USER AGREEMENT
ACCEPTANCE OF TERMS THROUGH USE
By using this website or by clicking “I agree” to this Agreement, you (“User”) signify your agreement to
these terms and conditions. If you do not agree to this Agreement please do not use this site and do not
click “I agree”. Please check this Agreement periodically for changes as the owner of this site
www.CobraMD.net reserves the right to revise this Agreement and your continued use of this site
following the posting of any changes to the Agreement constitutes acceptance of such changes. The
Company reserves the right to terminate a User’s use of this site at any time without notice and may do
so for any breach of this Agreement or failure to follow any instructions or conditions on this site by
User. This Agreement applies to licensors and advertisers as well.
YOU MUST BE OVER 18 TO CONSENT TO THIS AGREEMENT AND USE THIS SITE
This Agreement must be completed, understood and agreed to by a person over 18. If a parent or guardian
wishes to permit a person under 18, and under his or her supervision, to use this site, he or she should
email the Company with his or her explicit permission and acceptance of full legal responsibility for
the minor to do so. If you are not yet 18, if you are easily offended, or are accessing this site from
any country where material on this site is prohibited or illegal, please leave now as you do not have
permission to access this site.
LICENSE TO USE THIS SITE
Upon your agreement to this Agreement, the Company hereby grants you a non-exclusive, non-transferable
limited license to use this site in strict accordance with the terms and conditions in this Agreement
and as permitted via instructions on this site. You agree not to make any false or fraudulent statements
in your use of or to gain access to this site. You acknowledge and agree that all content and services
available on this site are property of the Company and its advertisers and licensors and are protected
by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary
rights and laws, in the U.S. and internationally. All rights not expressly granted herein are fully
reserved by the Company, its advertisers and licensors. You agree to pay for any and all purchases and
services made using your name and credit card through this Site, not to challenge any such charges and
to pay for all collections and/or attorneys’ fees resulting from any non-payment.
LICENSE RESTRICTIONS
Use
Except as may be explicitly permitted through this site, you agree not to save, download, cut and paste,
sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly
perform, publish, adapt, edit, or create derivative works from materials, code or content on or from
this site. Systematic retrieval of data or other content from this site to create or compile, directly
or indirectly, a collection, compilation, database or directory without written permission from the
Company is prohibited. In addition, use of the content or materials for any purpose not expressly
permitted in this Agreement is prohibited. This license does not include any resale or commercial use of
any service, product or content; any collection and use of any product listings, descriptions, or
prices; any derivative use of any website services or its contents; any downloading, copying, or other
use of account information for the benefit of any third party; or any use of data mining, robots, or
similar data gathering and extraction tools. All rights not expressly granted to you in User Agreement
are reserved and retained by the Company or its licensors, suppliers, publishers, rights holders, or
other content providers. No products or services may be reproduced, duplicated, copied, sold, resold,
visited, or otherwise exploited for any commercial purpose without express written consent of the
Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other
proprietary information (including images, text, page layout, or form) of Company without express
written consent. You agree that you shall not try to reverse engineer, reverse assemble, reverse
compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials
on or received via this site. You understand that such actions are likely to subject you to serious
civil and criminal legal penalties and that the Company shall pursue such penalties to the full extent
of the law to protect its rights and the rights of its other licensors.
Security
You agree that if you are issued a Username and Password by the Company, you shall use your best efforts
to prevent access to this site through your Username and Password by anyone other than yourself,
including but not limited to, keeping such information strictly confidential, notifying the Company
immediately if you discover loss or access to such information by another party not under your control
and supervision, and by using a Username and Password not easily guessed by a third party.
International Users
Accessing this site, and services, products or contents available on this site, except as expressly
allowed through instructions and truthful statements by the User in regard to use of this site, from
places outside the U.S. or where their contents are illegal, is prohibited. Those who choose to access
this site from other locations do so knowingly on their own initiative and voluntarily at their own risk
and are responsible for compliance with local laws. None of the information on this site may be
downloaded, exported or reexported into Libya, Iraq, North Korea, Cuba, the National Union for the Total
Independence of Angola (UNITA), Iran, Syria, Sudan, Burma (Myanmar), Serbia, the Taliban, Sierra Leone,
Liberia, designated Terrorists and international Narcotics Traffickers, Foreign Terrorist Organizations,
and/or designated foreign persons who have engaged in activities related to the proliferation of weapons
of mass destruction or any other country with restrictions imposed by the U.S. Government. By using this
site, you agree that you are not a citizen of or a resident in any of these countries.
Export
You agree that you shall comply with all applicable export and import control laws and regulations in
your use of this site, or materials or services received through this site, and, in particular, you
shall not export or re-export anything on or received through this site in violation of local or foreign
export laws and/or without all required U.S. and foreign government licenses.
Government Use
If you are a branch or agency of the U.S. Government, the following provision applies. This site, code,
contents, services and accompanying documentation are comprised of "commercial computer software" and
"commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212 (SEPT 1995) and
are provided to the Government (i) for acquisition by or on behalf of civilian agencies, consistent with
the policy set forth in 48 C.F.R. 12.212; or (ii) for acquisition by or on behalf of units of the
Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 (JUN 1995) and
227.7202-3 (JUN 1995). Unpublished rights reserved under the copyright laws of the United States.
USER'S LICENSE GRANT TO SITE
Except with regard to personal information, all information which you post on this site or communicate
to the Company through this site (collectively “Submissions”) shall forever be the property of the
Company. You agree to the Site Submission Rules found here as part of this Agreement if provided on the
site by the Company. The Company shall not treat any submission as confidential and shall not incur any
liability as a result of any similarities that may appear in future Company services or products.
Without limitation, the Company shall have exclusive ownership of all present and future existing rights
to any Submission of every kind and nature everywhere. You acknowledge that you are fully responsible
for the message, including its legality, reliability, appropriateness, originality and copyright. You
hereby represent and warrant that your Submission does not infringe the rights of any third party.
TRADEMARKS
The Company’s, licensors’ or other third party materials, services or products referenced on this site
are common law or registered trademarks or service marks of such parties.
THIRD PARTY SITES
You may be transferred to online merchants or other third party sites through links or frames from this
site. You are cautioned to read such sites’ Terms and Conditions and/or Privacy Policies before using
such sites in order to be aware of the terms and conditions of your use of such sites. These sites may
contain information or material that is illegal, unreasonable or that some people may find inappropriate
or offensive. These other sites are not under the control of the Company, are not monitored or reviewed
by the Company, and the Company is not aware of the contents of such sites. You acknowledge that the
Company is not responsible for the accuracy, copyright compliance, legality, decency, or any other
aspect of the contents or any transmissions received through such sites. The inclusion of such a link or
frame does not imply endorsement of this site by the Company, its advertisers or licensors, any
association with its operators and is provided solely for your convenience. You agree that the Company
and its licensors have no liability whatsoever from such third party sites and your usage of them.
DISCLAIMER OF WARRANTIES
THE COMPANY, ITS ADVERTISERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THIS SITE, THE
SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR
PRODUCTS RECEIVED THROUGH THIS SITE. ALL INFORMATION AND USE OF THIS SITE ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND. THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH
REGARD TO THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE AND ANY SERVICES
OR PRODUCTS RECEIVED THROUGH THIS SITE, INCLUDING ALL EXPESS, STATUTORY, AND IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY, ADVERTISERS
AND/OR ITS LICENSORS DO NOT WARRANT THAT THE CONTENTS OR ANY INFORMATION RECEIVE THROUGH THIS SITE ARE
ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT
ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THIS
SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. USER
AGREES THAT IT HAS RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT.
BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT
APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS BE
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT
FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, THIS SITE, THE INFORMATION CONTAINED ON OR
RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE. THIS
LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE COMPANY, ADVERTISERS AND/OR ITS RESPECTIVE LICENSORS’
LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR
JURISDICTION.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company, its advertisers, licensors, subsidiaries
and other affiliated companies, and their employees, contractors, officers, agents and directors from
all liabilities, claims, and expenses, including attorney's fees, that arise from your use of this site,
or any services, information or products from this site, or any violation of this Agreement. The Company
reserves the right, at it own expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you shall cooperate with the Company in
asserting any available defenses.
LEGAL COMPLIANCE
Company may suspend or terminate this Agreement or User’s use immediately upon receipt of any notice
which alleges that User has used this site for any purpose that violates any local, state, federal or
law of other nations, including but not limited to the posting of information that may violate third
party rights, that may defame a third party, that may be obscene or pornographic, that may harass or
assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers,
directors, contractors or employees. In such event, Company may disclose the User’s identity and contact
information, if requested by a government or law enforcement body or as a result of a subpoena or other
legal action, and Company shall not be liable for damages or results thereof and User agrees not to
bring any action or claim against Company for such disclosure.
PARENTAL FILTERING DEVICES
In accordance with 47 U.S.C. Sec. 230(d), parents are notified that there filtering devices which are
commercially available that may assist parents in limiting access to material that is harmful to minors,
such as www.netnanny.com, www.cyberpatrol.com, www.cybersitter.com.
CALIFORNIA USER CONSUMER RIGHTS
In accordance with Cal. Civ. Code Sec. 1789.3, California resident users are entitled to know that they
may file grievances and complaints at California Department of Consumer Affairs, 400 R Street, STE 1080,
Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov.
CHOICE OF LAW AND FORUM
This site (excluding third party linked sites) is controlled by the Company from its offices within the
State of Nevada, U.S. of America. It can be access from all 50 states as well as from other countries
around the world to the extent permitted by site. As each of these places has laws that may differ from
Nevada, by accessing this site, both you and the Company agree that the statues and laws of the State of
Nevada shall apply to any actions or claims arising out of or in relation to this Agreement or your use
of this site, without regard to conflicts of laws principles thereof. You and the Company also agree and
hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of
Nevada, and any legal proceedings shall be conducted in English. The Company makes no representation
that materials on this site are appropriate or available for use in other locations, and accessing them
from territories where their contents are illegal is prohibited. This Agreement shall not be governed by
the United Nations Convention on Contracts for the Sale of Goods.
MISCELLANEOUS
This Agreement incorporates by reference the Site Submission Rules if this site allows posting and posts
such Rules. This Agreement constitutes the entire agreement between the parties related to the subject
matter thereof, supersedes any prior or contemporaneous (oral, written or electronic) agreement between
the parties and shall not be changed except by written agreement signed by an officer of the Company. If
any provision of this Agreement is prohibited by law or held to be unenforceable, the remaining
provisions hereof shall not be affected, and this Agreement as much as possible under applicable law
shall continue in full force and effect as if such unenforceable provision had never constituted a part
hereof and the unenforceable provision shall be automatically amended so as to best accomplish the
objectives of such unenforceable provision within the limits of applicable law. User shall not assign or
transfer this Agreement and any such transfer shall be void.
REFUND POLICY
Refund will be issued if for any reason your account fails to activate or give you the promised access to a telemedicine doctor during the service period purchased. There is no other provision for a refund after your account activation. Please discontinue use of this site if you do not agree to these terms.
Site Submission Rules
By using features of this site that allow you to post or otherwise transmit information to or through
this site, or which may be seen by other users, you agree that you shall not upload, post, or otherwise
distribute or facilitate distribution of any content -- including text, communications, video, software,
images, sounds, data, or other information -- that:
is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of
another's privacy, tortious, obscene, sexually explicit or graphic, or otherwise in violation of this
site’s rules or policies;
victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of
religion, gender, sexual orientation, race, ethnicity, age, or disability;
violates a restraining order or any other court ordered mechanism to restrict your interaction with
others;
infringes any patent, trade mark, service mark, trade secret, copyright, moral right, right of
publicity, privacy or other proprietary right of any party;
constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"),
chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
contains software viruses or any other computer code, files, or programs that are designed or intended
to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment
or to damage or obtain unauthorized access to any data or other information of any third party; or
impersonates any person or entity, including any employee or representative of this site, its licensors
or advertisers.
You also agree that you shall not harvest or collect information about the users of this site or use
such information for the purpose of transmitting or facilitating transmission of unsolicited bulk
electronic e-mail or communications for any other commercial purpose of your own or a third party. You
further agree that you shall not solicit or collect information, or attempt to induce any physical
contact with, anyone 18 years old or younger without appropriate prior verifiable express parental
consent. This site generally does not pre-screen, monitor, or edit the content posted by users of this
site. However, this site and its agents have the right, at their sole discretion, to remove any content
that, in this site’s sole judgment, does not comply with the Site Submission Rules or is otherwise
harmful, objectionable, or inaccurate. This site is not liable for any failure, delay, damages or
results, in removing such content.
You agree that your use of this site may be suspended or terminated immediately upon receipt of any
notice which alleges that you have used this site in violation of these Rules and/or for any purpose
that violates any local, state, federal or law of other nations, including but not limited to the
posting of information that may violate third party rights, that may defame a third party, that may be
obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal
regulations, etc. of its agents, officers, directors, contractors or employees. In such event, you agree
that the owner of this site may disclose your identity and contact information, if requested by a
government or law enforcement body or as a result of a subpoena or other legal action, and the owner of
this site shall not be liable for damages or results thereof, and you agree not to bring any action or
claim against the owner of this site for such disclosure.
This site reserves the right to revise these Site Submission Rules at its discretion, so check back from
time to time to be sure you are complying with the current version.
