PLEASE NOTE: THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER. BY ACCEPTING THESE TERMS, YOU AGREE TO RESOLVE ANY DISPUTES WITH BLACKDOCTOR THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS AND WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Last Updated: 9.18.2026
IMPORTANT: BlackDoctor, Inc., together with its affiliates (“BlackDoctor,” “BD,” “we,” “us,” or “our”), operates this website and associated mobile applications, email services, forums, digital tools, and other health, wellness, fitness, and lifestyle-related websites and services that are part of the BlackDoctor portfolio (collectively, the “Sites”) and the related offerings provided through or in connection with them (collectively, the “Services”).
Some of the Sites and Services may be operated or co-branded in partnership with third-party licensors, advertisers, sponsors, or healthcare institutions (“Partners”). Any reference to “we,” “us,” or “our” also includes these Partners when acting in collaboration with BlackDoctor on co-branded or jointly operated features. The Sites and Services may include, without limitation, articles, newsletters, discussion forums, community spaces, digital downloads, events, surveys, videos, audio files, mobile applications, data tools, expert content, sponsored features, and other interactive functionalities.
BD’s Services are supported by various revenue sources including, but not limited to, advertising, sponsored content, affiliate partnerships, lead generation, health provider collaborations, and native content placement. Any such funding relationships may influence the display, placement, and selection of content but do not alter our commitment to editorial integrity. Contributors, sponsors, and advertisers are clearly identified when applicable.
These Terms of Use (“Terms”), together with any documents incorporated by reference (including our Privacy Policy), govern your access to and use of any of the Sites and Services provided by BD. Please read these Terms carefully before using the Sites or Services. Each time you access or use any part of the Sites or Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms, including the mandatory arbitration clause and class action waiver described below. If you do not agree to all of these Terms, you may not access or use the Sites or Services.
Some features, tools, or parts of the Sites may be subject to additional terms and conditions. By using those specific features, you agree to be bound by the applicable additional terms, which will supplement and, in the event of a direct conflict, supersede these Terms with respect to your use of those features.
You must be at least 18 years old (or the minimum age of digital consent in your jurisdiction) and legally capable of entering into a binding contract to use the Sites or Services. Individuals under the age of 18 may not access or use the Sites or Services, and may not do so through the account or device of a parent or guardian. BD does not knowingly collect personal information from individuals under 18. If BD learns that it has collected personal information from an individual under 18, it will delete that information. Access to AI Tools is subject to the additional eligibility requirements set forth in the section titled “AI-Powered Tools and Interactive Features.” Some Services are intended only for residents of the United States, and you may not use those Services if you reside outside the U.S.
The Sites and Services operated by BD provide content relating to health, wellness, nutrition, fitness, and related topics. This content is offered solely for general informational and educational purposes and is not intended, and must not be relied upon, as a substitute for professional medical advice, diagnosis, or treatment.
YOU SHOULD NOT RELY ON ANY INFORMATION PROVIDED THROUGH THE SITES OR SERVICES AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. Always seek the advice of a physician or other qualified health care provider with any questions you may have regarding a medical condition, treatment, or symptom. Never disregard, avoid, or delay seeking medical advice or treatment from a qualified healthcare professional because of something you have read, seen, or heard on the Sites or through the Services.
Nothing made available through the Sites or Services is intended to be, and must not be taken to be, the practice of medicine, nursing, pharmacy, psychotherapy, counseling, or any other professional health care advice, diagnosis, or treatment. For purposes of this Agreement, “the practice of medicine” includes, without limitation, psychiatry, psychology, psychotherapy, nursing, nutrition and fitness counseling, pharmacy, or providing any personalized medical advice, treatment plans, instructions, or prognosis.
The foregoing applies with equal force to any interactive feature of the Services, including any simulated conversation, consultation, interview, assessment, or dialogue conducted through an AI Tool, and to any report, score, summary, or recommendation generated by an AI Tool. A simulated conversation with an AI-generated clinician, patient, or other persona is not a medical consultation, does not constitute the practice of medicine or any other licensed profession, and does not create a professional or confidential relationship of any kind. No statement made by an AI-generated persona is the statement, opinion, advice, or endorsement of BD, of any licensed professional, or of any real person.
Developments in medical and clinical research may impact the health, fitness, or nutritional topics covered on the Sites. We do not guarantee that the content on the Sites reflects the most up-to-date research or clinical guidelines. BD does not warrant the accuracy, completeness, timeliness, or reliability of any information available through the Services.
Use of the Sites and Services does not create a doctor-patient, therapist-client, or other confidential or fiduciary relationship between you and BD, its staff, contributors, or Partners. You understand and agree that your use of the Services is solely at your own risk.
BD does not recommend or endorse any specific healthcare providers, tests, products, procedures, treatments, opinions, or other information that may appear on or be referenced by the Sites or Services. Any such references are for informational purposes only. If you rely on any information provided by BD, its employees, content contributors, guests, or other users of the Services, you do so solely at your own risk.
Certain Sites and Services include interactive tools that use artificial intelligence, machine learning, large language models, and related technologies (collectively, “AI Tools”). AI Tools currently include Wellbot, an educational simulation tool for healthcare professionals, and Health on Point, a consumer tool for preparing for a healthcare visit. BD may offer additional AI Tools from time to time. Your use of any AI Tool is subject to these Terms and to any supplemental terms presented in connection with that AI Tool.
AI Tools generate simulated characters, dialogue, responses, evaluations, summaries, and reports using artificial intelligence. Any “patient,” “doctor,” “clinician,” “physician,” or other persona presented through an AI Tool is a computer-generated simulation. It is not a real person, is not a licensed healthcare professional, and is not supervised in real time by a licensed healthcare professional. No human reviews AI Tool output before it is delivered to you.
AI Tools do not diagnose medical conditions, prescribe or recommend treatment, provide medical, psychological, behavioral health, or mental health advice or treatment, or engage in the practice of medicine, nursing, psychology, psychotherapy, counseling, pharmacy, nutrition counseling, or any other licensed profession. Use of an AI Tool does not create a physician-patient, therapist-client, provider-patient, or any other professional, confidential, or fiduciary relationship between you and BD, any BD affiliate, or any contributor.
Wellbot is provided solely as a professional education and training simulation. It does not assess clinical competence, does not confer any credential or certification, does not satisfy continuing medical education, licensure, credentialing, or maintenance-of-certification requirements, and does not establish or evidence any standard of care. Health on Point is provided solely to help you organize your questions and observations in advance of a conversation with a licensed healthcare provider. It is not a diagnostic tool, a symptom checker, a triage tool, or a substitute for evaluation by a licensed provider.
Artificial intelligence systems can and do produce output that is incomplete, outdated, incorrect, internally inconsistent, fabricated, or biased. Output may differ between sessions even where the same information is provided. You should not rely on any AI Tool output as a basis for any health, treatment, medication, professional, or clinical decision, and you should independently verify any information generated by an AI Tool with a qualified licensed professional.
An AI Tool may generate an individualized report, score, summary, evaluation, or set of suggestions at the conclusion of a session (a “Generated Report”). A Generated Report is an automated educational output based solely on information you supplied during that session. It is not a medical record, a diagnosis, a clinical assessment, a treatment plan, a competency evaluation, a performance appraisal, or a professional credential. Generated Reports may not be used for credentialing, hiring, employment, promotion, discipline, licensure, insurance, or any other decision affecting any individual, and may not be submitted to any accrediting, licensing, credentialing, or regulatory body as evidence of training, competence, or compliance.
AI Tools are not monitored in real time and cannot respond to an emergency. If you are experiencing a medical emergency, call 911 or your local emergency number and seek immediate care. If you are experiencing a mental health crisis or having thoughts of harming yourself or another person, call or text 988 to reach the Suicide and Crisis Lifeline, or go to your nearest emergency department. Never disregard, avoid, or delay seeking professional advice or treatment because of anything generated by an AI Tool.
AI Tools are available only to individuals who are at least 18 years of age and located in the United States. You may not permit any person under 18 to access an AI Tool through your account or device. BD may require age verification and may deny, suspend, or terminate access to any AI Tool at its sole discretion.
Information you type, speak, upload, or otherwise submit during an AI Tool session (“Session Inputs”) is processed by BD and by third-party artificial intelligence providers in order to operate the AI Tool and generate output. Session Inputs are not User Content for purposes of these Terms, are not published or made publicly viewable by BD, and are not licensed to other users. BD’s collection, use, retention, disclosure, and deletion of Session Inputs — including whether Session Inputs are used to develop, train, fine-tune, or improve artificial intelligence models — are described in the Privacy Policy. You should not enter information identifying any other individual, and you should not enter information you do not wish to be processed as described in the Privacy Policy.
As between you and BD, BD owns all right, title, and interest in and to the AI Tools and all underlying models, prompts, personas, scenarios, scoring methodologies, rubrics, and content, and in and to all Generated Reports, subject to any rights you retain in your Session Inputs. BD grants you a personal, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use your own Generated Report for your personal, non-commercial, educational purposes only. You may not sell, license, publish, distribute, or commercially exploit any Generated Report, and you may not use any AI Tool output, Session Input, or Generated Report to develop, train, fine-tune, evaluate, or benchmark any artificial intelligence or machine learning model or system.
AI Tools are supported by advertising. Advertisements may be displayed before, during, or after a session, including while a Generated Report is being prepared. Advertisements are identified as advertising, are provided by third parties, and are separate from and not part of any AI Tool output or Generated Report. BD does not endorse any advertised product, service, provider, or treatment, and the display of an advertisement does not indicate that the advertised item is appropriate for you or is related to anything you entered during your session. [Sentence describing whether advertising selection is informed by session content to be finalized following the technical review.]
You agree not to use any AI Tool to seek or obtain a medical diagnosis or treatment advice; to input another person’s health information or personally identifiable information; to make any clinical, treatment, medication, triage, hiring, credentialing, or employment decision; to represent AI Tool output as the work, opinion, or endorsement of a licensed professional; to circumvent, disable, obscure, or manipulate any safety feature, content filter, or required disclosure; or to extract, scrape, reverse engineer, or reproduce any prompt, persona, scenario, model, or scoring methodology.
You acknowledge that your use of the AI Tools is voluntary and at your sole risk, and that you have read and understand the limitations described in this Section.
You agree to use the Sites and Services only for lawful, authorized, and intended purposes and in accordance with these Terms, all applicable local, state, national, and international laws and regulations, including, without limitation, U.S. export and re-export control laws and economic sanction laws and regulations.
You are solely responsible for your conduct while accessing or using the Sites and Services. You agree not to:
Use the Sites or Services in any manner that could disable, overburden, damage, or impair our servers or networks;
Interfere with or disrupt the use and enjoyment of the Sites or Services by others;
Attempt to gain unauthorized access to any portion of the Sites, other user accounts, or any computer systems or networks connected to BD;
Engage in any activity that could violate the rights of others, including but not limited to infringing intellectual property or privacy rights;
Use automated means (e.g., bots, spiders, scraping tools) to access or collect data from the Sites;
Use the Sites or Services to transmit any material that is defamatory, obscene, abusive, harassing, threatening, or otherwise objectionable or unlawful.
You also understand and acknowledge that:
Your use of the Internet and any communication or material you transmit to or from the Sites occurs at your own risk;
The confidentiality and security of such communications cannot be guaranteed;
BD is not responsible for the loss, misuse, or alteration of any data transmitted over the Internet;
BD reserves the right, in its sole discretion and without notice, to terminate or restrict your access to the Sites or Services at any time and for any reason, including a violation of these Terms.
You are responsible for any information you submit or upload to the Sites and for ensuring that such content does not violate any law or the rights of any third party.
All content, materials, features, and functionality available on the Sites or through the Services, including, but not limited to, text, graphics, logos, icons, images, video, audio, software, design, layout, and arrangement, are the proprietary property of BlackDoctor, Inc., its licensors, content providers, or other third parties and are protected by U.S. copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Subject to your continued compliance with these Terms, BD grants you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to access and use the Sites and Services for your own non-commercial, informational use only.
You may download or print a reasonable number of materials from the Sites solely for personal, non-commercial use, provided that:
All copyright, trademark, and other proprietary notices are retained on all copies;
You do not modify, reproduce, publicly display, perform, distribute, create derivative works from, or otherwise exploit the content for any commercial purpose;
You do not use the content in a way that suggests an association with or endorsement by BD or any third party.
Except as expressly authorized in writing by BD, you may not use any content from the Sites for resale, republication, redistribution, or any other commercial purpose.
This license is revocable at any time at BD’s sole discretion and does not include any rights not specifically granted herein.
Eligibility to access and use the Sites and Services is governed by the section titled “Eligibility” above.
You acknowledge and agree that the Sites and Services contain proprietary and confidential information protected by applicable intellectual property and other laws, and are the sole property of BD, its licensors, partners, or content providers. Unless expressly authorized by BD in writing, the Services are provided for your personal, non-commercial use only.
In connection with your access to or use of the Sites and Services, you agree that you will not:
Copy, reproduce, modify, publish, display, transmit, distribute, perform, license, create derivative works from, or sell any information, content, software, products, or services obtained from or through the Sites or Services;
Reverse engineer, reverse assemble, decompile, or attempt to discover any source code used to provide the Services;
Use any robot, spider, scraping tool, site search/retrieval application, or other automated means to crawl, scrape, harvest, extract, index, or mine data from the Sites or Services;
Use any text, code, image, video, or other content from the Services for purposes of dataset creation, text and data mining (TDM), training or fine-tuning artificial intelligence or machine learning models or systems, or for any similar process, either directly or indirectly, with or without a third party;
Use the Sites or Services via any method other than the standard interfaces provided or approved by BD;
Upload or transmit any viruses, worms, Trojan horses, corrupted files, or any other code, files, or programs that may damage, interfere with, or disrupt the Sites, Services, networks, or equipment;
Remove, alter, or obscure any copyright, trademark, or proprietary rights notices or labels on the Sites or in any materials accessed through the Services;
Violate any applicable local, state, national, or international law or regulation or use the Sites or Services in any manner that violates these Terms;
Frame or mirror any part of the Sites or Services or otherwise manipulate their appearance or functionality using embedded browser frames or similar technology;
Register, subscribe, or unsubscribe any person for any BD communications or services without their express authorization;
Use the Sites or Services in a way that could damage, disable, overburden, or impair any BD server or network or interfere with any other user’s enjoyment of the Sites or Services;
Attempt to gain unauthorized access to any portion of the Sites, Services, user accounts, or connected networks through hacking, password mining, or any other means;
Attempt to access or obtain any data, materials, or content not intentionally made available to you through the Services;
Collect or attempt to collect information about other users, including email addresses or health-related content, without their consent;
Use the Sites or Services in any way that could damage, tarnish, or misappropriate the reputation or goodwill of BD, its partners, or its contributors;
Violate any content posting rules or community guidelines issued by BD, if applicable.
WITHOUT LIMITING THE FOREGOING, COPYING, DOWNLOADING, OR REPRODUCING ANY CONTENT, CODE, OR FUNCTIONALITY FROM THE SERVICES FOR USE ON ANY OTHER WEBSITE, SERVER, OR SYSTEM INCLUDING FOR REDISTRIBUTION OR RE-POSTING IS EXPRESSLY PROHIBITED UNLESS OTHERWISE AUTHORIZED BY BD IN WRITING.
You retain ownership of content, data, text, images, video, audio, testimonials, comments, reviews, suggestions, and other materials you submit, post, upload, transmit, or otherwise make available through the Sites or Services (“User Content”). By providing User Content, you grant BD a worldwide, non-exclusive, royalty-free, fully paid, transferable, sublicensable, perpetual, and irrevocable license to use, host, store, cache, reproduce, modify, adapt, translate, create derivative works from, publish, publicly perform, publicly display, distribute, and otherwise exploit such User Content in any media now known or later developed for any lawful purpose related to the Sites or Services, including editorial, promotional, and commercial uses. To the fullest extent permitted by law, you waive any “moral rights” or similar rights you may have in the User Content.
This subsection does not apply to Session Inputs. Session Inputs submitted through an AI Tool are not User Content, are not licensed to BD under this subsection, and are governed exclusively by the section titled “AI-Powered Tools and Interactive Features” and by the Privacy Policy.
User Content may be visible to others. BD has no obligation to treat User Content as confidential, to compensate you for it, or to use it. Do not submit information you wish to keep confidential. If your User Content includes your name, image, voice, likeness, biographical information, testimonial, or social handle, you grant BD the right to use them together with the User Content.
This subsection does not apply to Session Inputs, which are not published or made publicly viewable by BD.
For User Content you make public, you grant other users a non-exclusive license to access and view such content through the Sites or Services for their personal, non-commercial use, subject to these Terms.
You represent and warrant that:
1. You have all rights, licenses, consents, and permissions necessary to grant the licenses above.
2. Your User Content is accurate and not misleading and does not contain medical, legal, or other professional advice.
3. Your User Content does not infringe, misappropriate, or violate any copyright, trademark, patent, trade secret, privacy, publicity, or other rights of any person or entity.
4. You have obtained and will maintain all required written permissions/releases for any identifiable person (including parental/guardian consent for minors) appearing or referenced in your User Content.
5. Your User Content complies with applicable laws and these Terms, including any community or posting guidelines BD may publish.
You agree not to submit User Content that:
1. Is unlawful, defamatory, libelous, harassing, threatening, hateful, discriminatory, obscene, pornographic, or otherwise objectionable.
2. Contains medical claims, treatment instructions, or product claims that are false, misleading, unsupported, or could reasonably be construed as medical advice.
3. Contains others’ personal data or health information without lawful authority and consent.
4. Contains viruses, malware, corrupted data, or code intended to disrupt or damage systems.
5. Violates any law, regulation, or third-party right, or encourages conduct that would do so.
6. Is spam, advertising, or promotional in nature without BD’s prior written authorization.
BD may (but is not obligated to) monitor, pre-screen, edit, refuse, remove, disable, or restore any User Content at any time in its sole discretion, including for suspected violations of these Terms or applicable law. BD may suspend or terminate your access for violations. BD is not responsible for User Content and does not endorse any opinion, recommendation, or advice expressed in it.
You are solely responsible for maintaining backups of your User Content. BD has no obligation to store or provide copies of User Content and may delete it at any time.
BD responds to notices of alleged copyright infringement consistent with its Copyright Policy (DMCA) and may terminate repeat infringers. See Section 13 (Copyright Policy (DMCA)).
If you submit reviews or testimonials:
1. They must reflect your honest opinions and actual experiences.
2. You must clearly and conspicuously disclose any material connection to BD or a third party (e.g., payment, free product, employment, family relationship) as required by the FTC Endorsement Guides.
3. BD may edit for clarity, length, and compliance while preserving the substance of your views.
If you provide articles, expert commentary, sponsored content, native content, advertisements, promotions, or similar materials as a contributor, sponsor, or advertiser (“Contributor Content”), you agree that:
1. You are responsible for the accuracy, lawfulness, and substantiation of all claims, including health-related or product claims.
2. You will comply with all applicable laws and industry standards (including FTC advertising and endorsement rules; FDA, state, and federal laws on medical/health claims and drug/device promotion; CAN-SPAM/anti-spam; intellectual property; privacy; and publicity rights).
3. Sponsored or paid content must be clearly and conspicuously labeled and must not be disguised as editorial content.
4. Off-label promotion, unapproved drug/device claims, and deceptive or unfair practices are prohibited.
5. Upon BD’s request, you will promptly provide reasonable claim substantiation and all necessary permissions/releases.
6. BD may reject, remove, or require modification of Contributor Content at any time in its sole discretion.
If you provide ideas, suggestions, or other feedback, you grant BD a perpetual, irrevocable, worldwide, royalty-free, sublicensable, and transferable license to use and exploit such feedback without restriction or compensation.
The Sites and Services may make available, display, reference, or link to content, information, tools, products, services, offers, and advertisements provided by third parties (including sponsors, affiliates, providers, publishers, and other users) (collectively, “Third-Party Content”). Any opinions, advice, statements, services, offers, or other information expressed or made available through Third-Party Content are those of the respective authors or distributors and not of BD. Neither BD nor our licensors endorse, warrant, or are responsible for the accuracy, completeness, timeliness, usefulness, reliability, or availability of any Third-Party Content, nor for any errors or omissions in it.
You understand that you may be exposed to Third-Party Content that violates our policies, is inaccurate, misleading, offensive, indecent, or otherwise objectionable. You access the Sites and Services, and any Third-Party Content, at your own risk. BD takes no responsibility for your exposure to or reliance on Third-Party Content.
Links from the Sites to third-party websites (including app stores), plug-ins, platforms, or services are provided for convenience only. BD does not control and is not responsible for (and makes no representations regarding) any third-party websites or services, their content, policies (including privacy and security), or practices. Accessing any third-party website or service is subject to that third party’s terms and policies.
BD and its licensors do not assume and expressly disclaim any obligation to obtain, include, or update information beyond what is provided to us by third-party sources. We do not advocate the use of any product, service, device, test, treatment, or procedure described or mentioned in Third-Party Content, and we are not responsible for misuse of any product or procedure due to typographical, formatting, or other errors.
Your correspondence or business dealings with third parties found on or through the Sites or Services—including payment and delivery of goods or services and any other terms (such as warranties)—are solely between you and the third party. BD will not be liable for any loss or damage of any sort incurred as the result of any such dealings. Where we identify content as “sponsored,” “advertisement,” “affiliate,” or similar, such labels are provided for transparency; they do not constitute our endorsement. We may receive compensation in connection with sponsored, affiliate, or advertising relationships, which may influence placement or presentation, but not our commitment to editorial integrity.
BD may, but has no obligation to, monitor, review, remove, or restrict access to Third-Party Content in our sole discretion.
By providing your email address or using the Sites or Services, you consent to receive electronic communications from BD, which may include emails, in-product messages, and notices posted on the Sites. You agree that these electronic communications satisfy any legal requirement that such communications be in writing.
BD may send:
• Transactional/relationship messages (e.g., account notices, security alerts, confirmations, service updates).
• Administrative/legal notices (e.g., changes to these Terms or our Privacy Policy).
• Marketing/promotional messages (e.g., newsletters, sponsored content, partner or affiliate offers, event invitations).
• Surveys and research requests and community updates.
By subscribing to newsletters or otherwise opting in, you authorize BD to send marketing and promotional emails. You may manage preferences or unsubscribe from marketing emails at any time via the link included in each email. Unsubscribing from marketing emails will not affect receipt of transactional, administrative, or legal notices that are necessary to provide the Services.
Please allow a reasonable period (e.g., up to 10 business days) for opt-out requests to take effect. If you subscribe to multiple BD newsletters or lists, you may need to opt out from each separately. Opt-outs from BD do not affect emails sent by third parties you interact with independently.
You are responsible for providing and maintaining accurate contact information and for safeguarding access to your email account. BD is not responsible for delayed or undelivered messages caused by filters, firewalls, full inboxes, or changes you fail to update. Notices are deemed given when sent to the most recent email you provided.
BD may use third-party vendors to deliver email communications and manage subscriptions. These vendors act on BD’s behalf, and BD may share limited information with them to facilitate delivery consistent with our Privacy Policy.
You may not register any person for BD communications without that person’s express authorization, and you may not misuse any “refer-a-friend” or sharing functionality.
Our collection and use of your information in connection with email communications are described in BD’s Privacy Policy, which is incorporated into these Terms. Please review it for details, including information about your choices and rights.
Your privacy is important to us. Please review our Privacy Policy. (incorporated into these Terms by reference) to understand our practices regarding the collection, use, and sharing of your personal information.
BY ACCESSING OR USING THE SITES OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO OUR PRIVACY POLICY, AND YOU CONSENT TO ALL ACTIONS WE TAKE WITH RESPECT TO YOUR INFORMATION IN COMPLIANCE WITH THAT POLICY.
Our Privacy Policy may be updated from time to time, and any changes will be effective as described in the Privacy Policy. We encourage you to review the Privacy Policy regularly to remain informed about our information practices.
THE SITES AND SERVICES, AND ALL CONTENT, INFORMATION, MATERIALS, PRODUCTS, FEATURES, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITES OR SERVICES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ACCURACY.
Without limiting the generality of the foregoing, BD, its licensors, and its affiliates do not warrant and expressly disclaim that:
Your use of the Sites and/or Services will be uninterrupted, timely, secure, or error-free;
Any information, content, or materials obtained through the Sites or Services will be accurate, complete, reliable, current, or free of errors;
Any defects or errors in the Sites, Services, or content will be corrected;
The Sites, Services, or the servers that make them available are free from viruses, malware, or other harmful components;
Any products, services, treatments, tests, or information advertised, promoted, or offered through the Sites or Services are safe, effective, or suitable for your needs.
Any output generated by an AI Tool — including any simulated dialogue, persona, evaluation, score, recommendation, or Generated Report — is accurate, complete, current, reliable, unbiased, reproducible, clinically appropriate, or suitable for any purpose; that any AI Tool will detect, identify, or respond appropriately to any symptom, condition, emergency, risk of harm, or crisis; or that AI Tool output will be free from error, omission, fabrication, or bias.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES AND SERVICES IS AT YOUR SOLE RISK. BD MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SATISFACTION OF ANY GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS, MEDICAL DEVICES, OR OTHER HEALTH-RELATED PRODUCTS, OR ABOUT ANY MEDICAL OR TREATMENT INFORMATION CONTAINED IN THE SITES OR SERVICES.
BD MAKES NO REPRESENTATION OR WARRANTY THAT ANY AI TOOL, OR ANY OUTPUT OF ANY AI TOOL, IS SAFE, EFFECTIVE, CLINICALLY VALIDATED, OR SUITABLE FOR ANY PARTICULAR PERSON OR PURPOSE.
From time to time, BD may offer sweepstakes, contests, giveaways, or other promotions (collectively, “Promotions”) on or through the Sites or Services. Each Promotion will be governed by its own official rules, which will be made available in a conspicuous location (e.g., a link on the applicable Promotion page). By entering or participating, you agree to be bound by the applicable official rules and by these Terms. If there is a conflict between the Promotion rules and these Terms, the Promotion rules will control for that Promotion. Promotions may be void where prohibited and may be subject to eligibility, geographic, and age restrictions, as set forth in the applicable rules.
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER BD NOR ITS LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, OR SPONSORS WILL BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING IN ANY WAY TO:
The use of or inability to use the Sites and/or the Services;
Any content contained on the Sites and/or the Services;
Statements or conduct posted or made publicly available on the Sites and/or the Services;
Any product or service purchased or obtained through the Sites and/or the Services;
Any action taken in response to or as a result of any information available on the Sites and/or the Services;
Any damage caused by loss of access to, deletion of, failure to store, failure to back up, or alteration of any content on the Sites and/or the Services; or
Your use of, or inability to use, any AI Tool; any output generated by any AI Tool, including any Generated Report; any error, omission, inaccuracy, fabrication, or bias in AI Tool output; any failure of an AI Tool to detect, identify, or respond to any symptom, condition, emergency, risk of harm, or crisis; any decision made, action taken, or action not taken by you or any third party in reliance on an AI Tool or a Generated Report; or any processing, retention, or disclosure of Session Inputs; and
Any other matter relating to the Sites and/or the Services, even if BD has been advised of the possibility of such damages.
IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF BD OR ITS LICENSORS TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SITES AND/OR SERVICES EXCEED THE GREATER OF (A) THE AMOUNT PAID BY YOU, IF ANY, TO BD FOR ACCESSING OR USING THE SITES AND/OR SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.
You agree to indemnify, defend, and hold harmless BD, its licensors, subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees, and representatives from and against any and all claims, demands, actions, damages, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees and disbursements) arising directly or indirectly out of or from:
Your violation or alleged violation of these Terms.
Any allegation that any content, materials, information, or other submissions you provide, post, transmit, or make available through the Sites or Services infringe, misappropriate, or otherwise violate the copyright, trademark, trade secret, or other intellectual property or proprietary rights of any third party.
Your access to or use of the Sites or Services, including any content or materials you access, use, or download.
Your use of any AI Tool, including any Session Inputs you submit; any use or disclosure you make of a Generated Report; any reliance you or any third party places on AI Tool output; and any clinical, professional, employment, or credentialing decision you make or influence in reliance on an AI Tool.
Your indemnification obligations under this section will survive your use of the Sites and Services and the termination of these Terms.
The Digital Millennium Copyright Act of 1998 (“DMCA”) provides a process for copyright owners who believe that material available online infringes their U.S. copyright(s). If you believe in good faith that content hosted on the Sites or Services infringes your copyright, you (or your agent) may send BD a Notice of Claimed Infringement requesting that the material be removed or that access to it be disabled. Notices that fail to meet the DMCA’s requirements may not be effective and will not be deemed to provide BD with actual knowledge of infringement.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send BD a Counter-Notice. All Notices and Counter-Notices must comply with then-current statutory requirements under 17 U.S.C. § 512. See http://www.loc.gov/copyright for details.
Your Notice must include the following information:
a. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that is allegedly infringed.
b. Identification of the copyrighted work claimed to have been infringed.
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit BD to locate the material (e.g., URL to the specific page).
d. Information reasonably sufficient to permit BD to contact you, such as a mailing address, telephone number, and (if available) an email address.
e. 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 the law.
f. A statement that the information in the Notice is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on the owner’s behalf.
If your content was removed or disabled as a result of a DMCA Notice and you believe the removal was a mistake or misidentification, your Counter-Notice must include:
a. Your physical or electronic signature.
b. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
c. A statement under penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification.
d. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or Cook County, Illinois, if your address is outside the United States), and that you will accept service of process from the person who provided the original DMCA Notice or that person’s agent.
Upon receiving a compliant Notice, BD may remove or disable access to the identified material and will make a good-faith attempt to notify the subscriber or user who posted the material. If we receive a compliant Counter-Notice, we may restore the material within the timeframe required by the DMCA unless the original notifier informs us that they have filed a court action seeking to restrain the user from engaging in infringing activity. BD may terminate, in appropriate circumstances, users who are deemed repeat infringers and may remove content alleged to infringe at any time in our sole discretion.
Please be aware that the DMCA (17 U.S.C. § 512(f)) may impose liability for knowingly making material misrepresentations in a Notice or Counter-Notice. Consider consulting a legal advisor before submitting a Notice or Counter-Notice.
Send DMCA Notices and Counter-Notices to BD’s Designated Agent:
Designated Agent: DMCA Agent
Email: [email protected].
Address: BlackDoctor, Inc., 605 N Michigan Ave Ste 400b, Chicago, IL 60611Telephone: (312) 222-1205
Email is preferred. Please do not send attachments in compressed formats (e.g., .zip); such attachments may be blocked for security reasons.
These Terms and the relationship between you and BD will be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law provisions. You and BD agree that the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1–16, governs the interpretation and enforcement of the Arbitration Agreement set forth below. Subject to and without waiving the Arbitration Agreement, you and BD irrevocably agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Cook County, Illinois, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
(a) Agreement to Arbitrate
To the fullest extent permitted by applicable law, you and BD agree to resolve any and all disputes, claims, or controversies between us (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) exclusively through final and binding arbitration, rather than in court, except for claims that:
Involve bodily injury; or
Relate to enforcing, protecting, or the validity of your or our intellectual property rights.
This Arbitration Agreement is intended to be broadly interpreted. It includes, but is not limited to:
A. Claims arising out of or relating to any aspect of the relationship between you and BD;
B. Claims that arose before this or any prior version of these Terms;
C. Claims for mental or emotional distress not arising from physical bodily injury;
D. Claims currently the subject of purported class actions in which you are not a member of a certified class; and
E. Claims that may arise after termination of these Terms.
(b) Small Claims Option
Either party may elect to have individual claims heard in small claims court, provided the action is not removed or appealed to a court of general jurisdiction.
(c) Mandatory Pre-Arbitration Notice and Informal Resolution
Before either party initiates arbitration, the party must first send the other a written Notice of Dispute (“Notice”).
A Notice to BD must be sent to: Michelle Skinner, Esq. at EM3 Law, 77 West Wacker Drive, Suite 4500, Chicago, IL 60601; [email protected].
The Notice must include: (i) your name, address, and email; (ii) a description of the dispute; (iii) the relief sought, including any damages and how they are calculated; and (iv) your personal signature.
The parties will then attempt in good faith to resolve the dispute through informal discussions for 60 days from receipt of the Notice (unless extended by mutual agreement). If no resolution is reached, either party may initiate arbitration.
(d) Arbitration Rules & Location
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules (including the Consumer Arbitration Rules, if applicable) as modified by this Arbitration Agreement. If AAA is unavailable, the parties will select another recognized arbitration provider. Unless otherwise agreed, any hearings will be held in Cook County, Illinois, or by video conference if in-person attendance would be unduly burdensome.
(e) Arbitrator Authority & Remedies
The arbitrator may award any relief that a court could award, subject to the limitations in these Terms. The arbitrator’s award will be final and binding, and judgment on the award may be entered in any court with jurisdiction.
(f) Mass Filings
If 25 or more similar claims are filed by the same or coordinated counsel, the arbitration of those claims will proceed in staged batches, with each side selecting a limited number of cases to proceed at a time, as further detailed in the AAA’s Mass Arbitration protocols or as otherwise agreed by the parties. Remaining claims will be stayed pending resolution of the initial staged cases.
(g) Confidentiality
All aspects of the arbitration, including related documents, testimony, and the award, will remain confidential except as necessary to prepare for or conduct the arbitration or to enforce the award.
To the fullest extent permitted by law, you and BD agree:
A. Claims may only be brought in an individual capacity, not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding.
B. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of class, collective, consolidated, private attorney general, or representative proceeding.
C. You and BD waive any right to a jury trial.
This Class Action and Jury Trial Waiver applies to all claims between you and BD, including any claim excluded from arbitration under the Arbitration Agreement, to the fullest extent permitted by law.
If any part of this Class Action and Jury Trial Waiver is found unenforceable as to a particular claim or request for relief, that claim or request will proceed in court, after all other arbitrable claims are resolved by arbitration.
The failure of BD to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction or an arbitrator to be unlawful, void, or for any reason unenforceable, that provision will be deemed severed from these Terms and will not affect the validity and enforceability of any remaining provisions.
BD may perform any of its obligations or exercise any of its rights under these Terms through one or more of its corporate affiliates (including any entity that directly or indirectly controls, is controlled by, or is under common control with BD). If BD or its assets are acquired by another entity, that entity will assume all of BD’s rights and obligations under these Terms.
You may not assign, transfer, or delegate any of your rights or obligations under these Terms, whether by operation of law or otherwise, without BD’s prior written consent. Any attempted assignment without such consent will be null and void.
BD may modify these Terms at any time, in its sole discretion. If you disagree with any changes to these Terms, you must discontinue your use of the Sites and Services, and if you have registered as a member, cancel your registration. Your continued access to or use of the Sites or Services following notice of any changes constitutes your acceptance of the modified Terms.
It is your responsibility to review these Terms regularly to stay informed of any modifications.
BD also reserves the right to modify or discontinue the Sites or Services (in whole or in part) at any time, with or without notice. We will not be liable to you or any third party if we exercise this right. If you object to any changes to the Sites or Services, your sole remedy is to cease accessing and using them. Continued access or use after changes are posted signifies your acceptance of the Sites or Services as modified.
For questions about these Terms, contact us at [email protected].
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