Terms & Conditions of Use

Please Carefully Read these Terms & Conditions

TotalMed, including its subsidiaries, affiliates, and related entities (collectively, “TotalMed,” “Company,” “we,” “our,” or “us”), created the following Terms & Conditions of Use (“Terms & Conditions”) to apply to all users of our website, all digital assets contained or offered therein (“Site”), and through any offline activities (collectively, our “Services”), except as described below.

These Terms & Conditions are written in the English language, and we do not guarantee the accuracy of any translated versions. To the extent any translated versions of these Terms & Conditions conflict with the English language version, the English language version of shall control.

I. General Conditions

Please carefully read these Terms & Conditions before using our Services. By using our Services, you agree to be bound by these Terms & Conditions, and our Privacy Policy. If you do not agree to these Terms & Conditions, you must not use our Services. If you violate the Terms & Conditions, we reserve the right to deny you access to our Services, together with any and all other legal remedies.

The headings included below are intended for convenience only and will not limit or otherwise affect these Terms & Conditions.

II. Non-Exclusive, Non-Transferable Right to Use our Services

We grant you a limited, revocable, non-exclusive, non-transferable right to review, interact with, and in some instances print, content from our Services for your personal and educational purposes, as long as they do not violate any aspect of these Terms & Conditions or applicable law, including our intellectual property and other proprietary rights in and to our Services or the intellectual property rights of another party. We reserve the right to terminate or limit your access to our Services and/or the licenses granted herein for any reason (or no reason) and in our sole discretion.

We reserve the right to, at any time, temporarily or permanently, modify or discontinue any features associated with our Services, with or without notice and for any reason, including for performing maintenance, repairs, or upgrades. We (and our licensors) remain the sole owner of all rights, title, and interest in our Services. We will not be liable if for any reason all or any part of our Services are unavailable at any time or for any period.

III. User Accounts

A. Account Registration

You must be eighteen (18) years of age or older to use our Services and purchase any services. Any offers of sale are only intended for individuals who are eighteen (18) years of age or older. By using our Services or purchasing services, you affirm that you are eighteen (18) years of age or older.

You agree to provide accurate, current, and complete information during the registration process (“Registration Information”), and you agree to update the Registration Information to ensure it is current. TotalMed reserves the right to revoke your registration, without notice, in the event you breach any part of these Terms & Conditions.

B. Passwords

Upon registration of our Services, you will select a password to access your account. You are responsible for maintaining the confidentiality of your password and for all of your activities and those of any third party that occur through your account, whether or not authorized by you. You agree to immediately notify TotalMed of any suspected or actual unauthorized use of your account. You also agree that we will not under any circumstances be liable for any cost, loss, damages, or expenses arising out of a failure by you to maintain the security of your password.

IV. Intellectual Property

Except as set forth herein, all content, features, and functionality available through our Services, including but not limited to design, artwork, hyperlinks, text, videos, calendars, software, images, technical drawings, blog posts, podcasts, audio, images, art, code, configurations, graphics, other files, and their selection and arrangement (“Materials”) are the proprietary property of TotalMed and are protected by United States and international intellectual property and proprietary rights laws. We reserve any and all rights to the Materials. The Materials may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means in whole or in part without our prior written permission, except you may download and print Materials for non-commercial uses that are not competitive with or derogatory to us, provided that you keep all copyright or other proprietary notices intact, do not alter such Materials, and do not further reproduce, publish, or distribute such Materials. Please note that this limited consent may be revoked at any time by us and does not include consent to republish Materials on the Internet, or any Intranet or Extranet site, or to incorporate the Materials in any database or other compilation. Any other use of the Materials is strictly prohibited. You further agree that you will not systematically extract, collect, or harvest through electronic means or otherwise, any data or data fields from our Services, including but not limited to customer identities or information (as defined in our Privacy Policy).

All registered and unregistered trademarks visible or accessible through our Services are trademarks of TotalMed or licensors and may not be copied, imitated, or used in whole or in part without the prior written permission of TotalMed, or its owners. All page headers, customer graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of ours or our affiliates and may not be copied, imitated, or used in whole or in part without our prior written permission.

V. Prohibited Uses

In addition to other prohibitions as set forth in these Terms & Conditions, you are prohibited from using our Services or related content: (a) for any unlawful or fraudulent purpose, including but not limited to, the use of fraudulent credit card information; (b) to solicit others to perform or participate in any unlawful or prohibited acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others or delete the copyright or other proprietary rights notice from any content; (e) to harass, abuse, insult, harm, defame, slander, annoy, disparage, intimidate, or discriminate based upon gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information or otherwise attempt to mislead or impersonate another; (g) to collect or track the personal information of others; (h) to send advertising or promotion materials, spam, phish, pharm, pretext, spider, crawl, scrape, or facilitate the use of any malware or ransomware; (i) for any damaging, obscene or immoral purpose; (j) to interfere with or circumvent the security features of the Site (or related website, other websites, or the Internet) and/or Services, including those to prevent copying of content or that limit use; (k) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation; (l) to systematically retrieve data or other content from our Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us; (m) to make any unauthorized use of our Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses; (n) to use a buying agent or purchasing agent to make purchases on the Site; (o) to use our Services to advertise or offer to sell goods and services; (p) to engage in unauthorized framing of or linking to our Services; (q) to engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools; (r) to interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to our Services; (s) to sell or otherwise transfer your profile; (t) to use our Services as part of any effort to compete with us or otherwise use our Services and/or the content for any revenue-generating endeavor or commercial enterprise; (u) to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site; (v) to copy or adapt our Services’ software, including but not limited to, PHP, HTML, JavaScript, or other code; (w) to upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, malicious code, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any uninterrupted use and enjoyment of our Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of our Services; (x) to upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”); (y) except as may be the result of standard search engine or Internet browser usage, to launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses our Services, or to launch any unauthorized script or other software; or (z) to use our Services in any way that may be deemed a breach or violation of these Terms & Conditions or our Privacy Policy. We reserve the right to terminate your use of our Services in violation of any of these Prohibited Uses.

VI. Children’s Information

Our Services are not intended for, nor marketed to, individuals under the age of eighteen (18). You agree that you are not under eighteen (18) years of age. We do not intend to collect or process any information from any individual under the age of eighteen (18). If we become aware that an individual under the age of eighteen (18) has attempted to use our Services and/or provided us with information, we will take steps to comply with any applicable legal requirement to remove such information. Please CONTACT US if you believe that we have mistakenly or unintentionally collected information from an individual under the age of eighteen (18).

VII. Accuracy, Completeness & Timeliness of Information

Our Services may contain typographical errors, inaccuracies, or omissions that may relate to Company offerings, promotions, packages, programs, events, and materials. We do not warrant the accuracy, completeness, or usefulness of this information. We disclaim all liability and responsibility placed on such information by you, or by anyone who may be informed of any of its contents.

We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information/communications or cancel Services, if any information about our Services is inaccurate, at any time without prior notice (including after you have submitted your order, request, submission, payment, form, etc.).

We are only obligated to update, amend, or clarify information regarding our Services as required by law. No specified update or refresh data applied in our Services or on any related website should be taken to indicate that all information related to our Services or any related website has been modified or updated.

A. Links to our Services

You may not create a link to any page of our Services without our prior written consent. If you do create a link to any page of our Services, you do so at your own risk, and the exclusions and limitations set out above will apply to your use of our Services via the created link.

B. Links on our Services

Our Services might include links to third-party websites, mobile applications, or social media platforms. We are not responsible for examining or evaluating the content or accuracy of any other website, application, or platform, and we do not warrant or have any liability or responsibility regarding any third-party materials, products, or services. We are not liable for any harm or damage(s) related to the purchase or use of such third-party goods, services, resources, content, or any other transactions. Please carefully review third-party policies and practices. Claims, complaints, questions, or concerns regarding a third party should be directed to that third party.

VIII. Warranty Disclaimer and Limitation of Liability

OUR SERVICES, AND THE INFORMATION ON OR AVAILABLE THROUGH OUR SERVICES, IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITION OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE DO NOT WARRANT THAT RESULTS POTENTIALLY OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT FROM TIME TO TIME, WE MAY REMOVE OUR SERVICES FOR INDEFINITE PERIODS OF TIME OR CANCEL THEM AT ANY TIME WITHOUT NOTICE TO YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXCLUDE ALL REPRESENTATIONS AND WARRANTIES RELATING TO OUR SERVICES OR RELATED CONTENT THAT IS OR MAY BE PROVIDED BY ANY AFFILIATES OR OTHER THIRD PARTY, INCLUDING IN RELATION TO ANY INACCURACIES OR OMISSIONS IN OUR SERVICES OR OUR LITERATURE.

IN NO CASE SHALL TOTALMED, OUR EMPLOYEES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, DAMAGE CAUSED TO YOUR COMPUTER, COMPUTER SOFTWARE, SYSTEMS AND PROGRAMS, AND THE DATA THEREON, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE ARISING FROM YOUR USE OF OUR SERVICES OR IN ANY WAY RELATED TO OUR SERVICES, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY USE OF OUR SERVICES OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE IN ANY EVENT, THE AGGREGATE LIABILITY OF US AND OUR SERVICE PROVIDERS UNDER THESE TERMS & CONDITIONS SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500).

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IX. Governing Law

These Terms & Conditions and any separate agreements whereby we provide you Services shall be governed and construed in accordance with the laws of the State of Arkansas, without reference to any conflict of law rules. You agree that you will not use our Services in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

X. Severability

To the extent that any provision of these Terms & Conditions is deemed to be unlawful, void, or unenforceable, any enforceable portion of the provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and any unenforceable portion shall be deemed to be severed from these Terms & Conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions.

XI. Termination

These Terms & Conditions are effective until terminated. We may terminate this agreement at any time without notice to you and may deny you access to our Services.

XII. Indemnification

To the fullest extent permitted by law and except to the extent arising from our gross negligence or intentional misconduct, you agree to indemnify, defend, and hold harmless TotalMed and our employees, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys’ fees made by any third party due to or arising out of your breach of these Terms & Conditions or the documents they incorporate by reference, or your violation of any law or rights of a third party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with us in asserting any available defenses. You shall not settle any actions or claims on our behalf without our prior written consent.

XIII. No Third-Party Beneficiaries

There are no third-party beneficiaries to the Terms & Conditions. TotalMed has the sole right to assign its rights or delegate any of its responsibilities, under these Terms & Conditions, to an affiliate or in connection with a merger, consolidation, or reorganization for the sale of substantially all our assets.

XIV. Changes to Terms & Conditions

We reserve the right to change, modify, or amend these Terms & Conditions at any time to reflect changes in our practices and service offerings. If we modify our Terms & Conditions, such changes will be effective upon posting. It is your obligation to check our current Terms & Conditions for any changes, which will only be modified in writing. Any ambiguities in the interpretation will not be construed against the drafter.

XV. Contact Us

If you have any questions about these Terms & Conditions, please contact us at the following:

Email: contact@totalmed.com

Call us: (800) 240-2526

Write Us: TotalMed
3801 Woodland Heights, Suite 100
Little Rock, AR 72212