TERMS OF USE

These Terms of Service (“Terms”) are a LEGAL and BINDING AGREEMENT between you and HEP, LLC doing business as Pop-Doc (the “Company”). Please review these Terms fully before you access and/or use Company’s website, located at http://www.pop-doc.com (the “Website” and collectively with online applications, social media sites, and digital sites owned, operated or offered by the Company including any online or mobile website provided by Company discussed below, the “Sites”). By accessing and/or using any of Company’s Sites, you agree to be bound by these Terms. You are also bound to any additional terms, conditions and disclaimers that may be posted with respect to individual sections of any of the Sites. The additional terms and conditions include without limitation, the Company’s Privacy Policy, Electronic Bundle and eBook Disclaimer, and Return and Refund Policy.

The Company’s Sites are offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using the Sites, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements you may not access or use the Sites.

If you do not agree to these Terms, you are directed to discontinue accessing and using the Sites. Please note that this or any part of these Terms may be changed or updated by the Company from time to time without prior notice to you. Your continued access or use of the Sites after such changes or updates indicates your acceptance of these Terms as changed or updated. It is your responsibility to review these Terms regularly. These Terms were last updated on May 3, 2016.

CONTENT OF THE COMPANY’S SITES

The Sites, including their operating source codes, are owned and operated by the Company. All of the information and content that is featured, displayed, or contained on any of the Company’s Sites such as posts and narratives, software codes, and all other information in any and every format now existing or that may be created in the future, including without limitation text, graphic designs, still images, videos, audio, and multimedia (collectively, the “Content”) is owned or licensed by the Company.

The words “User Content”, as used in these Terms, refers to Content that you, or any other user of the Sites, posts, submits, or otherwise transmits to any of the Sites.

Your access to and use of the Company’s Sites, all Content and all User Content, and the marketing and sale of products and services of the Company, are also subject to all applicable laws and regulations.

If you are dissatisfied with any of the Content or User Content contained in the Company’s Sites, or with the quality of the products or services marketed and/or sold by the Company, with these Terms, or the Privacy Policy, your sole and exclusive remedy is to discontinue accessing and using the Company’s Sites immediately.

COPYRIGHT OWNERSHIP

Subject to and conditioned upon your strict compliance with all terms and conditions set forth in this Agreement, and upon your payment for an electronic Bundle or eBook (the “Bundle or eBook”), Company hereby grants to you a term-based, non-exclusive, revocable, non-transferable limited right to access and use the Bundle or eBook, subject to all of the conditions and limitations set forth in these Terms and on the Sites. You shall not allow any other person to use, access, print or copy the Bundle or eBook. The Bundle or eBook is the exclusive property of the Company and is subject to the conditions of these Terms.

The Company’s Sites, and all Content contained on the Company’s Sites, are protected by United States trademark and copyright law and other applicable laws, and are the sole and exclusive property of the Company (except as expressly identified on the Company’s Sites). All copyrights and trademarks which are not the property of the Company that are used or referred to in Company’s Sites are the property of their owners. Unless otherwise indicated therein, nothing contained in Company’s Sites shall be construed as granting any license or any other rights to any copyright, trademark, patent, or other property of the Company or any third party, whether by implication, laches, estoppel, explicit grant, or otherwise. The Content is the property of the Company. Any unauthorized use of Content or other materials on the Company’s Sites may violate applicable laws, shall be a violation of these Terms, and may violate the terms of third party websites.

You are solely responsible for any and all acts and omissions that occur during or relating to your access and/or use of the Company’s Sites. You agree not to access or use any of the Company’s Sites in any way that is unacceptable (as determined by the Company in its sole discretion) or illegal. Specifically and without limitation, you agree not to do any of the following things:

  1. Post or transmit material that may be: abusive, obscene, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious, unlawful, intended to be used for any unlawful purpose, false or misleading, actually or potentially infringing on copyrights, trademarks, patents, trade secrets or other rights of any person including the Company.
  2. Modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Sites or their source codes.
  3. Remove any copyright, trademark, or other proprietary rights notices contained in Company’s Sites, or embedded in or attached to any Content.
  4. Create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication.
  5. Post or transmit “spam,” unsolicited email or text messages, or any other unsolicited commercial communication.
  6. Express or imply that any statements you make are endorsed by the Company.
  7. “Hack” or deface any portion of any of the Company’s Sites.
  8. Interfere with, disrupt, or attempt to gain unauthorized access to other user accounts on any of the Company’s Sites or any other computer network.
  9. Post or transmit viruses, trojan horses, worms, defects, date bombs, time bombs, or other items of a destructive nature or any other malicious computer codes, scripts, applications, or programs (collectively, a “Virus”).
  10. Restrict or inhibit any other user from using or accessing any of the Company’s Sites.
  11. Engage in any other activity deemed by the Company (in its sole discretion) to be in conflict with the spirit or intent of these Terms, the Privacy Policy, or applicable laws.
  12. Reproduce, distribute, modify, sell, license, or re-post any Content on the Company Sites or computer networks, other than the Company’s Sites.
  13. Frame or mirror any portion of any of the Company’s Sites on any other website or computer network.
  14. Engage in data extraction or data-mining.
  15. Transfer or store any Content residing or exchanged over any of the Company’s Sites in any electronic network, including without limitation a peer-to-peer network, for use by more than one user.
  16. Collect or use any information about other users of any of the Company’s Sites, whether the information is personally identifiable or de-identified and aggregated with information concerning other users of the Sites.

By accessing and using any of the Company’s Sites, including any User Content that you submit to Company in connection with same, including without limitation your name, telephone number, email address, or other information, you agree as follows:

  1. You warrant that you own the right to utilize, to license, and to sublicense such User Content.
  2. None of the User Content shall be subject to any obligation (whether of confidentiality, attribution, or otherwise) on the part of the Company. The Company shall not be liable whatsoever for any use or disclosure of any such User Content.
  3. You shall maintain any and all copyright or other proprietary notices embedded in or attached to any User Content.
  4. You shall assume full and sole responsibility for any User Content that you post or communications that you make to any of the Company’s Sites.
  5. You hereby automatically and immediately assign to the Company an exclusive, royalty-free, worldwide, perpetual license to any and all User Content for any and all purposes.

COPYRIGHTS AND COPYRIGHT AGENT

Pursuant to Title 17, United States Code, Section 512, notifications of claimed copyright infringement on any of the Sites should be sent to the Company’s designated agent. If you believe that your work has been used in a way that may constitute copyright infringement, you should furnish the following information by notice to the Company’s designated agent:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on the Site;
  4. Your address, telephone number, and email address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

The Company’s designated agent for notice of claims of copyright infringement on any of the Sites is its copyright agent, who may be reached as follows:

By Mail: HEP, LLC
133 West 33rd Street, Suite 12E, New York, New York 10001

By Email: info@pop-doc.com

DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

THE SITES, AND ALL CONTENT POSTED ON ANY OF THE SITES, OR DELIVERED TO YOU FROM, THROUGH, OR VIA ANY OF THE SITES, IS PROVIDED TO YOU ON AN “AS IS” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS AND SERVICES THAT ARE MARKETED, SOLD, LICENSED AND/OR OFFERED ON OR THROUGH THE COMPANY’S SITES, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN AS EXPRESSLY PROVIDED ON THE SITES; PROVIDED THAT WITH RESPECT TO COMPANY’S ELECTRONIC BUNDLE OR eBOOKS THAT MAY BE AVAILABLE ON THE SITES, THE TERMS AND CONDITIONS OF THE COMPANY’S ELECTRONIC BUNDLE AND eBOOK DISCLAIMER SHALL APPLY THERETO. You agree that Company’s maximum liability arising from any use of any of Company’s Sites under any circumstances shall be limited to U.S. $100.00. (Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation or exclusion may not apply to you.)

IN NO EVENT WILL THE COMPANY OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE FOR SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER OR LOST OR ANTICIPATED PROFITS RELATED TO ANY INFORMATION OR CONTENT LOCATED ON, OR TRANSMITTED TO, THROUGH, OR FROM COMPANY’S SITES; OR FOR ANY PRODUCT OR SERVICE MARKETED OR SOLD ON OR THROUGH COMPANY’S SITES; OR FOR YOUR RELIANCE ON ANY INFORMATION, CONTENT OR USER CONTENT THAT IS LOCATED ON, OR TRANSMITTED TO, THROUGH, OR FROM COMPANY’S SITES, WHETHER IN AN ACTION BASED ON CONTRACT, NEGLIGENCE, TORT, EQUITY, OR ANY OTHER FORM OF RELIEF OR ACTION, OR WHETHER OR NOT ARISING OUT OF OR IN CONNECTION WITH THE USE OF INFORMATION OR CONTENT AVAILABLE FROM COMPANY’S SITES, OR WHETHER OR NOT ALLEGED TO HAVE BEEN CAUSED BY ERRORS OR OMISSIONS IN THE CONTENT OR OTHER INFORMATION CONTAINED WITHIN COMPANY’S SITES.

The Company expressly disclaims any responsibility or liability based upon or arising out of a violation of these Terms by any user of the Company’s Sites.

The Company is not responsible for any errors or omissions in postings on or submissions to Company’s Sites, including without limitation the Blog, or for any results obtained from the use of such Content, User Content or other information. Under no circumstances shall Company be liable for any loss or damage caused by your reliance on Content, User Content or other information obtained from or through Company’s Sites. Company strives to provide accurate information, but makes no claims, promises, representations, or guarantees about the accuracy, completeness, or adequacy of the Content, User Content or other information contained in or linked to or from Company’s Sites. Company therefore cannot and does not claim, promise, represent, or guarantee that any Content, User Content or other information is appropriate for any particular user.

In no event shall Company be liable for any damage to your computer hardware, software or network which may occur on account of your access to or use of the Company’s Sites, or your downloading of Content or information from the Company’s Sites, whether caused by a Virus or otherwise. Information contained on the Company’s Sites may contain technical inaccuracies or typographical errors, for which the Company expressly disclaims all liability.

The information contained on the Company’s Sites may be changed at any time without any prior notification or obligation.

THIRD PARTY CONTENT

The Company’s Sites may provide hyperlinks to other web pages, websites, links, social media sites and platforms, applications, and other resources that are available on the Internet (collectively, the “Third Party Content”). The Company has no control over any Third Party Content that you access or use via such hyperlinks; Company does not endorse any Third Party Content; the Company is not responsible for any Third Party Content or for the consequences of your access or use of any Third Party Content, or for any content, advertising, products, services, information or other materials on or available from such Third Party Content; and Company makes no covenants, warranties or representations whatsoever about any of the foregoing. All Third Party Content is provided as a convenience to our users only. The Company does not endorse or accept any responsibility for any Third Party Content or your access or use of such Third Party Content. You acknowledge and agree that the Company shall not be responsible or liable for any damage or loss caused or alleged to have been caused in connection with your use of or reliance on any Third Party Content, or any advertising, products, services, information or other materials that may be available on or through any such Third Party Content. It is your sole responsibility to take any necessary precautions to ensure that any Third Party Content that you may choose to access and use is safe, appropriate and does not contain any inaccuracies, Viruses, or other items of a destructive nature.

ABOUT THE COMPANY’S BLOG

The Company’s Website contains a Blog that is available for viewing by users of the Website. The Blog is designed to permit authorized subscribers to share their ideas and opinions. The authorized subscribers are not affiliated with the Company. You acknowledge that a large volume of information is available on the Company’s Sites, including on the Blog, and that people participating on the Sites, including on the Blog, may post articles or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, or deceptive. The Company neither endorses nor is responsible for such messages or statements, or for any opinion, advice, information, or other statement made or displayed on the Sites, including on the Blog. The Company is not responsible for any errors or omissions in postings on the Sites, including on the Blog, or for any hyperlinks to any third-party sites that are embedded in Blog posts or articles, or for any results obtained from the use of such information. Under no circumstances shall Company be liable for any loss or damage caused directly or indirectly by your reliance on information obtained through the Sites, including on the Blog.

You understand that you should not rely on information contained in the Blog that is posted by third parties. Please refer to the next section entitled “Your Physical Safety” regarding obtaining health care advice from a physician or healthcare provider who is licensed in the state in which you reside.

You understand that by accessing and using the Sites, including the Blog, you may be exposed to Content that may offend you. Your sole and exclusive remedy is to avoid such Content and to discontinue using and accessing the Sites.

Opinions, comments and other statements expressed by authorized subscribers and/or others on the Blog are theirs alone and are not opinions of Company. Content posted by authorized subscribers and/or others are the sole responsibility of such persons, and their accuracy and completeness are neither endorsed nor guaranteed by the Company.

You acknowledge that due to the immediate nature of the Internet and postings on the Sites, the Company is not required to initiate, edit, modify, censor, approve, endorse or designate specific recipients for any information posted on the Blog or any other part of the Sites. However, the Company reserves the rights to consolidate and edit for clarity any Content posted to the Sites, including on the Blog; to monitor the Sites, including the Blog; and to remove any information that Company in its sole discretion considers to be inappropriate or unlawful. The exercise of such rights shall not create any obligation for the Company to monitor or edit Content on the Sites, including on the Blog.

YOUR PHYSICAL SAFETY

The Company provides the information and content contained on the Sites, in the Bundles and the eBooks for informative purposes only. The Sites, the Blog, the Bundles and the eBooks do not provide medical advice. The Information contained therein is not and should not be construed as medical or healthcare advice. Use of the information stated on the Sites, in the Blog, in the Bundles and the eBooks or performance of the exercises detailed therein do not create a physician-patient or any other healthcare provider-patient relationship between You and the Company, its affiliates, members, managers, officers, employees, agents, successors, assigns, or legal representatives. Your use of Bundles and/or eBooks should in no way be interpreted by You as the Company providing or practicing medical or healthcare services. The exercises contained in the Sites, in the Blog, and in the Bundles and eBooks may not be suitable for You or any healthcare issues that may affect you. It is your sole responsibility to obtain the advice and care of a physician or other healthcare provider who is licensed in your state of residence before you perform any of the exercises or using the Information contained in the Bundles and/or eBooks. You are assuming all risks relating to your performing any of these exercises. If you think you may have a medical emergency, contact your physician or healthcare provider or call 911 immediately.

AUTHORIZED SUBSCRIBERS

For authorized subscribers who have registered with the Company and paid any applicable subscription fees, be advised that your continued access to and use of the Sites, including the Blog, shall automatically and immediately terminate upon your breach of the Blog requirements set forth in these Terms and/or as set forth on the Sites. In such event, you shall not be entitled, among other things, to continue to offer access to the Sites to third parties or to continue to participate in any subscriber privileges. A complete description of the privileges to which subscribers are entitled is set forth on the Website in accordance with your subscription.

CONDUCT BY USERS

All users are required to access and use Company’s Sites for lawful purposes only. You agree not to transmit to, from, through, or by means of the Company’s Sites any material that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, which encourages criminal conduct, or which may give rise to civil or criminal liability.

Conduct by any user that in the sole judgment of the Company restricts or inhibits any other user from using or enjoying the Company’s Sites shall not be permitted. The Company reserves the right in its sole discretion to refuse access to Company’s Sites to any user for any reason (including, without limitation, a belief that the user has violated these Terms, the Privacy Policy, or any applicable laws).

ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE COMPANY’S SITES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE BY A PERSON, THE COMPANY RESERVES THE RIGHT TO SEEK MONETARY DAMAGES AND ALL OTHER AVAILABLE RELIEF FROM SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company and its members, managers, officers, employees, agents, and representatives from and against all losses, expenses, damages, and costs (including reasonable attorneys’ and professionals’ fees and expenses) resulting from (1) your violation of these Terms and (2) your compliance with, or legal matters associated with or arising out of, any subpoena or legal process that relates to you. The Company reserves the right to assume, at its sole expense, the exclusive defense and control of any matter that is subject to indemnification by you. In such event, you agree to cooperate fully with the Company in asserting any available defenses and in all other respects, at the Company’s request.

TERMINATION

Your access to and use of the Company’s Sites is licensed to you, not sold. This license shall immediately and automatically terminate upon your breach of these Terms, without any requirement to give notice thereof to you. In addition, Company may terminate this license immediately at any time, at shall, and for the convenience of the Company. If you do not abide by these Terms, you are not authorized to access or use any of the Company’s Sites.

DISPUTES

Any and all disputes arising out of, under, or in connection with these Terms (including without limitation, their validity, interpretation, performance, or breach) shall be adjudicated exclusively in the United States District Court for the Southern District of New York located in New York, New York or the Supreme Court of the State of New York, County of New York. You expressly consent to the exclusive jurisdiction of such courts over you. You expressly waive any claim of forum non conveniens. You agree to reimburse Company for its reasonable legal and professional fees and expenses of instituting or defending a lawsuit against (or by) you. These Terms, and their validity and effect, shall be interpreted under and governed by the laws of New York in all respects, without regard to principles of conflicts of laws or statutes.

GENERAL PROVISIONS

These Terms, and any other rules or terms posted on any of Company’s Sites, constitute the entire agreement between you and Company, and supersede all previous written or oral agreements between Company and you. No action or inaction by Company may be construed as a waiver of these Terms or any part thereof. If any of the provisions of these Terms are held to be unenforceable by a court having competent jurisdiction, the remainder of these Terms shall continue in full force and effect.

Copyright © 2016 by HEP, LLC. All Content contained in and on HEP, LLC’s Sites is intellectual property and copyrighted materials belonging exclusively to HEP, LLC, and is protected by federal and state copyright and other laws and international laws and treaties. Any copying, republication or redistribution of the Content is prohibited. HEP, LLC enforces its copyright, trademark, and other legal rights and interests to the maximum extent permitted by law. All rights of HEP, LLC are expressly reserved.