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Subscription Agreement
This Agreement is between you (the “Subscriber”) and MD TLC, Inc. (“MD TLC”) and governs the use by Subscriber of MD TLC’s website Cosmedical Concepts (“Website”), a comprehensive online resource for aesthetic practitioners.
Section 1. Your Subscription
In return for the Subscriber’s non-refundable subscription payment, MD TLC agrees to make the Website available to Subscriber on the terms and conditions set forth below.
Section 2. Non-Refundable Subscription Fee
The subscription fee for use of the Website is $595 per year. The subscription fee is non-refundable. No refunds will be given to a Subscriber for any reason, except if MD TLC exercises its right to terminate the Website (as described in Section 7).
Section 3. Who May Use Your Subscription
Your subscription is for your own non-commercial, personal, educational use of the Website. It may not be shared, resold, subdivided or sublicensed to anyone else inside or outside of your medical practice or company.
You must select a Person ID and Password at the time you subscribe. You may not share your Personal ID or Password with others. You may not allow any other person to use your Personal ID or Password. Doing so is a violation of this agreement and is a ground for immediate termination of your subscription (without a full or partial refund of your subscription fee).
Your subscription is not transferable to, or usable by, another person, business or other entity without MD TLC’s consent.
We will use certain technologies to monitor your use of the Website to be certain it is in compliance with the terms of this Agreement. Intentional use of the Website in a manner inconsistent with this Agreement will be grounds for termination of your subscription. No full or partial refunds will be offered for subscriptions terminated for misuse of the Website and/or violation of this Agreement.
Section 4. Non-Commercial, Educational Use of Website
The contents of the Website may only be accessed, viewed or otherwise used by the Subscriber. The Subscriber is only permitted to view and/or browse the contents of this Website for noncommercial, personal, educational purposes.
Any use which is commercial and/or non-personal is strictly prohibited, and may subject Subscriber to immediate revocation of the subscription without any full or partial refund.
Section 5. No Storing or Copying of Website
The Subscriber is not permitted to store in electronic or any other form, any portion of this Website.
The contents of this Website may not be further reproduced, copied, distributed, transmitted, modified, adapted, performed, displayed (including adaptations/displays such as by “framing”), published or sold in whole or in part, without the prior written permission of MD TLC.
Access to the Website using automation programs or scripts, including but not limited to web robots, bots, wanders, crawlers, spiders or other automated means designed to systematically access or capture information on the Website, is strictly prohibited. We will use certain technologies to detect the use of these programs or scripts. Their use is a violation of this Agreement and is a ground for immediate termination of your subscription, without a full or partial refund of your subscription fee.
Section 6. Length of Your Subscription
Your Subscription is for a term of one year. The term will begin on the day you order a subscription to the Website (or the date of the official launch of the Website, which ever is later) and will continue in full force and effect until one year thereafter.
Section 7. Subscriber Responsible for Maintaining an Appropriate ISP Account
It is the Subscriber’s responsibility to maintain an account with an Internet service provider which permits the Subscriber to gain access to the Internet.
Section 7. Termination of Your Subscription
You may terminate your subscription upon 30 days notice. You will not be entitled to any refund of the subscription fee upon termination.
MD TLC may terminate the subscription immediately for cause. MD TLC may also terminate the subscription without cause upon 30 days notice to Subscriber and if, when the notice is given, there are less than six months remaining on Subscriber’s subscription, MD TLC shall not have any further obligation to Subscriber. If there are more than six months remaining on the Subscription, MD TLC shall refund to Subscriber a proportional amount of the Subscription Fee.
Section 8. Notices
All notices to the Subscriber pursuant to the Agreement shall be to the Subscriber’s email address provided to MD TLC. All notices to MD TLC may be to admin@mdtlc.com or to MD TLC at 422 Worcester Street, Suite 105, Wellesley Hills, MA 02481.
Section 9. Modification of Website or Subscription Service
MD TLC reserves the right to change, modify, suspend or discontinue any or all parts of the Website at any time. MD TLC reserves the right to restrict a Subscriber’s access to all or part of the Website without notice or liability.
Section 10. Copyrights
The information appearing on the Web Site is copyright protected property of MD TLC. Your use of this information is limited to you alone under the terms of this Agreement.
Section 11. Links to Third Party Sites
Hyperlinks to other Internet resources are provided on the Website for the convenience of the Subscriber. MD TLC has selected these resources as having some value and pertinence, but their content, development and maintenance are not under the direction or control of MD TLC. Thus, MD TLC has not verified the content, accuracy, opinions, expressed, and other links provided by these resources. Accessing links to third party web sites and use of or reliance upon third party materials is solely at Subscriber’s own risk and MD TLC does not accept any responsibility or liability for any loss or damage whatsoever that the Subscriber may suffer as a result.
Section 12. Privacy Policy
MD TLC recognizes the importance of protecting the privacy of its Subscribers. The Subscriber’s name, address, telephone number, email address and credit card information concerning the Subscriber will not be sold, leased, rented or provided in any manner to any person or organization, except to make authorized charges against the Subscriber’s credit card.
The Website is designed for aesthetic practitioners. Subscriptions are not offered to any person under the age of 18.
MD TLC is not responsible for any breach of its security or for the actions of any third parties that may wrongfully or unlawfully obtain any personal information about MD TLC’s Subscribers.
The privacy policy does not apply to any subpoena or any order from a court or administrative agency that requires MD TLC to disclose personal information about its Subscribers.
Section 13. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL MD TLC, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AFFILIATED COMPANIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTIAL, SPECIAL, PUNITIVEOR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE THE WEB SITE, INCLUDING WITHOUT LIMITATION USE OF OR RELATION ON INVORMATION AVAILABLE ON THE WEB SITE, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNIVATIONS, OR ANY OTHER FAILURE OF PERFORMANCE.
Section 14. Release and Indemnity
YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST MD TLC, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AFFILIATED COMPANIES FROM OR IN CONNECTION WITH YOUR USE OF THE WEB SITE. YOU ALSO AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS MD TLC, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AFFILIATED COMPANIES FROM AND AGAINST, ANY AND ALL CLAIMS O LIABILITIES INCLUDING COSTS AND ATTORNEYS FEES, ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE WEB SITE OR YOUR FAILURE TO ABIDE BY APPLICABLE LAW.
Section 15. Complete Agreement
This is the complete agreement with respect to your use of the Website. Nothing published or said elsewhere should be viewed or considered as a modification of this Agreement.
Section 16. Governing Law and Jurisdiction
This Agreement is governed by the laws of the United States and the Commonwealth of Massachusetts, without giving effect to any principles of conflicts of laws. Jurisdiction of any litigation relating in any manner to the Website or to the use thereof will be in the courts of the Commonwealth of Massachusetts.
Section 17. Misc. Provisions
If any portion of this Agreement is unenforceable for any reason, the remainder shall remain in force and effect as much as possible. Each person entering into this agreement warrants that he or she is authorized and has full authority to execute this Agreement. MD TLC may assign its rights in this Agreement so long as the assignee undertakes to provide services substantially similar to the Website. Because of the low subscription price the Subscriber may not assign his or her rights in this Agreement.