GPM’s Terms of Service

BINDING ARBITRATION: This agreement includes a binding arbitration provision and class action waiver as described in the Dispute Resolution section.

LEGAL AGREEMENT: By accessing or using the Site, you (“you” or “User”) agree to be bound by these Terms and any applicable, additional or incorporated terms referenced herein or during the process of purchasing any goods through the Site.

WEBSITE ROLE: Great Physician Market operates the Site as a business-to-consumer marketplace, including all related information, content, features, tools, products and services, in order to provide customers with a curated shopping experience.

DISCLAIMER: The contents of the Site, such as text, graphics, images, and other materials created by Great Physician Market or obtained from Great Physician Market’s licensors, and other materials contained on the Site (collectively, "Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding any medical condition or the use of a particular product to treat a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site.

If you think you may have a medical emergency, call your doctor or 911 immediately. Great Physician Market does not recommend or endorse any specific products, tests, physicians, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by or products sold by Great Physician Market, its employees, others appearing on the Site at the invitation of Great Physician Market, or other visitors to the Site is solely at your own risk.

 

1. Acceptance of Terms

These terms and conditions (the “Terms”) are entered into by and between you and Great Physician Market, LLC (“Company,” “we,” “us,” “Great Physician Market”). These Terms govern your access to and use of www.GreatPhysicianMarket.com (the “Site” or “Services”), unless other terms apply. By using the Site, you accept these Terms, which supersede any other prior agreement between the parties, and you acknowledge the applicability of the referenced Privacy Policy.

Please read the Terms carefully before you start to use the Site. If you do not want to agree to these Terms or be subject to the Privacy Policy, you must not access or use the Site.  By using the Site, you hereby represent, warrant, understand, agree to and accept these Terms in their entirety regardless of whether or not you register as a user of the Site or purchase any goods through the Site (thereby becoming a “Registered User”).


2. Description of Site; Limitations; User Responsibilities

About Our Site

Great Physician Market operates the Site, including all related information, content, features, tools, products and services in order to provide customers with a curated shopping experience. Great Physician Market is powered by Shopify, which enables us to provide the Services to end consumers (“Consumers”). The products offered through our Site are not manufactured by us (the “Products”).  The Products are manufactured and delivered by third parties (“Manufacturers”). We do not have any control over or responsibility for Product design, manufacturing, safety, delivery, exchanges, or returns.

  • Our site may use generative artificial intelligence (“AI”) technology to provide content summarization, chat assistance, and related services (“AI Services”). By using these features, you acknowledge and agree that the AI Services may process, analyze, and generate responses based on content you provide, upload or input (“AI Output”).  All content, summaries, and responses provided by these AI Services come from automated systems and should be considered informational only. AI Output may contain inaccuracies, errors, or incomplete information. You are solely responsible for reviewing, verifying, and validating any AI Output before relying on it for any purpose.

Limitations of our Site

Except where specifically set forth in these Terms:

  • We are not responsible for the conduct of any third parties, including but not limited to Manufacturers and Product shipping companies.  
  • We do not control or vet Consumer-generated content for accuracy, and we do not assume and expressly disclaim any responsibility for the accuracy or reliability of any information provided by Consumers or Manufacturers. We do not assume and expressly disclaim any liability for damage or harm that may result from the use of Products or Manufacturer information provided on our Site.
  • We do not make any representations about the quality, safety, suitability, reliability, timeliness, or accuracy of any Products.
  • We do not provide any medical, diagnostic, treatment or clinical service or engage in any conduct, such as the practice of medicine, that requires a professional license.

User Responsibilities

  • Users are solely responsible for making purchasing decisions and for conducting their own Product research.

 

3. Payments

  • We utilize a third-party payment platform for processing all purchases. All payments for Products must be made through this Great Physician Market Site and its service provider, Shopify. Great Physician Market facilitates credit card authorization but does not accept/remit payment as a principal.
  • If you purchase Products through the Site, you are solely responsible for all applicable sales taxes. All fees are disclosed at the time of purchase and may be changed with notice.
  • Payments are generally non-refundable except as expressly stated.

 

4. Eligibility to Use Site and Services

  • To use the Site, you warrant that:

You are at least 18 years old and legally reside in the U.S. or its territories.

  • You intend to use the Site solely for shopping for and purchasing Products and the use of other features that might be offered on the Site.
  • You will not use the Site, including any blogs or Consumer-generated content, for purposes of competing with Great Physician Market or to promote other products or services.

You are able to form a legally binding contract.

You will comply with all applicable laws.

Should we become aware that a User does not meet these eligibility criteria, we may take (but we are not required to take) any action we deem appropriate, including without limitation requesting additional information, performing additional screenings or verifications, or terminating the User’s access to the Site or the User’s registered account.  

 

5. Changes to Terms

We may revise and update these Terms at any time in our sole discretion. Material changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Site.

Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

 

6. Accessing the Site and Customer Account

  • We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict user access, including Registered User access, to some parts of the Site or the entire Site.
  • You are responsible for both:

Making all arrangements necessary for you to have access to the Site.

Ensuring that all persons who access the Site through your internet connection are aware of these Terms and comply with them.

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete and you agree to keep it updated. You agree that all information you provide to register with this Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Policy [LINK TO PRIVACY POLICY], and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

You agree to register under your legal name and that your account is personal.  If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

 

7. Products

We have made every effort to provide an accurate representation of the products offered through our Site. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the Site and your device settings and configuration. We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered on our Site. All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

 

8. Relationship With Shopify

Great Physician Market is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Great Physician Market. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Great Physician Market, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Great Physician Market.

 

9. Orders

When you place an order, you are making an offer to purchase. Great Physician Market reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Great Physician Market confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Great Physician Market may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made. Your purchases are subject to return or exchange solely in accordance with our Refund Policy. You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

 

10. Prices and Billing

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.

Prices posted on our Site may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made on our Site. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.


You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

 

11. Shipping and Delivery

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.

 

12. Intellectual Property Rights

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

  • These Terms permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, perform, republish, download, store, or transmit any of the material on our Site, except as follows:
  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features [LINK TO THE WEBSITE AND SOCIAL MEDIA FEATURES] with certain content, you may take such actions as are enabled by such features.

You must not:

Modify copies of any materials from this site.

  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

Scrape, scan, copy, harvest or otherwise acquire any data from the Site other than as permitted by us for the purpose of using the Site for its intended purposes.

You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

 

13. Trademarks

The Company name, trademarks, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

 

14. Reporting Claims of Copyright Infringement

  • We respect the intellectual property rights of others and take claims of copyright infringement seriously. Company will respond to claims of alleged copyright infringement that are properly brought to its attention and comply with applicable law, as set forth under the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe any materials on Company’s website infringe upon your copyright, please notify Company via its designated registered DMCA agent. In order for your complaint to be effective under the DMCA, you must provide the following information in writing:
  • Identification of the copyrighted work that you claim has been infringed or, if multiple works are claimed, a representative list of such works;
  • Identification of the material that is claimed to be infringing and where it is located on the Company website;
  • Information reasonably sufficient to permit Company to contact you, such as your email address, mailing address, and/or telephone number;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; 
  • A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the copyright owner; and

An electronic or physical signature of the copyright owner or a person authorized to act on behalf of the copyright owner.

The above information must be submitted via email or mail to the following registered DMCA agent:

DMCA Designated (Registered) Agent
Account Information
Great Physician Market, LLC
Support@greatphysicianmarket.com

 

15. Prohibited Uses

  • You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:
  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm any person, including minors, in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the content standards set out in these Terms.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site, or expose them to liability.

Additionally, you agree not to:

  • Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
  • Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
  • Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms, without our prior written consent.

Use any device, software, or routine that interferes with the proper working of the Site.

  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.

Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

Otherwise attempt to interfere with the proper working of the Site.

 

16. User Contributions

The Site may contain messaging capabilities, user profiles, and other interactive features (collectively, “Interactive Services”) that allow Users to post, submit, publish, display, or transmit to other Users or other persons (hereinafter, “post”) content or materials (including feedback, reviews, images, sounds, videos, and other communications) (collectively, “User Contributions”) on or through the Site.

All User Contributions must comply with the Content Standards set out in these Terms.

  • Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above.

All of your User Contributions do and will comply with these Terms.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site.

 

18. Feedback; Reviews

Consumers may be asked to provide feedback concerning their use of the Site and/or purchased Products. We will use any provided feedback to improve our business.

Consumers may be asked to write reviews about Great Physician Market, which may be published on the Site.

All feedback and reviews must be accurate and may not contain any discriminatory, offensive, or defamatory statements. Feedback and reviews will not be verified by us for accuracy and may be incorrect or misleading. We are not liable for the content of any feedback or reviews.

  • We own all rights in feedback and reviews, including copyrights, all of which are hereby assigned to us by Consumers.

 

19. Monitoring and Enforcement; Termination

  • We have the right, in our sole discretion, to:

Remove or refuse to post any User Contributions for any or no reason.

  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for the Company.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site or any other actions by you that we believe may violate the law.
  • Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms.

Review, edit, and delete any Content, in each case in whole or in part, that in the Company’s sole judgment violates these Terms or which we determine, in our sole discretion, might be impertinent, offensive, inappropriate, illegal, or that might violate the rights, harm, or threaten the safety of users of the Site, or others.

Opinions, advice, statements, offers, or other information or content made available on or through the Site, but not directly by the Company, are those of their respective authors. Such authors are solely responsible for such content. The Company does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site. Under no circumstances will the Company or the Released Parties (as defined below) be responsible for any loss or damage resulting from: (a) your reliance on information or other content posted on the Site or transmitted to or by any user of the Site; or (b) reviews or comments by other Consumers.

You agree that the Company has no obligation to remove any reviews or other information posted on the Site.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review all material before it is posted on the Site and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

 

20.  Content Standards

  • These content standards apply to any and all User Contributions and use of the Site. You are solely responsible for all User Contributions, and User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
  • Be likely to deceive any person.

Promote any illegal activity, or advocate, promote, or assist any unlawful act.

  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

You agree that:

  • You own your User Contributions but grant the Company a perpetual, transferable, sublicensable, worldwide, irrevocable, non-exclusive, fully-paid license to use, distribute, or display such content.

Feedback, suggestions, and ratings may be used by the Site at its discretion.

Opinions/advice expressed in user content are solely those of the user.

 

21. Reliance on Information Posted

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

This Site may include content provided by third parties, including materials provided by Manufacturers, other users, bloggers, and third-party licensors. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third party.

 

22. Changes to the Site

We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

 

23. Information About You and Your Visits to the Site

All information we collect on this Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 

24. Linking to the Site and Social Media Features

  • You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
  • This Site may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on this Site.

  • Send emails or other communications with certain content, or links to certain content, on this Site.

Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.

  • You may use these features solely as they are provided by us solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

Establish a link from any website that is not owned by you.

  • Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.

Link to any part of the Site other than the homepage.

Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

 

25. Links from the Site

If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

26. Geographic Restrictions

The owner of the Site is based in the State of New Jersey in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

27. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR PRODUCTS OBTAINED THROUGH THE SITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT, AND ANY PRODUCTS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY PRODUCTS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT FOR ANY THIRD PARTY MANUFACTUER WARRANTIES THAT MAY APPLY TO PRODUCTS. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE OR ANY PRODUCTS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY PRODUCTS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY PRODUCTS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

28. Release

By using this Site, you hereby represent, understand, and expressly agree to release and hold Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns (“Released Parties”) harmless from any claim, dispute, or controversy that may arise out of your use of the Site, any information, instruction, or advice communicated through the Site, or any use of Products.

 

29. Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE PRODUCT OR, IF YOUR CLAIM IS UNRELATED TO A PRODUCT, THE AMOUNT OF $25.00.

IN NO EVENT WILL THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, BE LIABLE TO ANY PARTY FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR OTHERWISE, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER REGISTERED USERS OF THE SITE, WHETHER ONLINE OR OFFLINE.

THE FOREGOING DO NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

In addition to the preceding paragraphs of this section and other provisions of these Terms, any advice that may be posted on the Site is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. We do not make any representation or warranty and expressly disclaim any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.

 

30. Indemnification

You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, your User Contributions, any use of the Site’s content, services, other than as expressly authorized in these Terms, or your use of any Products obtained through the Site.

 

31. Governing Law and Jurisdiction

All matters relating to the Site and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New Jesey without giving effect to any choice or conflict of law provision or rule (whether of the State of New Jersey or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal or state courts in the State of New Jersey, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your county of residence or any other relevant county. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

32. Arbitration

At Company’s sole discretion, it may require you to submit any disputes arising from these Terms or use of the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New Jersey law.

 

33. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

34. Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

 

35. Entire Agreement

The Terms constitute the sole and entire agreement between you and Great Physician Market, LLC regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

 

36. Assignment

These Terms bind your permitted successors and assigns.  You may not assign these Terms without the prior written consent of Great Physician Market. Great Physician Market may assign these Terms to a third party in its sole discretion, including but not limited to an assignment in connection with a merger, acquisition, change of control, corporate restructuring, or other type of strategic transaction.

 

37. Force Majeure

The Company is not responsible for failure or delay due to causes beyond its reasonable control.

 

38. Miscellaneous

By using the Site, you agree to allow the Company to communicate with you electronically, and you consent to electronic delivery of notices or document from the Company. You also agree to check your GreatPhysicianMarket.com account, alerts, and messages, and the e-mail account reflected on your account (which you are also required to keep updated) on a reasonably regular basis to stay apprised of important notices and information about your account.  Nothing in these Terms establishes any employment, partnership, contractor, joint venture, legal representative, or agency relationship between the parties.  Neither party shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. The invalidity, illegality or unenforceability of any term or provision of these Terms shall in no way affect the validity, legality or enforceability of any other term or provision of these Terms. Each Released Party is expressly made a third-party beneficiary of this Agreement and may enforce this Agreement directly against you. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.  These Terms remain in force even after you terminate your account or cancel any outstanding Product orders.

 

39. Contact Information

Great Physician Market, LLC
Support@greatphysicianmarket.com
1000 Haddonfield-Berlin Rd #210, Voorhees Township, NJ 08043

 

All feedback, comments, requests for technical support, and other communications relating to the Site should be directed to: Support@greatphysicianmarket.com.

This document supersedes all prior terms. Use of the Site constitutes agreement to these integrated terms.