About drawMD

Welcome to drawMD. This iPad application is maintained as a service to physicians, medical students, and others involved in health care to enhance communication with patients as well as other Physicians. By using the drawMD iPad application, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you may exit this site. If you have any questions or concerns please email drawMD at support@drawmd.com.

1. Acceptance of Agreement. For the purposes of this Agreement, the terms ‘we’, ‘us’, ‘our’ and ‘drawMD’ refer to the Visible Health, Inc., its successors, partners, affiliates, subsidiaries and assigns The drawMD iPad application shall be referenced as the “Application” and the internet website drawMD.com and its successors, partners, affiliates, subsidiaries and assigns shall be referenced as the “Site”. The terms ‘You’, ‘User’ and ‘End-User’ refer to You as a user of this Application. The terms “content provider” and “content providers” refer to any company, organization, corporation, association, individual, partnership or limited liability company that supplies content to the Site or Application. You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to our Site and Application. This Agreement constitutes the entire and only agreement between us and You, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site and Application, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time from time to time by us without specific notice to You. The latest Agreement will be posted on the Site and Application, and You should review this Agreement prior to using the Site or Application. By accessing the Site or Application, You agree to be bound by the terms of the latest Agreement posted.
2. Copyright and Trademarks. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site and/or Application are protected under applicable U.S. and international copyright, trademark and other proprietary (including but not limited to intellectual property) rights. “drawMD,” and others marks are either trademarks or registered trademarks of Visible Health, Inc. Other product, company names, and content displayed on the Site and/or Application may be the trademarks or copyrights of their respective owners. Individual documents on this server may have different copyright conditions, and that will be noted in those documents. The copying, redistribution, use or publication by You of any such matters or any part of the Site and/or Application, except as allowed by this Agreement, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site or Application. The posting of information or materials on the Site or Application by drawMD does not constitute a waiver of any rights in such information and materials.
3. Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the Site or Application grants You only a limited, nonexclusive license for use solely by You for Your own personal use. Modification of the materials or use of the materials for any other purpose is a violation of the content provider’s copyright and other proprietary rights. All rights, title and interest in and to the materials on this Site and Application (including but not limited to all copyrights, trademarks, service marks, trade names and all derivative works) are owned or controlled by and shall remain at all time vested in Visible Health, Inc. or its content providers.
4. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site and/or Application at any time without notice.
5. Submissions. If You send submissions (e.g., postings to forums, message boards, applications, or contests) or creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the “Submissions”), the Submissions shall be deemed, and shall remain, the property of Visible Health, Inc. None of the Submissions shall be subject to any obligation of confidence on the part of Visible Health, Inc., and Visible Health, Inc. shall not be liable for any use or disclosure of any Submissions. You hereby represent and warrant that You have all necessary rights in and to the Submissions You provide and that all information they contain shall not infringe any proprietary or other rights of third parties, or contain any defamatory, tortuous, or otherwise unlawful information. Without limitation of the foregoing, drawMD shall exclusively own all known or hereafter existing rights to the Submissions of every kind and nature in perpetuity and you hereby assign all such rights to drawMD and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. drawMD does not endorse and has no control over the content of Submissions submitted by others to the Site and/or Application. Submissions submitted to the Site and/or Application are not necessarily reviewed by drawMD prior to posting and do not necessarily reflect the opinions or policies of drawMD. drawMD makes no warranties, express or implied, as to the content of the Submissions on the Site and Application or the accuracy and reliability of any Submissions and other materials on the Site and Application. Nonetheless, Visible Health, Inc. reserves the right to prevent You from contributing Submissions to the Site and to edit, change and/or remove such Submissions for any reason whatsoever without prior notice.
6. Indemnification. You agreed to defend, indemnify and hold harmless Visible Health, Inc., its affiliates and their respective directors, officers, employees and agents (collectively, “Affiliated Parties”) from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees and costs) arising out of or accruing from: (a) any material posted or otherwise provided by You that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy; (b) any misrepresentation made by You in connection with Your use of the Site and/or Application; (c) any non-compliance by You with the terms and conditions of this Agreement; and (d) claims regarding any liability, loss, claim and/or expense arising from or related to Your access and use of the Site and/or Application, including information obtained through the Site and/or Application. Notwithstanding the foregoing, drawMD reserves the right to assume at Your expense the exclusive defense and control of any matter subject to indemnification by You, in which event You will fully cooperate with drawMD in asserting any available defenses.
7. Nontransferable. Your right to use the Site and/or Application is not transferable. Any password or right given to You to obtain information or documents is not transferable.
8. Minor. If You have agreed to allow Your minor child, or a child for whom You are legal guardian (a “Minor”), to use this Site and/or Application, You agree that You shall be solely responsible for: (a) the online conduct of such Minor; (b) monitoring such Minor’s access to and use of the Site and/or Application; and (c) the consequences of any use of the Site and/or Application by such Minor.
9. Third-Party Services. . We allow access to or advertise third-party merchant sites (“Merchants”) from which You may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between You and Merchants. YOU AGREE THAT USE OF SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESS, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DAMAGES (DIRECT OR INDIRECT) ARISING FROM ANY TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE. To the extent desired, You shall perform all reasonable inquiries into the quality, sufficiency, legality, fitness, and ability of the Merchant goods/services to meet Your needs. Merchant has no power to bind drawMD in any way, including but not limited to issues regarding warranties, adequacy of goods, and all other concerns.
10. Third-Party Merchant Policies. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to You while on such sites. We are not responsible for information provided by You to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
11. Links to Other Websites. The Site and Application contain links to other websites. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites may not be investigated, monitored or checked for accuracy or completeness by us on an ongoing basis. Inclusion of any linked website on our Site does not imply approval or endorsement of the linked website by us. If You decide to leave our Site or Application and access these third-party sites, You do so at Your own risk.
12. Child Online Protection Act Notification. Pursuant to 47 U.S.C. Section 230 (d) as amended, we hereby notify You that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist You in limiting access to material that is harmful to minors.
13. Applicable Law and Dispute Resolution. This Agreement shall be governed by, construed and enforced in accordance with the internal laws of the State of Texas, without giving effect to principles and provisions thereof relating to conflict or choice of laws irrespective of the fact that any one of the parties is now or may become a resident of a different state. Venue for any action under this Agreement shall lie only in Austin, Texas. The parties hereby consent to personal jurisdiction over them by the courts within Austin, Texas. The parties waive all objection and challenge to such venue and personal jurisdiction. In the event of a dispute hereunder, the prevailing party shall be entitled to recover its costs and expenses incurred, including reasonable attorneys’ fees.
14. Disclaimer and Limits. The information on this Site is provided “AS IS” for informational purposes only. It may include certain information, reference guides, videos, and databases intended for use by licensed medical professionals. These tools are not intended to give and do not give professional medical advice. Physicians and other health care providers should always exercise their own clinical judgment for any given situation. In addition, this information is not intended or recommended as a substitute for professional medical advice. Always seek the advice of Your physician or other qualified health care provider regarding any medical condition or treatment. Information on this Site and/or Application may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. drawMD may also make improvements and/or changes in the products and/or services described in this information at any time without notice.
15. You shall not transmit to the Site or Application or upload to the Site or Application any Harmful Code or use or misappropriate the data on the Site or Application for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person's information without such other person's knowledge and permission.
16. THE INFORMATION FROM OR THROUGH THE SITE AND/OR APPLICATION IS PROVIDED “AS IS,” “AS AVAILABLE,” AND DRAWMD AND THE CONTENT PROVIDERS MAKE NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, AS TO THE ACCURACY OF THE DATA FROM WHICH THE INFORMATION IS COMPILED OR THE ACCURACY OF THE INFORMATION ITSELF AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS AND SUCH BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS MAY NEVER BE CORRECTED. DRAWMD AND ITS AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
17. USERS ARE RESPONSIBLE FOR THE USE OF THE CONTENT ON THIS WEBSITE. BY USE OF THIS WEBSITE YOU ACKNOWLEDGE AND AGREE THAT THE INFORMATION ON THIS WEBSITE MAY CONTAIN INACCURACIES AND OTHER ERRORS.
18. YOU USE THIS WEBSITE AND THE MATERIAL AND INFORMATION ON THE WEBSITE AT YOUR OWN RISK. DRAWMD AND THE CONTENT PROVIDERS ARE NOT LIABLE FOR ANY DAMAGES TO DEVICES ALLEGEDLY SUSTAINED ARISING OUT OF USE OF THE WEB SITE, AND INCLUDING ANY CONSEQUENTIAL, SPECIAL, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
19. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES, WORMS OR OTHER MALICIOUS SOFTWARE CONTAINED WITHIN THE SITE IS DISCLAIMED. IN NO EVENT SHALL WE BE LIABLE UNDER ANY THEORY OF LIABILITY, WHETHER IN AN EQUITABLE, LEGAL, OR COMMON LAW ACTION ARISING HEREUNDER FOR CONTRACT, STRICT LIABILITY, INDEMNITY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, FOR DAMAGES WHICH EXCEED $10.00 AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) THAT MAY RESULT FROM USE OF, OR INABILITY TO USE OUR SITE. DRAWMD DOES NOT WARRANT OR MAKE REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, DAMAGE TO TECHNOLOGICAL DEVICES, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. YOU AND WE (ON BEHALF OF OURSELVES AND THE CONTENT PROVIDERS AND SPONSOR/ADVERTISERS) AGREE THAT YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY WE WOULD NOT PROVIDE THE WEBSITE, THE SERVICES, OR THE CONTENT TO YOU.
20. Miscellaneous. This Agreement constitutes the entire agreement between you and UrologyMatch, LLC regarding access to and use of the Site and Application and governs your use of the Site and Application, superseding and entirely replacing prior agreements (if any) between you and UrologyMatch, LLC. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Failure by UrologyMatch, LLC to enforce any right or provisions in this Agreement will not constitute a waiver of such provision, or any other provision of this Agreement. UrologyMatch, LLC will not be responsible for failures to fulfill any obligations due to causes beyond its control. In the event it should be determined that any provision of this Agreement is uncertain or ambiguous, the language in all parts of this Agreement shall be in all cases construed as a whole according to its fair meaning and not strictly construed for nor against either party.