ESADMEDICAL.COM (ESAD) IS A WEBSITE THAT PROVIDES ADMINISTRATIVE SERVICES AS A PLATFORM DISTRIBUTION MODEL. THIS PLATFORM MODEL FACILITATES PROVIDING CERTAIN SERVICES TO THE USERS AND MAKES THEM AVAILABLE OVER THE INTERNET. ESADMEDICAL.COM IS NOT A LICENSED HEALTH CARE PROVIDER. ESADMEDICAL.COM DOES NOT PROVIDE ANY MEDICAL OR HEALTH ADVICE TO ITS USERS, NOR SHOULD ANY INFORMATION CONTAINED HEREIN BE INTERPRETED OR REGARDED AS SUCH.
ESADMEDICAL.COM (ESAD) RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO REFUSE SERVICE TO ANYONE FOR ANY REASON WHATSOEVER.
By purchasing our goods and services, you agree to our Cancellation and Refund policy.
ESAD also accepts no responsibility and makes no guaranty regarding the approval or denial of specific privileges. Submission of payment and your assessment constitutes acceptance of these and all terms set forth herein.
Content on this site is for reference purposes and is not intended to substitute for advice given by a physician, pharmacist, or other licensed health-care professional. You should not use this information as self-diagnosis or for treating a health problem or disease. Contact your health-care provider immediately if you suspect that you have a medical problem. ESAD assumes no liability for inaccuracies or misstatements about products.
Terms and Conditions
The following are the Terms and Conditions (the "Agreement") regarding the access and use of any person ("User", "Client" or "you") through an online platform which provides counseling, consulting, professional advice and any other information (collectively the "Platform"). The Platform may be provided, accessible or otherwise available via one or more websites, devices, platforms and other means, whether owned and/or operated by us or by third parties, including, without limitation, the website esadmedical.com.
Without detracting from the terms set forth herein, the Platform may be used, among other things, to facilitate (a) personal advice and information delivered specifically to you; and (b) general information and content regarding but not limited to medical marijuana certifications, which is publicly available and not transmitted to you personally.
The terms "we", "us", "our" or similar are used in this Agreement, and refer to any individual or entity that owns and operates the Platform (the "Company"), any affiliated companies and the shareholders, directors, officers, retainees, consultants, contractors, subcontractors, agents, advisors, assignees and successors of the aforementioned companies.
The Counselors and Counselor Services
WE CANNOT GUARANTY A PHYSICIAN WILL BE LOCATED IN YOUR TOWN.
The Platform enables you to communicate with a counselor, consultant, physician, practitioner, professional, expert, coach, advisor or any other individual(s), (collectively " Physician") for the purpose of obtaining counseling, information, advice or any other input, benefit or service (collectively " Physician Services").
The Physician are independent contractors and are neither retainees, agents or representatives. We assume no responsibility for any specific independent act, omission or conclusion by any Physician.
We make no representation or warranty whatsoever concerning the willingness or ability of a Physician to give particular advice or reach any specific or general conclusion.
We make no representation or warranty whatsoever as to whether you will find the Physician Services relevant, useful, correct, satisfactory or even suitable to your particular needs.
We do not exercise control regarding the quality of the Physician Services and we do not determine whether any Physician is qualified to provide any specific service, or whether a Physician is matched correctly to you.
While we may try to do so from time to time, in our sole discretion, you acknowledge that we do not represent to verify, and do not guarantee representation is regard to the skills, degrees, qualifications, licensure, certification, credentials, competence or background of any Physician. It is your responsibility to conduct independent verification regarding any Counselor that provides you with Physician Services (whether through the Platform or not) and we strongly recommend that you will conduct appropriate verification prior to communicating with any Physician through the Platform and on a ongoing basis as you may continue use the Platform.
Your relationship regarding Physician Services is strictly with the Physician. We are not involved in any way with the substance of the relationship or any part of the Physician Service (whether provided through the Platform or not), and we do not validate any of the Physician Services.
Should you make a payment through the Platform, or make any payment to us in another form, payment is made to the Physician for the Physician Services. We may charge the Physician by taking a portion of this payment for the use and operation of the Platform ("Platform Use Fees"). However, you agree that we will not be deemed as the Physician in regard to any Physician Services regardless of the form of payment.
To the extent the Website lists healthcare practitioners (“Physician”), we are merely a directory and do not certify or credential Physician and shall not be liable for certifying or credentialing Physician. We make no representations or warranties about any Physician, nor do we have any responsibility over, or for supervising, any outside clinical practice such Physician may operate. We do not screen, perform background checks, confirm the qualifications, evaluate, or endorse any Physician. The inclusion of a list of Physician on the Website does not imply recommendation, order or endorsement of such Physician nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any Physician contained therein; nor do we offer any guarantee, testimonial, endorsement, or validation of credentials of or services provided by the same.
We receive a fee from Physician for use of our platform and technology and various other services. However, this does not imply endorsement of a particular Physician.
We will not be liable for claims for negligent credentialing or negligent supervision of, or for negligence by, any such Physician. Any opinions, advice, or information expressed by any person are those of that person and do not reflect our opinions. We do not recommend or endorse any Physician that may be mentioned on the Website. We do not make any treatment decisions.
You understand that it is your responsibility to check the certification and/or licensing of any healthcare practitioner involved in your care. Our role is strictly limited to providing access to information for your consideration. You assume all risk of pursuing any course of action following receipt of information by any party. While we make efforts to verify that Physician have the background they claim they have, we cannot warrant or guarantee their accuracy. We are not liable for any loss or damages caused by your reliance on any Website Content including Physician profiles.
Use of the Platform
You agree and acknowledge that although the Physician may provide the Physician Services through the Platform, we cannot assess whether the use of the Physician, the Physician Services or the Platform is right and suitable for your particular needs or intentions. As operators of the Platform, our role is strictly limited to facilitating communication between you and a Physician and to enable provision of the Physician’s Services to you. THE PLATFORM DOES NOT INCLUDE THE PROVISION OF MEDICAL CARE, MENTAL HEALTH SERVICES, OR OTHER PROFESSIONAL SERVICES BY US. It is up to you to consider and decide whether these services are appropriate for you or not.
You agree, confirm and acknowledge that you are aware that the Physician Services facilitated by The Platform are not a complete substitute for a face-to-face examination and/or session(s) by a licensed qualified professional. You should never rely on or make health or well-being decisions which are solely based on information provided as part of the Physician Services. Furthermore, we strongly recommend that you will consider seeking advice by having an in-person appointment with a licensed and qualified professional. You agree you shall not disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified healthcare counselor, by face-to-face appointment, because of information or advice you may receive through the Platform.
You are advised to exercise a high level of care and caution in the use of the Platform and the Counselor services. THE PLATFORM IS NOT INTENDED FOR DIAGNOSIS, INCLUDING INFORMATION REGARDING WHICH DRUGS OR TREATMENT THAT MAY BE APPROPRIATE FOR YOU, AND YOU SHOULD DISREGARD ANY SUCH ADVICE IF DELIVERED THROUGH THE PLATFORM.
IF YOU ARE CONTEMPLATING SUICIDE OR IF YOU ARE CONSIDERING ANY ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS, OR IF YOU FEEL THAT YOU OR ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER (911 IN THE US) AND NOTIFY THE RELEVANT AUTHORITIES. YOU ACKNOWLEDGE, CONFIRM AND AGREE THAT THE PLATFORM IS NOT AN EMERGENCY HOTLINE AND SHALL NOT BE UTILIZED AS A SUBSTITUTE FOR EMERGENCY SERVICES OR HEALTH CARE.
The Platform may contain other content not authored by us, including but not limited to products or services which are offered or provided by third parties ("Third Party Content"), links to Third Party Content (including but not limited to links to other websites) or advertisements which are related to Third Party Content. You confirm and acknowledge that we have no responsibility over any such Third Party Content, including (but not limited to) any related products, practices, terms or policies, and that we will not be liable for any damage or loss caused by the use or reliance upon any Third Party Content.
Further Disclaimer of Warranty
YOU HEREBY RELEASE US AND AGREE TO HOLD US HARMLESS FROM ANY AND ALL CAUSES OF ACTION, IN LAW AND IN EQUITY, AND CLAIMS OF ANY TYPE RESULTING FROM THE PROVIDER SERVICES OR THE PLATFORM, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR SERVICE OF ANY MENTAL HEALTH PROFESSIONAL OR ANY OTHER PROVIDER IN A FIELD REQUIRING LICENSURE AND/OR CERTIFICATION, WHO MAY BE ACCESSED THROUGH THE PLATFORM.
YOU AGREE, CONFIRM AND ACKNOWLEDGE THAT WE DO NOT REVIEW, RECOMMEND, ENDORSE, EVALUATE, OR PROVIDE ANY GUARANTEE, REPRESENTATION OR WARRANTY, AND SPECIFICALLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO (A) ANY PROVIDER; (B) ANY INFORMATION ABOUT ANY PROVIDER INCLUDING WITHOUT LIMITATION ANY PARTICULAR QUALIFICATIONS, EXPERTISE, CLAIMS, OR BACKGROUND OF ANY PROVIDER; (C) THE PROVIDER SERVICES (WHETHER THROUGH THE PLATFORM OR NOT) INCLUDING WITHOUT LIMITATION ANY OPINION, RESPONSE, ADVICE, RECOMMENDATION, INFORMATION OR ANY OTHER CONTENT WRITTEN OR SAID BY A PROVIDER; (D) THE CONTENT AND THE SUBSTANCE WHICH ARE PART OF THE PROVIDER SERVICES; (E) ANY OTHER CONTENT OR INFORMATION POSTED ON THE PLATFORM OR THROUGH THE PLATFORM; (F) THE VALIDITY, ACCURACY, AVAILABILITY, COMPLETENESS, SAFETY, LEGALITY, SECURITY, PRIVACY, QUALITY OR APPLICABILITY OF THE PLATFORM AND THE PROVIDER SERVICES.
YOU AGREE, CONFIRM AND ACKNOWLEDGE THAT THE PLATFORM IS PROVIDED "AS IS" AND THEREFORE YOU AGREE YOU ARE BARRED FROM ANY CLAIM OR DEMAND AGAINST US WHATSOEVER IN REGARDS TO SERVICES OBTAINED VIA THE PLATFORM AND YOU AGREE THAT THE USE OF THE PLATFORM IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT OF THE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, NON-INFRINGEMENT, SECURITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY.
CONSULTATION WITH A PROVIDER FACILITATED VIA THE PLATFORM CANNOT AND DOES NOT REPLACE A FACE TO FACE MEETING WITH A LICENSED HEALTH CARE PROFESSIONAL. YOU ARE ENCOURAGED TO VERIFY THE INFORMATION PROVIDED BY THE PROVIDERS. RELIANCE ON INFORMATION BY THE PROVIDERS IS DONE AT YOUR SOLE RISK.
WE DO NOT ASSUME, NOR WILL THE PLATFORM BE LIABLE FOR: (A) THE ACCURACY OR AVAILABILITY OF THE PLATFORM OR ANY PART OF THE PLATFORM; OR (B) ANY DAMAGES, HARM OR INJURY ARISING FROM OR RELATED TO THE PLATFORM, THE PROVIDERS OR PROVIDER SERVICES.
In the event of a dispute regarding any transaction conducted via the Platform, you hereby relieve us from all manner of actions, claims or demands and from any and all losses (direct, indirect, incidental or consequential), damages, costs or expenses, including, without limitation, court costs and attorneys' fees, which you may have against one or more of the above, including damages which may be provided for via state or Federal law and which cannot otherwise be waived but for this agreement.
Limitation of Liability
NOTWITHSTANDING OTHER TERMS, PROVISIONS AND LIMITATIONS SET FORTH HEREIN, YOU AGREE, CONFIRM AND ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES.
YOU FURTHER AGREE, CONFIRM AND ACKNOWLEDGE THAT IN THE EVENT THAT A COURT OF COMPETENT JURISDICTION SHOULD FIND US LIABLE FOR DAMAGES DESPITE DISCLAIMERS THAT YOU HAVE AGREED TO, THAT OUR AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE PLATFORM SHALL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU THROUGH THE PLATFORM IN THE 3 MONTHS PERIOD PRIOR TO THE DATE OF THE CLAIM.
WE EXPLICITLY DISCLAIM ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION MADE BY A PROVIDER, WHETHER RELATING TO THE PROVIDER SERVICES OR NOT, IN CONNECTION WITH YOUR PAYMENT FOR THE PROVIDER SERVICES OR OTHERWISE. YOU AGREE, CONFIRM AND ACKNOWLEDGE TO INDEMNIFY, DEFEND AND HOLD US HARMLESS WITH RESPECT TO ANY SUCH CLAIM.
If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed as modified solely to the extent necessary to comply with applicable law.
This section (limitation of liability) shall survive the termination or expiration of this Agreement.
Your account, representations, conduct and commitments
You hereby confirm that you are at least 18 years old of age and that you are legally able to enter into a contract.
You hereby confirm and agree that all the information that you provided in or through the Platform, and the information that you have or will provide in or through the Platform at any time, is accurate, true, current and complete. Furthermore, you agree that during the term of this Agreement you are obligated to maintain and update this information, so it will continue to be accurate, current and complete.
You are responsible for maintaining the confidentiality of your password and any other security information related to your account (collectively "Account Access"). We will not be liable for any loss or damage that incurred as a result of someone else using your account, either with or without your consent and/or knowledge. We advise you to change your password frequently and to take extra care in safeguarding your password. You agree to notify us immediately of any unauthorized use of your Account Access or any other concern for breach of your account security.
You agree, confirm and acknowledge that you are solely and fully liable and responsible for all activities that are made by using your Account Access. You further acknowledge and agree that we will hold you liable and responsible for any damage or loss incurred as a result of the use of your Account Access by any person whether authorized by you or not, and you agree to indemnify us for any such damage or loss. You agree not to use the account or Account Access of any other person for any reason except as may be allowed by law.
You agree and confirm that your use of the Platform, including the Physician Services, are for your own personal use only and that you are not using neither the Platform nor the Physician Services for, or behalf of any other person or organization.
You agree and commit not to directly or attempt to interfere with or disrupt any of our systems, services, servers, networks or infrastructure, or any of the Platform's systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorized access to the aforementioned.
You agree not to make any use of the Platform for the purpose of posting, sending or delivering of any of the following: (a) unsolicited email and/or advertisement or promotion of goods and services; (b) malicious software or code; (c) unlawful, harassing, invasive, abusive, threatening, vulgar, obscene, racist or potentially harmful content; (d) any content that infringes upon a third party right or any intellectual property; (e) any content that may cause damage to a third party; (f) any content which may constitute, cause or encourage a criminal action or violate any law.
You agree not to violate any local ordinance, state, federal or international law, regulation or ethical code in relation to your use of the Platform and your relationship with the Physicians and us.
If you receive any digital file from us or from a Physician, whether through the Platform or not, you agree to check and scan this file for any virus or malicious software prior to opening or using this file.
You will indemnify us, defend us, and hold us harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable attorneys' fees and expenses) arising out of or relating to any of the following: (a) your access to or use of the Platform; (b) any actions made with your account or Account Access whether by you or by someone else; (c) your violation of any of the provisions of this Agreement; (d) non-payment for any of the services (including Physician Services) which were provided through the Platform; (e) your violation of any third party right, including ,without limitation, any intellectual property right, publicity, confidentiality, property or privacy right. This clause shall survive expiration or termination of this Agreement.
Modifications, Termination, Interruption and Disruptions to the Platform
You agree, confirm and acknowledge that we may modify, suspend, disrupt or discontinue the Platform, any part of the Platform or the use of the Platform, whether to all clients or to you specifically, at any time with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that may be caused by any of the aforementioned actions. We may terminate or prohibit your use of the Platform and any services provided by through the Platform (including but not limited to Physician Services) at our sole discretion for any reason and for any period of time.
The Platform depends on various factors such as software, hardware and tools, either our own or those owned and/or operated by our contractors and suppliers, all of which may be subject to unforeseen disruption, security breaches and errors. We do not guarantee that the Platform will function without interruption or that it will be secure, consistent, timely, or error-free nor shall we be liable for same.
We may provide notices or other communications to you regarding this agreement or any aspect of the Platform, by email to the email address that we have on record, by regular mail or by posting it online. The date of receipt shall be deemed the date on which such notice is given. Except as otherwise provided or required by law, Notices sent to us must be delivered by email to [email protected]
Important notes about our Agreement
This Agreement and our relationship with you shall both be interpreted solely in accordance with the laws of the State of Florida excluding any rules governing choice of laws.
You irrevocably agree that the venue for any action or proceeding arising out of relating to this Agreement or our relationship with you, regardless of theory, location of parties or any other diversity of jurisdiction argument, shall be the U.S. District Court for the Southern District of Florida or the State Courts located in Palm Beach County in Florida. You irrevocably consent to the personal jurisdiction of the aforementioned courts and hereby waive any objection to the exercise of jurisdiction by the aforementioned courts.
THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND US. YOU CONFIRM THAT YOU HAVE NOT RELIED UPON ANY PROMISES OR REPRESENTATIONS BY US EXCEPT AS SET FORTH IN THIS AGREEMENT, AS ANY ORAL AGREEMENTS OR PROMISES, NOT SET FORTH IN THIS AGREEMENT SHALL BE NON-BINDING.
We may change this Agreement by posting modifications on the Platform. Unless otherwise specified by us, all modifications shall be effective upon posting. Therefore, you are encouraged to check the terms of this Agreement frequently. The last update date of this Agreement is posted at the bottom of the Agreement. By using the Platform after the changes become effective, you agree to be bound by such changes to the Agreement. If you do not agree to the changes, you must terminate access to the Platform and participation in its services.
You agree that we may freely transfer or assign this Agreement or any of its obligations hereunder without advance notice to you.
The paragraph headings in this Agreement are solely for the sake of convenience and will not be applied in the interpretation of this Agreement.
All clauses regarding limitations of liabilities and indemnification shall survive the termination or expiration of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to state or federal law, the remaining provisions of this Agreement will remain in full force and effect.