PURCHASE TERMS V1.0 (LAST MODIFIED 09_20_2021)

  1. BY PLACING AN ORDER FOR SERVICES FROM THIS SERVICE PLATFORM, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.YOU MAY NOT ORDER OR OBTAIN SERVICES FROM THIS SERVICE PLATFORM IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH US, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS SERVICE PLATFORM OR ANY OF THIS SERVICE PLATFORM’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.These Purchase Terms and the Website Terms of Use and Privacy Policy (these “Terms“) apply to the purchase of all services through www.mydoctorslive.com (the “Service Platform“). These Terms are subject to change by Rossiter & Cummaro Enterprise, LLC DBA My Doctor’s Releaf and its affiliates, subsidiaries and divisions (referred to as “MDR”, “us“, “we“, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Service Platform. You should review these Terms prior to every purchase of any services that are available through this Service Platform. Your continued use of this Service Platform after the “Last Updated Date” will constitute your acceptance of and agreement to such changes. These Terms are an integral part of the Website Terms of Use and Privacy Policy that apply to the use of our Service Platform.MDR may use the Service Platform to capture your medical information and video record your use of the Service Platform services.  We will ask your permission before we do this. 
  1. Order Acceptance and Cancellation. You agree that your order is an offer to purchase, under these Terms, all services listed in your order. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
  2. Prices and Payment Terms. Payment for your MDR purchases will be charged to you as applicable on confirmation of purchase. Any unused portion of a free trial period, if offered, will be forfeited when a purchase for the service is made which is the subject of the trial or if the trial period is cancelled early.
    All prices, discounts, and promotions posted on this Service Platform are subject to change without notice. The price charged for a service will be the price in effect as identified in your shopping cart. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. We may offer from time-to-time promotions on the Service Platform 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. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before you can access our Service Platform. You represent and warrant that (i) the payment or credit card information you supply to us 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.
  3. Returns and Refunds. Orders cancelled within 24 hours of the initial placement of the order will be eligible for a full refund.We reserve the right in our sole and absolute discretion to determine the start and end of the aforementioned 24-hour period.  There are no refunds beyond the aforementioned 24-hour period.
  4. Disclaimers. The availability of services through our Service Platform does not indicate an affiliation with or endorsement of any provider, practice group, insurer, or other third-party provider. Accordingly, we do not provide any warranties whatsoever with respect to the services offered by third parties on our Service Platform.ALL SERVICES OFFERED ON THIS SERVICE PLATFORM ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF A THIRD PARTY’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
  1. Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE SUBSCRIPTIONS, AND SERVICES YOU HAVE ORDERED THROUGH OUR SERVICE PLATFORM.The limitation of liability set forth above shall: (i) only apply to the extent permitted by law and (ii) not apply to (A) liability resulting from our gross negligence or willful misconduct and (B) death or bodily injury resulting from our acts or omissions.
  1. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy located in Website Terms of Use and Privacy Policy, governs the processing of all personal data collected from you in connection with your purchase of services through the Service Platform.
  2. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
  3. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 9 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
  4. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of RCSS.
  5. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
  6. Notices.To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Service Platform. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.To Us. To give us notice under these Terms, you must contact us as follows: (i) by email to support@mydoctorsreleaf.com; or (ii) by personal delivery, overnight courier, or registered or certified mail to MDR at 170 Fitzgerald Road, Lakeland, FL 33813. We may update the email address or address for notices to us by posting a notice on the Service Platform. Notices provided by personal delivery will be effective immediately. Notices provided by email or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
  1. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
  2. Entire Agreement. Our order confirmation, these Terms, the agreement relating to any service you obtain on or through this Service Platform, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.