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Terms of Use

TERMS OF USE

  1. Acceptance of Terms of Use. Thank you for visiting this website (the “Site”). Shine MD P.A. (“We,” “Our,” “Us,” and “Shine MD”) offers access to and use of the Site subject to your acceptance without modification of these terms, conditions, and notices contained herein. Please read these Terms of Use carefully before using the Site. By accessing this Site, you are accepting these Terms of Use. 

  2. Description of the Site. Our Site describes Our services broadly as lifestyle medicine consultation (“Services”). Clicking a provided link (or button) on Our Site will direct you to Our third party intermediary practice management and telehealth platform (‘Telehealth Platform Provider”) at https://gethealthie.com/ where you can make an appointment. Our intermediary will provide the platform for Our Services and you shall be bound by its terms of use and privacy policy.

  3. Electronic Signatures. By accessing the Site, you are agreeing to be bound by these Terms of Use. You agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act/action, constitutes your signature as if actually signed by you in writing. You also agree that no certification authority or other third party verification is necessary to validate your electronic signature, and the lack of such certification or third party verification will not in any way affect the enforceability of your electronic signature.

  4. Intellectual Property and Rights to Access Site.

    1. Ownership. The Site as well as any intermediary platform technology and format are protected by applicable domestic and international patent, copyright and other intellectual property and proprietary rights and laws. You shall not copy, distribute, publish, perform, modify download, transmit, transfer, sell, or license, create derivative works from or based on, publicly display, frame, link, or in any other way exploit any of the Site, in whole or in part, other than any of your own personal information (if any) that is found through the use of the Site, without the prior written permission of Shine MD.

    2. Trademark Notices. All trademarks, service marks, trade names, and logos contained in the Site are the property of their respective owners.

  5. Links to Third Party Sites. The Site may contain links to other Web Sites (“Linked Sites”) and access to third party content, products and services. These Linked Sites are not under Shine MD control and Shine MD is not responsible for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Shine MD is not responsible for webcasting or any other form of transmission received from any Linked Site. Shine MD is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Shine MD of the site or any association with its operators. You bear all risks associated with the access to, and use of, such Web sites and third party content, products and services.

  6. Third Party Intermediaries. Shine MD may employ third party companies and individuals (‘Third Party Intermediaries’) to facilitate our Service, to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used. Linked Sites to Third Party Intermediaries are outside Shine MD control and Shine MD is not responsible for the content of any Linked Site, once you leave the Site.

  7. No Unlawful or Prohibited Use. By using the Site, you represent and warrant to Shine MD that you will not use the Site in any manner that is: (a) defamatory, derogatory, degrading or harassing of another or constitutes a personal attack; (b) invades another’s privacy or includes, copies or transmits another’s confidential, sensitive or personal information; (c) promotes bigotry, racism, hatred or harm against any group or individual; (d) is obscene or not in good taste; (e) violates, infringes or promotes the violation or infringement of another’s rights, including intellectual property rights; (f) violates or promotes the violation of any applicable laws or regulations; (g) contains a solicitation of funds, goods or services, or promotes or advertises goods or services; (h) contains any viruses, Trojan horses, or other components designed to limit or harm the functionality of a computer; (i) could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site; or (j) for any purpose that is prohibited by these terms, conditions, and notices. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. We may report you to the relevant authorities and may act under the fullest extent of applicable laws if you transmit or upload content intended or designed to cause harm.

  8. Changes to Site. We reserve the right to modify, suspend, or discontinue this Site, in whole or in part, at any time, with or without notice.

  9. Disclaimer. 

    1. THIS SITE, INCLUDING WITHOUT LIMITATION, THE CONTENT AND OTHER MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THIS SITE (IF ANY) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO ALL SUCH MATERIALS ARE DISCLAIMED. NO WARRANTY IS MADE THAT THIS SITE OR ITS CONTENT OR SERVICES (IF ANY) WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. NO WARRANTY IS MADE CONCERNING THE ACCURACY OF THE INFORMATION CONTAINED ON THE SITE. NO REPRESENTATION OR WARRANTY IS MADE THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, SHINE MD DISCLAIMS ANY RESPONSIBILITY FOR ANY DAMAGE TO COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM USE OF THE SITE.

    2. IN STATES WHICH RESTRICT OR DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, THE ABOVE EXCLUSIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER THE LAW.

  10. Limitation of Liability. YOU UNDERSTAND THAT IN NO EVENT WILL SHINE MD OR ITS MANAGERS, MEMBERS, OFFICERS, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, BREACH OF STATUTORY DUTY, STRICT LIABILITY OR ANY OTHER THEORY, ARISING OUT OF: (A) YOUR USE OR INABILITY TO USE THE SITE, OR (B) YOUR RELIANCE ON ANY SERVICES OR CONTENT PROVIDED BY THE SITE; EVEN IF ANY OF SUCH PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALSO, IN NO EVENT WILL ANY OF THE ABOVE IDENTIFIED PARTIES IN THIS SECTION BE LIABLE TO YOU FOR AN AMOUNT GREATER THAN $500 (USD).IN STATES WHICH RESTRICT OR DO NOT ALLOW THE ABOVE LIMITATIONS OF LIABILITY, THE ABOVE LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER THE LAW.

  11. Security. We have implemented commercially reasonable administrative, procedural, and technical measures designed to secure Our Site. You hereby acknowledge and understand that there is inherent risk in interacting with any website, including this Site, and take full responsibility for any harm, danger or damage that ensues. 

  12. Termination/Access Restriction. 

    1. Termination. Shine MD reserves the right, at its sole discretion, to terminate or limit your access to the Site at any time, without notice. 

    2. Access Restriction. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas, U.S.A. and you hereby consent to the exclusive venue of Dallas, Texas, U.S.A. in all arbitrations or other disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms of use, including without limitation, this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Shine MD as a result of this agreement or use of the Site. Shine MD’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Shine MD’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information gathered by Shine MD with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Shine MD with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Shine MD with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 

  13. Waiver and Severability. The failure of Shine MD to exercise or enforce any rights or provisions in these Terms of Use will not constitute a waiver of such right or provision. If any part or provision of these Terms of Use is found to be unenforceable, such part or provision may be modified to make the Terms of Use as modified, legal and enforceable. The rest of the Terms of Use will not be affected.

  14. Contact Information. If You have any questions regarding these Terms of Use, please contact Shine MD at dr.maria@shinemd.net or:

Shine MD, P.A.

Attn: Maria Colon-Gonzalez, M.D. 

7017 N 10th Street, Suite N2

McAllen, TX 78504 

Terms of Use: Text
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