DUBER MEDICAL TERMS AND CONDITIONS
This document contains very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Please review these terms and conditions prior to requesting Duber Medical services. You should also carefully review our Privacy Policy before requesting services through this website.
These terms and conditions apply to the content and services offered through the Duber Medical, LLC website, also referred to as “Site”. These Terms are subject to change by Duber Medical referred to as “us”, “we”, “our”, or “Duber Medical” 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 Site. Your continued use of this Site after the
“Last Updated Date” will constitute your acceptance of and agreement to such changes.
Duber Medical website, blog, and social media contains broad information that may not apply to every patient. If you have questions regarding medical marijuana and your specific disease process, symptom, or medication, please discuss it with one of our certified and qualified physicians.
AGE RESTRICTIONS ON ACCESS
You must be at least 18 years old to access this site. If you are under 18 years old you are not permitted to use this site for any reason. Our website does not knowingly collect information on individuals under 18 years of age. At this time, Duber Medical is only accepting patients who are 18 years or older at this time.
As a caregiver, you may consult with one of our physicians on behalf of an individual or minor under your care. Minors with qualifying conditions can designate a caregiver to act on their behalf. A caregiver is defined as a designated individual who is at least 21 years old who can legally purchase, transport, or possess medical marijuana on behalf of a registered medical marijuana patient, and can also administer medical marijuana to that individual. The caregiver can be
a guardian, parent, significant other, nurse, or healthcare provider. In addition to the patient, the caregiver must also be registered with their respective state’s Board of Pharmacy as well as the medical marijuana control program. Every state has its own laws which limits how many patients a caregiver can have, and how many caregivers a patient can have.
REGISTERED USER RESPONSIBILITIES
During the course of the medical marijuana recommendation certification process, individuals, whether patient or caregiver, will be required to provide identification information, and personal health information. Individuals registering with Duber Medical must consent to the following:
- You agree to provide information and health history that is correct, truthful, accurate, and complete without misleading information. Providing fraudulent or misleading information or attempting to fraudulently obtain medical marijuana, which includes misrepresenting your state of residency, medical records, history, condition or intentions, is illegal and may subject you to civil and/or criminal liability.
- You will not use any physician’s recommendation for the purpose of illegally obtaining, growing, or distributing medical marijuana, or engaging in any illegal activity.
Duber Medical provides medical consultations and recommendations for medical marijuana to eligible individuals with qualifying conditions. Duber Medical does not provide medical marijuana products, in any form. The safe and responsible consumption of medical marijuana is expected from all individuals who seek a medical marijuana recommendation in order to address symptoms of a qualifying condition; therefore, medical marijuana must be legally
obtained from a state approved dispensary.
USE OF THIS SITE
This Site is expressly owned and operated by Duber Medical. This website and its content are intended for educational purposes and solely for your personal, noncommercial use. Any use of this site or its content other than for personal, noncommercial purposes is prohibited. You may not modify this site or any part of this site, including any content, in any
way. If you download, copy or forward via e-mail any part of the content, no right, title or interest in those materials is transferred to you. All worldwide rights are reserved.
You shall not hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the Duber Medical website, service, or its users’ computers. You shall not use any robot, spider, or other automatic or manual device or process for the purpose of harvesting or compiling information on the website.
CONTENT AND INTELLECTUAL PROPERTY
You shall not infringe on Duber Medical intellectual property rights. “Intellectual Property Rights” means all intellectual property rights, comprising or relating to: (a) patents; (b) trademarks, service marks and logos; (c) internet domain names, web addresses, web pages, website and URLs; (d) works of authorship, expressions, designs and design
registrations, whether or not copyrightable, data, data files, and databases, and other specifications and documentation; (e) trade secrets; and (f) all rights interests and protections that are associated with, equivalent or similar to, or required for the exercise of any of the foregoing.
Duber Medical shall own or license all of the content, materials, and other intellectual property related to the website, associated social media, or advertising campaigns to include all text, graphics, photographs, images, data, video clips, music, audio, software, names, icons, logos, designs, titles, care plans, phrases, trademarks, product names, patents, or
copyrighted material, collectively known as Materials. Any copyrighted material, trademarks or trade names trademarked phrases may not be altered in any way. You shall not modify, distort, republish, reproduce, license, transfer, sell, assign, reverse engineer, or create derivative works from, or otherwise exploit any content or information from the Duber Medical website, in whole or in part, without Duber Medical express written permission.
WEBSITE CONTENT
The Duber Medical website, blog, social media, newsletters, marketing, and advertising materials offer health, wellness, and cannabis information which is designated for general educational and informational purposes only. This information is not meant to replace or substitute the advice of your primary care physician, a specialist who manages your care or
disease process, or the Duber Medical physician with whom you consult. Do not avoid or delay obtaining medical care based on something you may have read on this site, blog, or Duber Medical social media accounts.
WEBSITE INFORMATION UPDATES
All of the information on this website and associated social media accounts, whether historical in nature or forwardlooking, speaks only as of the date the information is posted on this site. It should be taken on an “as-is” or “as available” basis. Duber Medical does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is expired or no longer current.
EXTERNAL LINKING
Duber Medical may link to third-party websites for educational or informational purposes. These links allow users to leave the Duber Medical website or associated social media and land on a third-party website. Duber Medical takes no responsibility for the contents of any third-party website. By providing access to other websites, Duber Medical is not
recommending or supporting any third party, not recommending any product, process, or service sold by a third party, or endorsing or acknowledging any affiliation with any websites’ sponsoring organization. Duber Medical does not expressly or by implication endorse any organization unless otherwise stated. Before relying on any information contained on any third-party website, you are cautioned to undertake your own independent evaluation of its accuracy, usefulness, timeliness, and protections against potential viruses and other
malicious code in downloaded material.
PRIVACY
We respect your privacy and are committed to protecting it. Our Privacy Policy, governs the processing of all personal data collected from you in connection with your purchase of products or services through the website. Our Privacy Policy can be found this website.
INAPPROPRIATE MATERIAL
All content posted to any of our Services is public knowledge. Before sharing any content or comments on our website, blog, RSS feed, forums, message boards, or associated social media collectively known as our “Services”, please review our Privacy Policy for User Generated Content. - You shall not defame, or impersonate Duber Medical, or any staff, or physician employed by Duber Medical.
- You shall not post, upload to, distribute, transmit, or publish on the Duber Medical website, blog, associated
social media, or any related services page, any libelous, defamatory, threatening, obscene, vulgar, sexuallyoriented, pornographic, abusive, or otherwise illegal material, or any material that could constitute or
encourage harassment or a criminal offense or give rise to civil liability, or otherwise violate any law. - You agree that you will not threaten, or verbally abuse other members, use defamatory language, or
deliberately disrupt discussions with repetitive messages, meaningless messages or “spam.” - You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of our services.
Duber Medical Reserves the right to delete, move, or edit submissions that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable. You may contact us at info@dubermedical.com to discuss removal of content from your posting, or report another posting that you deem inappropriate or offensive. In some cases, we may be unable to remove a post, but will discuss the reason with you. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from our services. Duber
Medical will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
DISCOUNTS AND PROMOTIONS
All prices, discounts, and promotions posted on this site are subject to change without notice. We may offer from timeto-time promotions on the site 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.
PAYMENT TERMS
For online orders, we accept all major credit cards. If a payment is not successfully settled due to invalid payment method, declined credit, expiration, insufficient funds or otherwise, we reserve the right to halt or cancel the certification process. The request for certification will not be processed until we charge a valid credit card or otherwise accept payment with good funds. For certain payment methods, you may be charged a processing fee, or other fees. You
are solely responsible for the payment of any such fees. Duber Medical is not responsible for any charges, errors or losses that may result from any returned check used by you for the payment of our services.
LIMITATION OF LIABILITY
In no event shall Duber Medical 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. 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 services you have ordered through our site.
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 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.
Duber Medical will take reasonable measures to maintain the privacy and security of personal information provided by you to our website or in the course of the registration certification process. Hackers may use malicious means to breach our security measures in order to gain unauthorized access to our databases containing information. Should a breach of
security occur of the Duber Medical website, databases, or other equipment containing personal information, you hereby agree that Duber Medical shall not be liable for damages of any sort, whether arising under contract, tort, or otherwise.
INDEMNITY
You agree to indemnify, defend and hold Duber Medical, its affiliates and subsidiaries, officers, directors, employees, agents, licensors, suppliers, successors and assignees, harmless from and against any claims, losses, liabilities, demands, penalties, actions, causes of action, suits, obligations and expenses, including damage awards, settlement amounts, costs, and attorneys’ fees due to or arising out of your use of our site, your connection to our site, your violation of these Terms and Conditions or the Privacy Policy or your violation of any rights of another party affiliated with Duber Medical, LLC. This indemnity survives termination of these Terms and Conditions.
GOVERNING LAW AND JURISDICTION
This Site is operated from the United States. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Ohio. Exclusive jurisdiction and venue of any actions arising out of, or relating to, or in any way connected with your access and/or use of the Duber Medical website, blog,
social media, marketing or advertising shall be in Loraine County, Ohio.
NOTICES TO YOU
We may provide any notice to you under these Terms by sending a message to the email address you provide. Notices sent by email will be effective when we send the email. It is your responsibility to keep your email address current.
SEVERABILITY
If any provision of these Terms is invalid, 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.
CONTACT
Questions regarding these Terms and Conditions should be directed to:
Duber Medical, LLC
32668 Center Ridge Rd
North Ridgeville, OH 44039
1-833-977-2424
info@dubermedical.com