the Payment Method and will not dispute charges for the Services. You acknowledge that the origination of ACH transactions to your account must comply with applicable provisions of U.S. law. In the case of an ACH transaction rejected for insufficient funds, nodMD, its agent and/or your rendering provider may at its discretion attempt to process the charge again at any time within 30 days.
You agree that ensuring and confirming all necessary payments remains your sole responsibility. nodMD shall have no responsibility for failure of the online platform to transmit payments on time, and we are not and cannot be responsible for any inaccuracy, error, delays, omission, non-performance, interruption or other failure of any data, information or message caused by flaws or other problems with the Online Service, Internet outages, network delays, interceptions of data or information, changes in third party payment processors and processing networks, bank restrictions, other similar events or conditions, or any “force majeure” events that may prevent your payment requests from being fulfilled. TO THE EXTENT THAT INABILITY TO PAY YOUR BILLS ON TIME USING THE ONLINE SERVICES CAUSES YOU TO INCUR ANY FEES OR PENALTIES, OR EXPOSES YOU TO LIABILITY OR OTHER CLAIMS BY A GOVERNMENTAL AUTHORITY OR ANY THIRD PARTY, YOU AGREE TO RELEASE nodMD AND HOLD nodMD HARMLESS FROM ANY AND ALL RESPONSIBILITY FOR SUCH INABILITY TO PAY.
Account Enrollment – To access providers using nodMD, you must first establish an individual user account (“Account”) by providing certain information. You agree that you will not create more than one Account, or create an Account for anyone other than yourself (with the exception of subaccounts established for minor children of whom you are a parent or legal guardian). You agree to provide true, accurate, current, and complete information on the Account enrollment form and to keep this information current and updated as needed. You represent and warrant that you are at least 18 years of age and possess the legal right and ability, on behalf of yourself or a minor child of whom you are a parent or legal guardian, to agree to these Terms.
Choice of Law and Forum
The Services are intended for use by residents of the United States. We do not intentionally provide access to the Services to individuals located outside the United States. You agree that your access to and use of the Services will be governed by and will be construed in accordance with the laws of Arizona without regard to principles of conflicts of laws. You agree that any claim or dispute against us arising out of or relating to the Services must be resolved by a federal district court located in Phoenix, Arizona, unless agreed upon by all parties.
You agree to indemnify, defend and hold nodMD and our parents, subsidiaries, affiliates, licensors, suppliers, and their directors, officers, affiliates, subcontractors, employees, agents, and assigns harmless from and against any and all loss, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages and liabilities related to or associated with your use of the Services and any alleged violation by you of these Terms. We reserve the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this section. In such an event, you shall provide us with such cooperation as we reasonably request.
Disclaimer of Warranties; Limitation of Liability
Your use of the Services is at your own risk. The Services are provided “as is” without warranties of any kind, either express or implied, including without limitation warranties of title, merchantability, fitness for a particular purpose, non-infringement, or other violation of rights. We do not warrant the adequacy, currency, accuracy, likely results, or completeness of the Services or any third-party sites linked to or from the Services, or that the functions provided will be uninterrupted, virus-free, or error-free. We expressly disclaim any liability for any errors or omissions in the content included in the Services or any third-party sites linked to or from the Services. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
In no event will we, or our subsidiaries, affiliates, licensors, suppliers and their directors, officers, affiliates, subcontractors, employees, agents, and assigns be liable for any direct or indirect, special, incidental, consequential or punitive damages, lost profits, or other damages whatsoever arising in connection with the use of the Services, any interruption in availability of the Services, delay in operation or transmission, computer virus, loss of data, or use, misuse, reliance, review, manipulation, or other utilization in any manner whatsoever of the Services or the data collected through the Services, even if one or more of them has been advised of the possibility of such damages or loss. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, nodMD’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree that your sole remedy for ANY claim arising out of or connected with the Services will be to cease using the Services.
You acknowledge and agree that nodMD is not engaged in the practice of medicine and that nodMD is not determining appropriate medical use of the services. nodMD, its licensors, suppliers, and all third parties who promote the services or provide you with a link to the services expressly disclaim any and all liability resulting from the delivery of healthcare via the service, including but not limited to liability for medical malpractice.