health care procedures and appointments with Licensed Health Care Providers, especially as it relates to location and geographic-specific information in the area surrounding the Licensed Health Care Provider or facility, (iii) development and gathering of health care records and health care information with retention of the same for use in Licensed Health Care Provider appointments and communications, (iv) administrative support in connection with third-party financing and payment options for Licensed Health Care Provider services and submission of third-party insurance claims for reimbursement of health care expenses when possible, and (v) in certain circumstances, telecommunications support using the Site for direct access to Licensed Health Care Providers and facilities with whom a qualifying patient has an existing Licensed Health Care Provider to patient relationship for communication, consultations, assessments, and ongoing treatment.
This Site also makes available communication forums for the exchange of general wellness information and otherwise between Qualifying Patients, Licensed Health Care Providers, and others. All such communication is at the sole discretion of participants in the forums and MJ MD Newport Beach does not review or confirm any information or content for accuracy or any other purpose. Except for the limited subscription arrangement with Licensed Health Care Providers who subscribe to the MJ MD Newport Beach services, MJ MD Newport Beach has 1 Qualifying Patient are those individuals who demonstrate to the satisfaction of a licensed physician, doctor of osteopathy, or licensed health care provider (collectively “Licensed Health Care Provider”) that they suffer from the requisite debilitating conditions or are undergoing certain qualifying medical treatments (such as chemotherapy or radiotherapy) as defined and governed by applicable state laws and regulations relating to the use of cannabis for medical treatment of the foregoing in the state in which the Qualifying Patient resides and their Licensed Health Care Provider practices, which state also legalized, decriminalized, and/or allows for the possession and consumption of cannabis for medical use by qualifying patients.
IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911.
Your access to and use of the Site are subject to these terms of use (“Terms of Use”), as well as all applicable laws and regulations. Please read these Terms of Use carefully. If you do not accept and agree to be bound by any of these Terms of Use, you are not authorized to access or otherwise use the Site or any information or Content contained on the Site, as defined in these Terms of Use. Your access to and use of the Site constitutes your acceptance of and agreement to abide by each of these terms and conditions set forth below. This Site is continually under development, and MJ MD Newport Beach reserves the right to revise or remove any part of these Terms of Use in its sole discretion at any time and without prior notice to you. Any changes to these Terms of Use are effective upon posting to the Site. Unless otherwise indicated, any new Content added to the Site is also subject to these Terms of Use upon posting to the Site. If you disagree with these Terms of Use, your sole remedy is to discontinue your use of the Site. Your continued use after a change has been posted constitutes your acceptance of the changes.
THIS WEBSITE FACILITATES COMMUNICATION AND COORDINATION WITH YOUR LICENSED HEALTH CARE PROVIDER, AND IN CERTAIN CIRCUMSTANCES FACILITATES DIRECT COMMUNICATION WITH THE SAME. IT DOES NOT REPLACE YOUR RELATIONSHIP WITH ANY LICENSED HEALTH CARE PROVIDER OR OTHER HEALTH CARE SERVICE, AND MJ MD Newport Beach DOES NOT PROVIDE MEDICAL ADVICE, RECOMMENDATIONS OF CANNABIS FOR MEDICAL USE, DISTRIBUTION OF CANNABIS IN ANY FORM WHATSOEVER FOR THE PURPOSE OF MEDICAL TREATMENT OR OTHERWISE, CARE, DIAGNOSIS, OR TREATMENT.
Cannabis is currently listed as a Schedule I controlled substance pursuant to the federal Controlled Substances Act. Consequently, possession, distribution, cultivation, and manufacture of cannabis are illegal under federal law. Upon acceptance of this Agreement, you represent and warrant that you understand the varied legal risks associated with your use of cannabis for medical treatment, including arrest and prosecution under applicable federal laws. Should any criminal or civil administrative or legal actions be instituted against you for your use or possession of cannabis for medical treatment as recommended by a Licensed Health Care Provider you select through MJ MD Newport Beach, you will not hold MJ MD Newport Beach or any of its Licensed Health Care Providers liable for any loss, injury, or claims of any kind resulting from those actions. You are solely responsible for maintaining a full understanding of the medical cannabis laws in the state in which you reside.
MJ MD Newport Beach does not in any way engage in the cultivation, manufacture, distribution, sale, or online sale of cannabis or any cannabis product for medical use or otherwise. Licensed Health Care Providers subscribing to the Site do not in any way engage in the cultivation, manufacture, distribution, sale, or online sale of cannabis or any cannabis product for medical use or otherwise.
Neither MJ MD Newport Beach nor its Licensed Health Care Providers shall assist you at any time or in any way in the procurement of any cannabis or cannabis product for your consumption, possession, sale or distribution, cultivation, or manufacture of the same for medical use or otherwise. Neither MJ MD Newport Beach nor its Licensed Health Care Providers shall procure on your behalf any cannabis or any cannabis product in any form whatsoever for your medical use or otherwise.
In order to gain access to and to use the Site, you must demonstrate to the satisfaction of MJ MD Newport Beach that you currently reside in a state, including the District of Columbia, that allows certain individuals with distinct and defined debilitating conditions or that are undergoing certain medical treatments2 to consume cannabis for medical use (“Medical Cannabis State(s)”). Only a valid, state-issued, non-expired identification card or driver’s license (collectively “Identification”) shall be sufficient to demonstrate state residency.
Upon demonstration of residency in a Medical Cannabis State through submission to MJ MD Newport Beach of your Identification, MJ MD Newport Beach shall coordinate your initial communication with a Licensed Health Care Provider of your choice who also practices in your Medical Cannabis State of residency. You shall not have any access through MJ MD Newport Beach to any Licensed Health Care Provider who does not also practice in the same Medical Cannabis State of which you are a resident.
Upon acceptance of this Agreement, you represent and warrant that you understand that there exists a conflict between federal and state law, and, as such, federal regulators may view any action by Licensed Health Care Providers to prescribe cannabis to you for your medical use as unlawful under federal law. Licensed Health Care Providers are in no way obligated to recommend to you the use of cannabis for your medical treatment. It is in the sole discretion of your Licensed Health Care Provider, through its bona fide Health Care Provider to a patient relationship with you and corresponding medical examination or series of examinations to be conducted in accordance with the applicable and governing state laws and regulations of the respective Medical Cannabis State, to determine whether cannabis would be effective as a treatment for your condition(s) (“Patient Recommendation”).
Neither MJ MD Newport Beach nor its Licensed Health Care Providers make any warranties or guarantees that the use of medical cannabis would be an effective treatment for your medical conditions. Should a Licensed Health Care Provider determine that you have a qualifying debilitating condition or that you are undergoing certain medical treatments to justify Patient Recommendation, you bear the sole responsibility of obtaining cannabis for your Qualifying Patient “debilitating conditions” and “medical treatments” are defined and governed by various state laws and regulations in each Medical Cannabis State.
At no time shall you provide cash or any form of remuneration to either MJ MD Newport Beach or to your Licensed Health Care Provider specifically or solely for making a Patient Recommendation on your behalf or in exchange for the same; while certain fees shall apply for your medical consultation with a Licensed Health Care Provider, there is no guarantee of a Patient Recommendation of any kind and all such Recommendations are solely within the professional medical judgment and discretion of the Licensed Health Care Provider.
This Site is intended for use only by persons who are at least eighteen (18) years of age; if you are under 18 years of age, your parent or legal guardian must accompany and strictly monitor your use of the Site.3 Licensed Health Care Providers will not make Patient Recommendations on behalf of any individual using the Site who is under the age of 18 unless such Recommendations are made in compliance with the laws and regulations governing Patient Recommendations to minors in the respective Medical Cannabis State(s), which may require, among other requirements and restrictions, consent on behalf of the minor by the minor’s parent or legal guardian. If such consent is required, MJ MD Newport Beach will issue consent forms to the minor’s parent or legal guardian to fully execute and return to MJ MD Newport Beach and its Licensed Health Care Providers prior to any Patient Recommendation. MJ MD Newport Beach does not seek through this website to gather personal information from or about persons under the age of 18.
MJ MD Newport Beach services are only made available to Qualifying Patients that reside in the Medical Cannabis States. The services provided through the Site vary by qualifying patient debilitating condition and/or medical treatment (such as chemotherapy or radiotherapy) as dictated by applicable state laws and regulations in the Medical Cannabis States and by the state of residence and licensure of the Qualifying Patient and Licensed Health Care Provider, with specific emphasis on providing Qualifying Patients’ information to enable them to make a selection of the appropriate Licensed Health Care Providers and corresponding medical services, and the tools to plan for services, engage remotely (as permitted in a given Medical Cannabis State), and coordinate such care, if necessary. MJ MD Newport Beach services are subject to state laws and regulations and may change from time to time due to changes in such regulatory requirements.
MJ MD Newport Beach is a corporation that makes the Site, related technology, and other administrative and management services available for Licensed Health Care Providers and their Qualifying Patients to coordinate and communicate as described in these Terms of Use and otherwise on the Site. 3 the Medical Cannabis States maintain varying laws and regulations governing a Licensed Health Care Provider’s ability to recommend cannabis for medical use to an individual under the age of 18 (“minor”). If you are a minor, your parent or legal guardian is responsible for fully understanding and complying with those laws and regulations regarding Patient Recommendations for minors in your Medical Cannabis State of residence.
MJ MD Newport Beach provides a platform for you to consult with your Licensed Health Care Provider and to obtain access to additional information regarding the use of cannabis for medical treatment, which you may or may not choose to utilize in planning your health care and wellness. The services provided through the Site are not a substitute for direct in-person health care services. The decision to focus on diagnosis, treatment recommendations, or both rests with you and your Licensed Health Care Provider, whom you select at your sole discretion. You understand that by coordinating and in certain cases consulting with a Licensed Health Care Provider through the Site, you are not entering into a doctor-patient relationship with MJ MD Newport Beach and you understand and acknowledge that MJ MD Newport Beach is neither a Licensed Health Care Provider nor a provider of cannabis for medical use.
By accepting the Terms of Use, you understand that your Licensed Health Care Provider may send you messages, reports, and emails via the Site regarding the treatment of your condition. It is your responsibility to monitor these messages, reports, and emails. You agree that you will not hold MJ MD Newport Beach liable for any loss, injury, or claims of any kind resulting from your failure to read these messages or for your failure to comply with any treatment recommendations contained in these messages.
If permitted by the respective Medical Cannabis State(s), your Licensed Health Care Provider may use the Site to provide advice or diagnosis to you. Your Licensed Health Care Provider providing such services through the Site may not have the benefit of information that would be obtained by examining you in person and observing your physical condition, in each instance. Therefore, your Licensed Health Care Provider providing services through the Site may not be aware of facts or information that would affect his or her opinion of your diagnosis. By deciding to engage the services of the Site, you acknowledge and agree that you are aware of this limitation and agree to assume the risk of this limitation. Furthermore, you agree and accept that: (i) the diagnosis you will receive is limited and provisional; (ii) the opinion is not intended to replace a full medical evaluation or an in-person visit with your Licensed Health Care Provider; (iii) your Licensed Health Care Provider providing services through the Site may not have important information that is usually obtained through a physical examination; and (iv) the absence of a physical examination may affect your Licensed Health Care Provider’s ability to diagnose your condition, disease, or injury.
In order for your Licensed Health Care Provider to determine whether your medical conditions would benefit from the use of cannabis, certain Medical Cannabis States require that you undergo an in-person, medical examination or series of examinations with your Licensed Health Care Provider. Should your Medical Cannabis State require an in-person, physical medical examination or series of examinations prior to Patient Recommendation, MJ MD Newport Beach will assist you in the coordination of an in-office visit or visits with a Licensed Health Care Provider. If you refuse or are unable to undergo such examination(s), your Licensed Health Care Provider is prohibited from making any Patient Recommendation on your behalf. You also agree that the opinion expressed by a Licensed Health Care Provider using this Site is not that of MJ MD Newport Beach and will not be used in any legal dispute against MJ MD Newport Beach, including but not limited to litigation, arbitration, claim for disability benefits, claim for worker’s compensation and/or malpractice claims.
If you consult with a Licensed Health Care Provider through the Site, you have a duty to provide appropriate real-time audio and video access (consistent with any technical and quality requirements described on the Site) to enable an appropriate evaluation and connection by your Licensed Health Care Provider. You also have a duty to provide truthful and accurate responses on any patient forms or information requests your Licensed Health Care Provider may provide through the Site.
MJ MD Newport Beach understands the importance of confidentiality and privacy regarding your health information. Please see our Privacy Policy compliance for a description of how we may collect and use your personal information. In tandem with MJ MD Newport Beach Privacy Policy, by entering into this Agreement you represent and warrant that you understand that certain health care records pertaining to any Patient Recommendation made on your behalf by your Licensed Health Care Provider may be subject to mandatory disclosure and production to relevant government authorities by either MJ MD Newport Beach or its Licensed Health Care Providers under the applicable and governing laws and regulations of your Medical Cannabis State. Specifically, by entering into this Agreement you represent and warrant that you understand that copies of your medical records stating that you have been diagnosed with a serious medical condition or are undergoing certain medical treatments for which the medical use of cannabis is an appropriate remedy may be subject to mandatory disclosure and production either MJ MD Newport Beach or its Licensed Health Care Providers to relevant government authorities under the applicable and governing laws and regulations of your Medical Cannabis State.
The professionals utilizing or featured on the Site are subscribers to and licensees of the Site and not employees or independent contractor service providers of MJ MD Newport Beach. Any opinions, advice, or information expressed by a Licensed Health Care Provider, health care facility, professional, or specialist using or featured on the Site are of the facility and professional alone. They do not reflect the opinions of MJ MD Newport Beach. MJ MD Newport Beach does not recommend or endorse any specific tests, providers, products, the use of cannabis for medical efficacy, Patient Recommendations, procedures, medications, devices, opinions, or other information that may be mentioned on the Site or by a licensee of MJ MD Newport Beach.
The inclusion of Licensed Health Care Providers on the Site or in any professional directory located on the Site does not imply recommendation or endorsement of such Licensed Health Care Provider nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any Licensed Health Care Provider contained therein.
SUCH INFORMATION IS PROVIDED ON AN “AS-IS” BASIS AND MJ MD Newport Beach DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. MJ MD Newport Beach SHALL IN NO EVENT BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY ANY PARTY (INCLUDING, WITHOUT LIMITATION, ANY SITE USER) IN RELIANCE ON INFORMATION ABOUT LICENSED HEALTH CARE PROVIDERS ON THE SITE. THE USE OF THE SITE BY ANY ENTITY OR INDIVIDUAL TO VERIFY THE CREDENTIALS OF LICENSED HEALTH CARE PROVIDERS IS PROHIBITED.
You are not obligated to register with MJ MD Newport Beach in order to access the Site. However, certain services of the Site are available only to users who have registered with MJ MD Newport Beach or other persons affiliated with MJ MD Newport Beach who have been granted accounts with usernames and passwords (“Secure Users”). If you are a Secure User, you agree to accurately maintain and update any information about yourself that you have provided to MJ MD Newport Beach.
If you do not maintain such information, or MJ MD Newport Beach has reasonable grounds to suspect as much, MJ MD Newport Beach has the right to suspend or terminate your account and your use of the Site. You may have as many active Secure User accounts on the Site as you choose at any given time, and only you may use your designated accounts to access the Site, and you may not use anyone else’s account at any time. With the exception of parents and legal guardians acting on behalf of minor Qualifying Patients in accordance with the laws and regulations of the respective Medical Cannabis State, you may not make any request for a Patient Recommendation on behalf of any other individual with an MJ MD Newport Beach account or otherwise at any time.
You also agree to promptly notify MJ MD Newport Beach of any unauthorized use of your username, password, or any other breach of security that you become aware of involving or relating to the Site by emailing MJ MD Newport Beach at support@mjmdnewportbeach.com. In addition, you agree to exit from your Secure User account at the end of each session. MJ MD Newport Beach explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section.
Our Site requires users to give us unique identifiers in order to log into many areas of the Site. We utilize these unique identifiers to verify the user’s identity and eligibility, in order to protect our members from the release of sensitive or personally identifiable information to unauthorized users. To help protect the privacy of data you transmit through the Site, where personally identifiable information is requested, we also use technology designed to encrypt the information that you input before it is sent to us using Secure Sockets Layer (SSL) technology or similar encryption technology.4 In addition, MJ MD Newport Beach takes steps to protect the user data we collect against unauthorized access.
However, you should keep in mind that the Site and our services are run on software, hardware, and networks, any component of which may, from time to time, require maintenance or experience problems or breaches of security beyond our control.
You must exercise caution, good sense, and sound judgment in using the Site. You are prohibited from violating or attempting to violate, the security of the Site. Any such violations may result in criminal and/or civil penalties against you. MJ MD Newport Beach may investigate any alleged or suspected violations and if a criminal violation is suspected whether in regards to the Site or your procurement of a Patient Recommendation, MJ MD Newport Beach will cooperate with law enforcement agencies in their investigations.
Credit Transactions As part of the services on the Site, MJ MD Newport Beach facilitates your payment of certain fees to Licensed Health Care Providers and, with the exception of cannabis in any form whatsoever, may also offer MJ MD Newport Beach products and services for your purchase from time to time through the Site, however, the only accepted form of payment on the Site is by certain major credit cards; the cash will not be accepted. When you pay by credit card, you hereby authorize MJ MD Newport Beach to bill and charge the credit card indicated in your order for any fees and any other amounts provided for in your order as the same become due and payable. In the event that your credit card expires or MJ, MD Newport Beach is otherwise unable to debit the applicable amounts from your credit card, MJ MD Newport Beach shall provide notice to you, whereupon you shall immediately furnish MJ MD Newport Beach with a valid credit card for payment. Your request for services through the Site will not be fulfilled until full payment has been received and/or verified.
Limited License and Site Access; All Rights Reserved The Site contains text, pictures, graphics, logos, button items, images, works of authorship, and other content (collectively, “Content”). We grant you a limited license to access and make personal use of the Site, but not to download (other than for page caching) or modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of the Site or the Content; any derivative use of the Site or the Content; or any use of data mining, robots, or similar data gathering and extraction tools.
This Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or proprietary information (including images, text, page layout, or form) of MJ MD Newport Beach without our express written consent. You may not use any meta-tags or any other “hidden text” containing our trademarks or service marks without our express written consent. We (or the respective third-party owners of Content) retain all right, title, and interest in the Site and any Content and features offered on the Site, including any and all intellectual property rights.
We (or the respective third-party owners of Content) reserve all rights not expressly granted herein. Any unauthorized use terminates the foregoing licenses and permissions.
Except as otherwise expressly stated, all Content appearing on the Site is the copyrighted work of MJ MD Newport Beach or its third-party content providers and is protected by the U.S. and international copyright laws. The compilation (meaning the selection, coordination, and arrangement) of the Site is also the exclusive property of MJ MD Newport Beach and is protected by the U.S. and international copyright laws. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from the Site, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of MJ MD Newport Beach or any applicable third-party suppliers.
The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by MJ MD Newport Beach. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. MJ MD Newport Beach does not warrant or represent that your use of Content or any other materials displayed on the Site will not infringe the rights of third parties. Your use of any of the Content beyond the scope of personal use may require a license from the owner of the rights to the data with respect to the use of portrait right, trademark, copyright, design right, right of utilization, or any other rights of the persons, products or landscape portrayed in the provided Content. MJ MD Newport Beach is not responsible for any claims of ownership rights to any images or data against you. You will indemnify, defend and hold harmless MJ MD Newport Beach from and against any losses or claims, by an owner of data or image rights or any third party resulting from any violation of these Terms of Use. Certain trademarks on the Site are the service marks and trademarks of MJ MD Newport Beach or its licensees.
The domain name for the Site, the MJ MD Newport Beach logo, and elements of the design of the Site are service marks, trademarks, logos, and/or trade dress of MJ MD Newport Beach. All other trademarks, service marks, trade dress, product names, company names, or logos, whether registered or not, on the Site are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from the Site without the prior written authorization of MJ MD Newport Beach.
Permission for all other uses of Content, service marks, trademarks, logos, trade dress, or other intellectual property contained herein, including reproducing and distributing multiple copies or using Content, service marks, trademarks, logos, trade dress, or other intellectual property on any other website or networked computer or linking to any page at the Site, must be obtained from MJ MD Newport Beach or the appropriate rights owner in advance; otherwise, such use is prohibited.
Requests for such authorization from MJ MD Newport Beach should be submitted via email to support@mjmdnewportbeach.com. All design rights, databases, and compilation, and other intellectual property rights associated with the Site, in each case whether registered or unregistered and related goodwill, are proprietary to MJ MD Newport Beach.
Notice and Procedure for Making Claims of Intellectual Property Infringement MJ MD Newport Beach respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and MJ MD Newport Beach asks our users to do the same. MJ MD Newport Beach, therefore, employs measures to prevent copyright and other intellectual property infringement on the Site. Pursuant to Title 17, United States Code, Section 512(c)(2), if you believe that your work has been copied in a way that constitutes copyright or other intellectual property infringement, please send a written notification of the claimed copyright or other intellectual property infringement to the following Designated Agent:
MJ MD Newport Beach
4533 Macarthur Boulevard A-2000
Newport Beach, CA 92660, United States
Tel: (619) 494-2777
Under Title 17, United States Code, Section 512(c)(3)(A), to be effective the notification must include substantially the following information:
• A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
• Identification of the copyrighted work or other intellectual property that you claim has been infringed, or if multiple copyrighted works or other intellectual property on the Site are covered by the notice, a representative list of such works;
• Identification of the material that you claim is 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 MJ MD Newport Beach to locate the material;
• Information reasonably sufficient to permit MJ MD Newport Beach to contact you, such as your name, 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 copyright or other intellectual property owner, its agent, or the law; and
• A statement by you that the notification is accurate, and under penalty of perjury, that you are the copyright or other intellectual property owner or authorized to act on the copyright or other intellectual property owner’s behalf. Do not send any inquiries unrelated to copyright or other intellectual property infringements to the contact listed above.
Ownership of Information Submitted via the Site. With the exception of any personal data or information you submit (which shall be maintained in accordance with our Privacy Policy) or other information governed by the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations and amendments from time to time (collectively, “HIPAA”), any information you transmit to MJ MD Newport Beach via the Site, whether by direct entry, submission, email or otherwise, including data, questions, comments, or suggestions, will be treated as non-confidential and non-proprietary and will become the property of MJ MD Newport Beach.
Such information may be used for any purpose, including, without limitation, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting. MJ MD Newport Beach shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to MJ MD Newport Beach via the Site or by any other means for any purpose whatsoever, including, without limitation, developing and marketing products using such information.
You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software, and communication lines required to access and use the Site, and MJ MD Newport Beach reserves the right to change the access configuration of the Site at any time without prior notice.
Prohibited Use Any use or attempted use of the Site (i) for any unlawful, unauthorized, fraudulent or malicious purpose, (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, (iii) that could interfere with any other party’s use and enjoyment of the Site, (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 MJ MD Newport Beach to be made accessible to a user, (vi) to obtain any materials, or information through any means not intentionally made available by MJ MD Newport Beach, (vii) to reverse engineer, disassemble or decompile any section or technology on the Site, or (viii) any use other than the business purpose for which it was intended, is prohibited.
In addition, in connection with your use of the Site, 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, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity; (b) create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any MJ MD Newport Beach 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 the Site’s 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 including but not limited to advertising the personal sale, cultivation, manufacture, or distribution of cannabis for medical or commercial use by you or by or for other individuals, 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, or those applicable state laws and regulations in your Medical Cannabis State of residence; (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 Site by using framing, mirroring or similar navigational technology; (l) probe, scan, test the vulnerability of or breach the authentication measures of, the Site 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 Site, or copy any content or information on the Site; or (p) assist or permit any person in engaging in any of these activities.
MJ MD Newport Beach reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a user’s access and/or account and assistance of law enforcement where necessary or when required.
MJ MD Newport Beach 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 expressly limited by the Privacy Policy, MJ MD Newport Beach reserves the right at all times to disclose any information as MJ MD Newport Beach 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 MJ MD Newport Beach sole discretion.
MJ MD Newport Beach neither actively monitors general use of the Site under normal circumstances nor exercises editorial control over the content of any third party’s website, email transmission, newsgroup, or other material created or accessible over or through the Site. However, MJ MD Newport Beach does reserve the right to monitor such use at any time as it deems appropriate and to remove any materials that, in MJ MD Newport Beach sole discretion, may be illegal, may subject MJ MD Newport Beach to liability, may violate these Terms of Use, or are, in the sole discretion of MJ MD Newport Beach, inconsistent with MJ MD Newport Beach purpose for the Site. No MJ MD Newport Beach Editorial Control of Third-Party Content; No Statement as to Accuracy To the extent that any of the Content included in the Site is provided by third-party content providers, Licensed Health Care Providers, or other Site users, MJ MD Newport Beach has no editorial control or responsibility for such Content. Therefore, any opinions, statements, products (with the exception of any cannabis or cannabis products in any form whatsoever which neither MJ MD Newport Beach nor its Licensed Health Care providers shall advertise on or provide through the Site or otherwise), services, or other information expressed or made available by professionals, third-party suppliers or users on the Site are those of such professional, third-party suppliers or users, respectively. MJ MD Newport Beach does not represent or endorse the accuracy or reliability of any opinion, statement, or other information provided by any third party, or represent or warrant that your use of the Content displayed on the Site or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with MJ MD Newport Beach.
As you view the Site, you may see links to third-party websites. These links are for convenience only. If you use these links, you will leave the Site. Certain of these linked websites may make use of MJ MD Newport Beach proprietary intellectual property rights (such as copyrights, trademarks, service marks, logos, and trade names) under license from MJ MD Newport Beach. MJ MD Newport Beach is not responsible for the availability or content, products, services, or other materials of these other websites or for any viruses or other damaging elements encountered in linking to a third-party website. In addition, providing links to these websites should not be interpreted as endorsement or approval by MJ MD Newport Beach of the organizations sponsoring such third-party websites or their products or services. MJ MD Newport Beach shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services, or other materials available on or through any such website. MJ MD Newport Beach is not responsible for the privacy practices of any other websites.
These Terms of Use do not apply to any other websites.
Your interactions with entities or individuals found on or through the Site, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such entities or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party. You are solely responsible for and will exercise caution, discretion, common sense, and judgment in, using the Site and disclosing personal information. You agree that MJ MD Newport Beach shall not be responsible or liable for any loss or damage or resulting civil or criminal legal or administrative action(s) of any sort incurred as the result of any such dealings. If there is a dispute between participants on the Site, or between users and any third party, you understand and agree that MJ MD Newport Beach is under no obligation to become involved.
In the event that you have a dispute with one or more other users, you hereby release MJ MD Newport Beach, its officers, employees, agents, and successors in interest from claims, demand, and damages (actual or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or the Site or the features and services therein. If you are a California resident, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” Termination MJ MD Newport Beach may terminate your use of the Site or any of our features or services at any time and for any reason without notice for conduct violating these Terms of Use.
MJ MD Newport Beach will terminate a user’s access to the Site and its features and services if, under appropriate circumstances, the user is determined to be a repeat infringer of third-party rights or in breach of these Terms of Use. Upon any such termination, you must destroy all Content obtained from the Site and all copies thereof. The provisions of these Terms of Use concerning Site security, prohibited activities, copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity, and jurisdictional issues shall survive any such termination.
You agree that if your use of the Site is terminated pursuant to these Terms of Use, you will not attempt to use the Site under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold MJ MD Newport Beach harmless from any and all liability that MJ MD Newport Beach may incur, therefore. Disclaimers Content and other information contained on the Site is provided by MJ MD Newport Beach as a convenience to its Users. Users relying on Content or other information from the Site do so at their own risk.
THE MJ MD Newport Beach SITE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. MJ MD Newport Beach TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE. MJ MD Newport Beach MAKES NO WARRANTY THAT THE CONTENT IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED. Limitation of Liability IN NO EVENT SHALL MJ MD Newport Beach BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, CRIMINAL CHARGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MJ MD Newport Beach ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MJ MD Newport Beach SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $1,000.5 NEITHER MJ MD Newport Beach NOR ANY THIRD PARTIES MENTIONED ON THE SITE ARE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, OR CRIMINAL ACTION AGAINST YOU CAUSED BY YOUR USE OR MISUSE OF THE SITE. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SITE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SITE. THE POSSESSION AND USE OF CANNABIS, INCLUDING FOR MEDICAL USE, REMAIN FEDERAL CRIMES AND NEITHER MJ MD Newport Beach NOR ANY OF ITS LICENSED HEALTH CARE PROVIDERS ARE LIABLE FOR ANY CRIMINAL ARREST OR PROSECUTION YOU MAY EXPERIENCE AS A RESULT OF YOUR POSSESSION, USE, CULTIVATION, MANUFACTURE, OR DISTRIBUTION OF CANNABIS FOR MEDICAL USE OR OTHERWISE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Indemnification You agree to defend, indemnify, and hold harmless MJ MD Newport Beach, its affiliates, contractors, and its directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from the Site, your use of the Site, your fraud, violation of the law, or willful misconduct, and any breach by you of these Terms of Use. NAI-1500989421v1 17 Notices Any notices to you from MJ MD Newport Beach regarding the Site or these Terms of Use will be posted on the Site or made by email or regular mail. Electronic Communications When you visit the Site or send emails to us, you are communicating with us electronically.
You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Use. Entire Agreement These Terms of Use and other policies MJ MD Newport Beach may post on the Site or that you and MJ MD Newport Beach may execute constitute the entire agreement between MJ MD Newport Beach and you in connection with your use of the Site and supersedes any prior agreements between MJ MD Newport Beach and you regarding use of the Site, including prior versions of these Terms of Use. Governing Law; Venue; Severability of Provisions This Site is controlled and operated by MJ MD Newport Beach from our offices within California, within the United States of America. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local and state laws, including those applicable and governing Medical Cannabis State laws and regulations, if and to the extent applicable. Access to the Site from jurisdictions where the Content and purpose of the Site is illegal or penalized is strictly prohibited.
By choosing to visit the Site or otherwise provide information to MJ MD Newport Beach, you agree that any dispute over your use of the Site or these Terms of Use will be governed by the laws of the State of California and the United States of America, without regard to any conflicts of law provisions. You also consent to the adjudication of any disputes arising in connection with our Site in the state courts located in San Francisco County, California. Prior to the filing of any legal action resulting from these Terms of Use, you also agree to attempt to mediate any such dispute and to abide by all limitations of liability contained herein. All parts of these Terms of Use apply to the maximum extent permitted by law. We both agree that if we cannot enforce a part of this contract as written, that part will be replaced with terms that most closely match the intent of the part we cannot enforce to the extent permitted by law. The invalidity of part of these Terms of Use will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.
No Agency Relationship Neither these Terms of Use, nor any Content, materials, or features of the Site create any partnership, joint venture, employment, or other agency relationship between us and you. You may not enter into any contract on our behalf or bind us in any way. Remedies You agree that any violation, or threatened violation, by you of these Terms of Use constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity. Contacting Us If you have any questions or concerns about these Terms of Use, please contact us at support@mjmdnewportbeach.com or at the mailing address provided. We will attempt to respond to your questions or concerns promptly after we receive them. These Terms of Use were last updated on April 22, 2016.