Welcome to LinkMD! We’re glad you’re here and we hope you enjoy our services. Please read this document carefully before proceeding. This is a legal agreement between you, a LinkMD customer (“you”, “your”, “yours”, “Customer”, or “User”) and LinkMD INC., a Delaware corporation (“LinkMD”, “we”, “us”, or “our”) (individually a “Party” and collectively the “Parties”) and governs your use of LinkMD’s platform, along with other services made available or accessed by you through the LinkMD website (the “Site”) and on the relevant Work Order (collectively, the “Services”). By creating an account with us, you agree to be bound by the terms of this End-User Licensing Agreement (“Agreement”) in its entirety. The individual creating an account with us represents and warrants that he or she has the necessary authority to bind the Customer. The Customer entity on behalf of whom the individual is creating an account represents and warrants that you are validly formed and existing under the laws of your jurisdiction of formation, that you have full power and authority to enter into this Agreement, and that you have duly authorized your agent to bind you to this Agreement.
To get started, we will create an account for you with us. To receive the Services, you must register for an account on the Site (“Account”). At any point during the Subscription Term, you may request changes in the Services through written communication or by opting to upgrade. LinkMD will then provide you with the requested services, along with the applicable Fees. You must provide accurate and complete information for your Account. Upon registration, you will be given access credentials such as a username, password, PIN, or other security code. Access to the Services will initially be limited to the number of Authorized Users, though you can request additional access at any time by reaching out to us at legal@LinkMD.ai. The term “Authorized User” refers to your employees, consultants, contractors, and agents who are permitted by you to use the Services. Access credentials should not be shared with others for the purpose of using the Services. You are responsible for maintaining the security of your account and Access Credentials, and for any actions, omissions, or breaches by your Authorized Users or anyone else using your Account or Access Credentials. It’s essential to keep your Account information updated and notify us immediately if there is any change in your eligibility to use the Services, any breach of security, or unauthorized use of your Account. If you are an Authorized User of an Account purchased by your employer or another entity, this Agreement allows that entity to provision additional services or change or limit your access to the Services at any time. It is up to that entity to inform you of any specific rules, requirements, or limitations regarding your use beyond those set forth in this Agreement. You agree to resolve any disputes related to such additional rules, requirements, or limitations directly with that entity.
“Content” means information, interfaces, utilities, forms, documentation, content, tools, features, text, graphic, images, data, or any other materials posted, generated, provided, or otherwise made available through LinkMD Services or LinkMD Website. “User Content” means any and all content submitted, linked to, or made available to the Services by you or by a third party on your behalf (including any modifications thereto made by you or your Authorized Users). You retain all of your rights to your User Content.
There may be links on the Services that let you leave the particular Service you’re accessing in order to access a linked site that is operated by a third party. LinkMD neither controls nor endorses those sites nor has LinkMD reviewed or approved the content that appears on them. LinkMD is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products, or other materials on or available from any such third-party sites. You acknowledge and agree that LinkMD is not responsible or liable, directly or indirectly, for any damages or loss caused or alleged to be caused by or in connection with the access or use of any of the links, content, goods, or services available through these third party sites.
From time to time LinkMD may offer you access to alphas, betas, limited releases, or other services or features (collectively “Beta Services”). Beta Services may have limited features, functions, data storage, data security, data retention or other limitations as determined by LinkMD. You acknowledge and agree that Beta Services may not be complete or fully functional, and may contain bugs, errors, omissions, and other problems for which LinkMD will not be responsible. Accordingly, any use of Beta Services is at your sole risk.
“Confidential Information” means all information disclosed by LinkMD to you, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. LinkMD’s Confidential Information includes the Services and Content, as well as business and marketing plans, technology and technical information, product plans and designs, source code and business processes disclosed by LinkMD. You will use a reasonable degree of care to protect Confidential Information. You will not use any Confidential Information for any purpose outside the scope of this Agreement or disclose Confidential Information to any third party. You may disclose Confidential Information to the extent compelled by law, provided you give LinkMD prior notice of the compelled disclosure (to the extent legally permitted) and reasonable assistance, at LinkMD’s cost, if LinkMD wishes to contest the disclosure.
LinkMD respects the intellectual property of others, and we ask our customers to do the same. Each Customer is responsible for ensuring that their User Content does not infringe third party’s rights or other intellectual property rights. All Content, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code contained on our Site (collectively,“Site Content”) including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Site Content, and any improvements, changes or enhancements thereto, are owned, controlled or licensed by or to LinkMD, and are protected by trade dress, copyright, patent and trademark laws, and other intellectual property rights and unfair competition laws. If you believe that LinkMD Services or any Site Content contains elements that infringe or misappropriate your copyrights or other intellectual property rights please contact the designated agent to receive notifications for LinkMD at: legal@LinkMD.ai. Please provide the following information in your notice:
(1) the name and description of intellectual property work and of the allegedly infringing work;
(2) your name, address, daytime phone number and email address;
(3) a statement that you have a good-faith belief that the use of the claimed intellectual property work is not authorized by the owner or applicable law;
(4) a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner; and
(5) your electronic or physical signature.
TO THE FULL EXTENT PERMITTED BY LAW, LinkMD IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH SERVICES AND/OR LinkMD WEBSITE, EVEN IF LinkMD HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER, THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO:
You are solely responsible for your conduct and your data related to the Services. You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your User Content, violation of this Agreement, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other rights of any person or entity. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defences.
Far far away, behind the word mountains, far from the countries Vokalia and Consonantia, there live the blind texts. Separated they live in Bookmarksgrove right at the coast
Far far away, behind the word mountains, far from the countries Vokalia and Consonantia, there live the blind texts. Separated they live in Bookmarksgrove right at the coast
Far far away, behind the word mountains, far from the countries Vokalia and Consonantia, there live the blind texts. Separated they live in Bookmarksgrove right at the coast
© LinkMD.AI. All Rights Reserved
© LinkMD Inc. All Rights Reserved
© LinkMD Inc. All Rights Reserved