Last Revised: 1-Nov-24

1. Acceptance of Terms

Welcome to MedSurf LLC (“MedSurf,” “we,” “our,” or “us”). By accessing or using our websitehttps://medsurf.co and associated services (collectively, the “Platform”), you agree to comply with and be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, please do not use the Platform.

2. Modifications to Terms

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on the Platform. Your continued use of the Platform after such changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically.

3. Eligibility

By using the Platform, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are accessing the Platform on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

4. Account Registration

To access certain features of the Platform, you may be required to create an account. You agree to:

• Provide accurate, current, and complete information during registration.
• Maintain and promptly update your account information.
• Keep your password confidential and secure.
• Notify us immediately of any unauthorized use of your account.

You are solely responsible for all activities that occur under your account and assume full liability for any consequences related to the misuse of your account by you or any third party.

5. Use of the Platform

You agree to use the Platform in accordance with applicable laws and regulations. You shall not:

• Use the Platform for any unlawful purpose.
• Post or transmit any content that is defamatory, obscene, or infringing.
• Interfere with or disrupt the Platform’s operation.
• Attempt to gain unauthorized access to the Platform or its systems.

MedSurf LLC has no liability for any action you take on the Platform or for any consequences arising from your use of the Platform.

6. User Content

By submitting content to the Platform, you grant MedSurf a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, and display such content. You represent that you have the necessary rights to grant this license and that your content does not infringe on any third-party rights. MedSurf assumes no liability for any disputes or damages resulting from your posted content or interactions with other users on the Platform.

7. Intellectual Property

All content on the Platform, including text, graphics, logos, and software, is the property of MedSurf or its licensors and is protected by intellectual property laws. You may not use, reproduce, or distribute any content from the Platform without our prior written permission. MedSurf assumes no liability for third-party infringement claims or other disputes related to intellectual property on the Platform.

8. Third-Party Links

The Platform may contain links to third-party websites. These links are provided for your convenience, and MedSurf does not endorse or assume responsibility for the content or practices of any third-party sites. MedSurf LLC disclaims all liability related to your use of third-party sites or resources.

9. Disclaimer of Warranties

The Platform is provided on an “as is” and “as available” basis. MedSurf disclaims all warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement. MedSurf makes no representations or warranties of any kind regarding the availability, reliability, or accuracy of the Platform. We do not guarantee that the Platform will be uninterrupted, error-free, or secure.

You acknowledge that your use of the Platform is entirely at your own risk, and MedSurf assumes no liability for any damages or losses, including any data loss or security breaches, that may occur.

10. Limitation of Liability

To the fullest extent permitted by law, MedSurf LLC shall have no liability under any circumstances, whether in contract, tort, strict liability, or otherwise, for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenues, data, or goodwill, arising out of or in connection with your use of the Platform, even if we have been advised of the possibility of such damages.

MedSurf LLC is not liable for any damages resulting from:

• Your inability to access or use the Platform.
• Any unauthorized access to or use of our systems, servers, or databases.
• Any bugs, viruses, trojan horses, or other harmful elements transmitted to or through the Platform by any third party.
• Any actions or omissions by third-party service providers or advertisers.

Under no circumstances shall MedSurf LLC’s aggregate liability for any claims related to the Platform exceed the amount you have paid to MedSurf LLC in connection with the Platform over the past twelve (12) months or $10, whichever is less.

11. Indemnification

You agree to indemnify and hold harmless MedSurf LLC, its affiliates, officers, agents, and employees from any claim or demand, including reasonable attorneys’ fees, arising out of or related to your use of the Platform, your violation of these Terms, or your infringement of any third-party rights.

12. Termination

MedSurf reserves the right to suspend or terminate your access to the Platform at its sole discretion, without notice, for conduct that it believes violates these Terms or is harmful to other users of the Platform, MedSurf, or third parties, or for any other reason. MedSurf assumes no liability for any consequences related to such termination.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts of the State of Delaware for the resolution of any disputes.

14. Dispute Resolution

Any disputes arising out of or relating to these Terms or the Platform shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in [Insert City, Delaware], and the arbitrator’s decision may be entered in any court of competent jurisdiction. You agree to waive any right to a jury trial or to participate in a class action.

15. Miscellaneous

• Entire Agreement: These Terms constitute the entire agreement between you and MedSurf LLC regarding the use of the Platform.
• Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• Waiver: The failure of MedSurf to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

16. Contact Information

If you have any questions about these Terms, please contact us at: