Terms of service
Effective Date: 05/08/2026
The website and its associated services, features, software, and content (collectively, the "Services" or the "Website") are owned and operated by Minute Med Notes LLC ("Minute Med Notes," "we," "us," or "our"), a Texas limited liability company with its principal place of business in Houston, Texas. Minute Med Notes has adopted this Terms of Service Agreement ("Agreement") to inform you ("User(s)") of your rights and obligations when accessing or using the Services. If you do not agree with any part of this Agreement, you are expressly prohibited from using the Services and must discontinue use immediately.
PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING THE SERVICES IN ANY WAY, INCLUDING CREATING AN ACCOUNT, BROWSING THE WEBSITE, OR MAKING A PURCHASE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY.
Minute Med Notes may, from time to time and in its sole and absolute discretion, modify, update, or replace this Agreement. Subject to applicable law, in the event of any such modification, the Effective Date above will be updated. For material changes, Minute Med Notes will provide reasonable advance notice to Registered Users by email to the address associated with their Account and/or by a conspicuous notice on the Services. Your continued use of the Services after the Effective Date of any modification constitutes your acceptance of the revised Agreement. If you do not agree to the modified terms, you must discontinue use of the Services.
Definitions
As used in this Agreement:
-
"Account" means a Registered User's account with the Services.
-
"Registered User(s)" means Users who have created an Account.
-
"User(s)" means all individuals who visit or access the Services, including Registered Users.
-
"Services" means the minutemednotes.com website and any associated services, software, features, or content made available by Minute Med Notes, including its e-commerce store and all educational products offered through the same.
-
"User Generated Content" or "UGC" means any content submitted by Users through the Services, including product reviews, ratings, comments, and feedback.
-
"You / Your" refers to the individual User or entity accessing or using the Services.
About the Services
Minute Med Notes operates an e-commerce platform through which it offers educational materials focused on medical and healthcare topics, including written publications, guides, and related content. The Services are designed to provide healthcare professionals, medical students, and interested members of the public with curated educational resources, including the publication "A Visual Guide To Cardiac Critical Care" and any additional educational materials Minute Med Notes may offer from time to time. The Services are powered by Shopify, Inc.
The Services are provided for informational and educational purposes only. The educational materials and content available through the Services are designed to supplement, not replace, formal medical education, clinical training, and licensed professional guidance. Minute Med Notes does not provide medical advice, diagnosis, or treatment through the Services or through any of its publications.
Health and Educational Content Disclaimer
MINUTE MED NOTES IS NOT A LICENSED HEALTHCARE PROVIDER, MEDICAL SCHOOL, OR CLINICAL TRAINING PROGRAM, AND DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. THE EDUCATIONAL MATERIALS AVAILABLE THROUGH THE SERVICES, INCLUDING ALL PUBLICATIONS, ARE INTENDED SOLELY FOR EDUCATIONAL AND INFORMATIONAL PURPOSES AND DO NOT CONSTITUTE MEDICAL ADVICE OR CLINICAL GUIDANCE. THE CONTENT SHOULD NOT BE USED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL EDUCATION, CLINICAL TRAINING, DIRECT PATIENT CARE GUIDANCE, OR THE ADVICE OF A LICENSED HEALTHCARE PROVIDER. NO PATIENT-PROVIDER RELATIONSHIP IS CREATED THROUGH THE PURCHASE OR USE OF ANY PRODUCT AVAILABLE THROUGH THE SERVICES.
ALL CLINICAL DECISIONS SHOULD BE MADE BY APPROPRIATELY TRAINED AND LICENSED HEALTHCARE PROFESSIONALS BASED ON THE SPECIFIC CIRCUMSTANCES OF INDIVIDUAL PATIENTS. THE EDUCATIONAL CONTENT PROVIDED THROUGH THE SERVICES MAY NOT REFLECT THE MOST CURRENT CLINICAL GUIDELINES, PROTOCOLS, OR MEDICAL RESEARCH. MINUTE MED NOTES MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, CURRENTNESS, OR CLINICAL APPLICABILITY OF ANY CONTENT AVAILABLE THROUGH THE SERVICES.
Warranties and Representations
By accessing or using the Services, you represent, warrant, and agree to the following:
You have the legal right and capacity to enter into this Agreement and to comply with its terms. You represent that you are a human individual who is at least eighteen (18) years of age. If you are between the ages of thirteen (13) and eighteen (18), you may only access and use the Services under the supervision of a parent or legal guardian who accepts this Agreement on your behalf. You further represent that you are not prohibited from entering into this Agreement by any applicable law or by any pre-existing agreement.
All information you submit to the Services is, to the best of your knowledge, current, accurate, and complete. You agree to promptly update such information if it becomes outdated or incorrect. You acknowledge that the submission of false, misleading, or incomplete information may result in suspension or termination of your access to the Services.
You agree to use the Services only in accordance with all applicable local, state, national, and international laws, rules, and regulations, including but not limited to those relating to intellectual property, privacy, data protection, consumer protection, and export control. You will not use the Services in any manner that infringes upon, misappropriates, or otherwise violates the rights of any third party. You will not access the Services through automated or non-human means.
You acknowledge that the Services are operated within the United States and are not intended for access or use from jurisdictions where such access or use is unlawful. You are solely responsible for determining whether your use of the Services is lawful in your jurisdiction and agree to use the Services entirely at your own risk if accessing from outside the United States. If you access the Services from outside the United States, you consent to the transfer, storage, and processing of your data in the United States.
You represent that you are not a resident of, or otherwise accessing the Services from, any jurisdiction subject to comprehensive U.S. trade sanctions or export restrictions, including but not limited to Cuba, Iran, North Korea, Syria, or the Crimea region. You also represent that you are not listed on any U.S. government list of prohibited or restricted parties, including the Specially Designated Nationals and Blocked Persons List (SDN List), and are not using the Services for the benefit of any such person or entity.
Minute Med Notes reserves the right, but not the obligation, to monitor the Services for violations of this Agreement, to take appropriate legal action against anyone who violates this Agreement (including reporting such User to law enforcement authorities), and to otherwise manage the Services in a manner designed to protect Minute Med Notes's rights and property and to facilitate the proper functioning of the Services.
Accounts
Account Creation
To access certain features of the Services, including purchasing products or submitting reviews, you may be required to register an Account using a valid email address or other authentication method provided at registration. You represent that all information you provide during registration is accurate, current, and complete, and you agree to maintain and promptly update such information. Minute Med Notes reserves the right to suspend or terminate any Account containing false or misleading information.
Account Security
You are solely responsible for maintaining the confidentiality and security of your Account credentials. You agree not to share your password or login credentials with any third party. You accept full responsibility for all activity that occurs under your Account, whether or not authorized by you. In the event of unauthorized access to your Account, you must immediately notify us at support@minutemednotes.com.
Account Suspension and Termination
Minute Med Notes reserves the right, in its sole discretion and without prior notice or liability, to suspend, restrict, or permanently terminate your Account for any reason, including but not limited to: (a) violation of any provision of this Agreement; (b) submission of false, misleading, or fraudulent information; (c) age-ineligibility; (d) upon receipt of a verified report of prohibited conduct; (e) repeated violations of content or community standards; or (f) conduct that Minute Med Notes determines, in its reasonable judgment, is harmful to the Services, other Users, or third parties. If your Account is terminated, you are permanently prohibited from registering a new Account without Minute Med Notes's prior written consent. Minute Med Notes reserves the right to take appropriate legal action, including pursuing civil, criminal, and injunctive redress.
Account Cancellation
Registered Users may cancel their Account from within their Account settings or by contacting us. If a Registered User cancels their Account, Minute Med Notes is under no obligation to preserve their data for any length of time and will not be responsible for any loss of data. Minute Med Notes recommends that Registered Users maintain their own backup of information submitted to the Services.
Minimum Age; Children's Privacy
The Services are intended for use by adults. You must be at least eighteen (18) years of age to create an Account or use the Services. Minute Med Notes does not knowingly permit individuals under the age of 18 to use the Services. By creating an Account or using the Services, you represent and warrant that you are at least 18 years old. The Services are not directed to persons under the age of eighteen (18), and Minute Med Notes will not knowingly collect personally identifiable information from children under the age of eighteen (18). If Minute Med Notes inadvertently collects such personally identifiable information, it will be deleted in accordance with applicable law and our Privacy Policy.
Beta Services; Maintenance
Minute Med Notes may, from time to time, offer access to features or versions of the Services that are classified as beta ("Beta Services"). Minute Med Notes makes no representations that any Beta Services will ever be made generally available and reserves the right to discontinue or modify any Beta Services at any time without notice. Beta Services are provided AS IS and may contain bugs, errors, or other defects. Your use of any Beta Services is at your sole risk.
Minute Med Notes will make commercially reasonable efforts to maintain access to the Services. However, Minute Med Notes may suspend, restrict, or disable access to the Services or any part thereof at any time and without notice, including for maintenance, updates, security patches, or events beyond its control, such as network failures, third-party service outages, force majeure events, legal or compliance obligations, or denial-of-service attacks. Minute Med Notes makes no guarantees regarding the availability, uptime, or uninterrupted access to the Services, and shall not be liable for any loss, damage, or inconvenience suffered as a result of any downtime, delay, or unavailability.
Ownership of Services and License
Proprietary Rights
You acknowledge and agree that Minute Med Notes LLC is the sole and exclusive owner of, or otherwise possesses valid rights in and to, the Services and all elements thereof, including but not limited to the codebase, software architecture, content, educational publications (including without limitation A Visual Guide To Cardiac Critical Care and any other works authored or published by Minute Med Notes), APIs, documentation, interfaces, text, design, artwork, graphics, look and feel, layout, and all content, trade dress, and branding. The Services are protected by U.S. and international laws, including but not limited to those relating to copyright, trademark, trade secret, and other intellectual property rights. You are expressly prohibited from reproducing, distributing, publicly displaying, publicly performing, preparing derivative works of, or otherwise exploiting any content available through the Services, in whole or in part, without the prior written consent of Minute Med Notes.
License to Users
Minute Med Notes hereby grants you a limited, non-exclusive, non-sublicensable, royalty-free, non-assignable, and revocable license to access and use the Services for its customary and intended purposes, in accordance with this Agreement. This license does not include the right to: (a) resell or commercially exploit the Services or any content or product available thereon; (b) create derivative works of or based on any content available through the Services; (c) use data mining, robots, scrapers, or similar extraction tools; (d) reverse engineer, decompile, or disassemble any portion of the Services; (e) use the Services for benchmarking, competitive intelligence, or to develop any competing product or service; or (f) use the Services for any purpose not expressly authorized herein. Violation of the terms of this Agreement will result in the termination of this license. All rights not expressly granted herein are reserved to Minute Med Notes.
Intellectual Property
All trademarks (common law or registered), copyrights (common law or registered), and proprietary rights in and to the Services and all content available therein, including all educational publications, are the property of Minute Med Notes LLC. All photographs and images featured on the Services are copyrighted and owned by Minute Med Notes or used with applicable licenses, unless otherwise stated. The Services, including their look and feel, color selections, layout, and arrangement, constitute the trade dress of Minute Med Notes. You are prohibited from using Minute Med Notes's trademarks, service marks, or trade dress, or any colorable imitation thereof, without prior written consent of Minute Med Notes.
Website Use and Your Responsibilities
You may use the Services only as expressly permitted under this Agreement and solely for their intended purpose. You understand and agree that the Services are provided "AS IS" and "AS AVAILABLE," and may be updated, modified, suspended, or discontinued at any time, in whole or in part, without notice and without liability. Users are solely responsible for their use of the Services and shall abide by, and ensure compliance with, all applicable laws in connection with such use, including, but not limited to, laws related to intellectual property, privacy, data protection, consumer protection, and export control.
When contacting Minute Med Notes or creating an Account through the Services, you are agreeing to receive email notifications from Minute Med Notes and other third parties as described in our Privacy Policy. Marketing email notifications contain an unsubscribe feature that allows you to opt out from future marketing communications.
You have a duty to ensure that the information provided through the Services and within your Account is truthful, current, complete, and accurate. You agree to an ongoing duty to update and keep current the information provided through the Services if and when that information changes. Minute Med Notes reserves the right to restrict access to, monitor, suspend, disable, or delete Users' information at any time, in its sole discretion, and without prior warning.
User Generated Content
Ownership; License Grant
Except as otherwise licensed herein, you own all rights in and to your User Generated Content. By submitting User Generated Content to the Services, you grant Minute Med Notes a non-exclusive, irrevocable, royalty-free, worldwide, sublicensable, and perpetual license to use your User Generated Content for the customary and intended purposes of the Services and any purpose related thereto, including, without limitation, to reproduce, prepare derivative works, distribute copies, perform, display, research, use, and otherwise exploit any of the User Generated Content. These purposes include, but are not limited to: providing you or third parties with the Services or associated services; improving the Services; archiving or making backups of the Services; and marketing and promotional uses in connection with Minute Med Notes's products. This license expressly includes the right for Minute Med Notes to use your name and likeness in connection with your User Generated Content (such as displaying your review name publicly). You agree to waive all moral rights in and to your User Generated Content across the world. By submitting User Generated Content to the Services, you further agree to waive all rights of publicity or privacy with respect to the User Generated Content submitted.
Your Representations and Warranties
You represent and warrant that: (a) you own or have all necessary rights, licenses, and permissions to submit such content; (b) the content does not infringe upon the intellectual property rights, privacy rights, or any other rights of any third party; (c) the content does not contain material that is false, misleading, defamatory, obscene, harassing, threatening, or unlawful; (d) the content complies in all respects with this Agreement and all applicable laws; and (e) you have obtained all necessary consents from any third parties depicted or identified in your User Generated Content.
Reviews and Feedback
If you submit reviews through the Services, you agree that such reviews will be based on your firsthand, genuine experience with the product, will not contain offensive, discriminatory, or unlawful content, and will not be part of any coordinated campaign to artificially influence ratings or feedback. Any feedback, suggestions, ideas, or other submissions you provide to Minute Med Notes regarding the Services shall be deemed non-confidential and become the exclusive property of Minute Med Notes. You hereby assign all rights in such submissions to Minute Med Notes and waive any moral rights therein.
Moderation; Removal Rights
Minute Med Notes has no obligation to monitor, review, or pre-screen any User Generated Content. However, Minute Med Notes reserves the right, but not the obligation, to remove, edit, block, or refuse any User Generated Content at any time and for any reason, in its sole discretion, without notice or liability. Minute Med Notes also reserves the right to terminate a User's access to the Services for repeatedly infringing on the intellectual property or other rights of third parties or otherwise violating the terms of this Agreement.
Electronic Communications
Visiting the Services or making any contact to Minute Med Notes or through the Services shall constitute electronic communications. You consent to receive electronic communications from Minute Med Notes, including via email, in-app message, or other electronic means. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the Services satisfy any legal requirement that such communications be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
Pricing
Prices for any products or services available through the Services are subject to change at any time without notice. Minute Med Notes reserves the right to revise, suspend, or discontinue any aspect of its Services, including pricing, at any time, in its sole discretion. We shall not be liable to you or to any third party for any such modification, suspension, price change, or discontinuation. In the event that any product is listed at an incorrect price due to typographical error, miscommunication from third-party providers, or technical malfunction, Minute Med Notes reserves the right to cancel or refuse any associated transaction, even if the order has been confirmed and payment has been processed. If payment has already been collected for a canceled transaction, you will receive a refund equal to the amount of the incorrect price. All pricing is listed in U.S. Dollars (USD). Fees are generally non-refundable, except in the limited circumstances expressly described in this Agreement.
Payment for Purchases
By submitting payment through the Services, you agree to be bound by the applicable pricing and billing terms presented at checkout. You represent and warrant that: (a) all payment information you provide is current, accurate, and complete; (b) all charges incurred by you will be honored by your credit card company, debit card company, payment processor, or bank; (c) you will pay all amounts due, including any applicable taxes or transaction fees; and (d) you are authorized to use the payment method submitted.
Minute Med Notes uses Shopify and Shopify's payment processing partners to facilitate transactions. By completing a purchase through the Services, you are agreeing to Shopify's applicable terms of service. You acknowledge and agree that your payment information may be shared with such providers solely for purposes of completing the transaction. Minute Med Notes disclaims any liability for issues arising from delays, failures, or errors caused by third-party payment platforms.
You are solely responsible for paying any and all taxes, duties, or other fees imposed by applicable law in connection with your purchase of products through the Services.
Product Sales and Availability
All prices displayed on the Services are quoted in U.S. Dollars and are valid and effective only in the United States. Minute Med Notes reserves the right without prior notice to discontinue or change specifications on products offered through the Services without incurring any obligation. The purchase of any products or services is subject to Minute Med Notes's refund policy described below.
Minute Med Notes reserves the right, at its sole discretion, to refuse or cancel any order for any reason. If any order is canceled, you will be notified and all payments made will be refunded. Delivery of physical products to a carrier at Minute Med Notes's shipping point shall constitute delivery to you. All risk of loss or damage in transit shall be borne by you upon delivery to the carrier. Claims for shortages or other errors in delivery must be made promptly after receipt of shipment. Minute Med Notes shall not be liable for any damages as a result of any delay or failure to deliver due to any cause beyond Minute Med Notes's control, including without limitation any act of God, act of User, embargo or other government act, regulation or request, fire, accident, strike, slowdown, war, riot, act of terrorism, or delays by Minute Med Notes's suppliers.
Refund Policy
Refunds and returns are governed by our Refund Policy, available at https://minutemednotes.com/policies/refund-policy, which is incorporated into and made part of this Agreement by reference. By using the Services or purchasing any products, you acknowledge that you have reviewed and agree to the Refund Policy. In the event of any conflict between this Agreement and the Refund Policy with respect to refunds, returns, or exchanges, the Refund Policy shall control.
Prohibited Uses
You expressly agree that you will not use the Services to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for any use outside the customary and intended purposes of the Services. Specifically, you are prohibited from:
Posting or transmitting content that:
-
Infringes upon the intellectual property rights of others, including posting or sharing content that belongs to someone else;
-
Uses the name, image, or likeness of any individual without their express consent;
-
Discloses confidential information obtained through use of the Services;
-
Disparages, tarnishes, or otherwise personally attacks other Users or company staff;
-
Threatens or encourages bodily harm and/or destruction of property, or is offensive, defamatory, derogatory, pornographic, or obscene;
-
Promotes hate, violence, harassment, stalking, discrimination, terrorism, or intolerance of any kind;
-
Incites any illegal activity;
-
Impersonates another person or entity, or is fraudulent, inaccurate, or misleading;
-
Constitutes an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter;
-
Intends to collect personal or personally identifiable information from others; or
-
Violates any term or condition of this Agreement;
Or otherwise:
-
Selling, transferring, or sublicensing your Account or any rights under this Agreement;
-
Using automated tools, bots, scripts, scrapers, spiders, crawlers, or other non-human means to access or interact with the Services;
-
Attempting to circumvent, disable, or interfere with any security, access control, or authentication features of the Services;
-
Imposing a disproportionate or unreasonable load on the Services' infrastructure or servers;
-
Reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code or underlying structure of any portion of the Services;
-
Framing, mirroring, or embedding the Services within any other website or application without prior written consent;
-
Using the Services for benchmarking, competitive intelligence, or to develop any product or service that competes with the Services;
-
Attempting to access another User's Account or any non-public portion of the Services;
-
Using the Services or its content for any revenue-generating or commercial purpose unless expressly authorized;
-
Uploading or transmitting spyware, viruses, malware, web bugs, passive data collection tools, or other harmful or disruptive code;
-
Harassing, intimidating, or threatening company personnel, contractors, or other Users;
-
Using the Services or any content available therein to train, fine-tune, or evaluate any artificial intelligence or machine learning model without prior written consent of Minute Med Notes;
-
Reproducing, copying, distributing, reselling, or otherwise exploiting any educational materials or publications available through the Services without prior written consent; or
-
Suggesting or implying an affiliation with or endorsement by Minute Med Notes that does not exist.
If you encounter content or behavior that you believe violates this Agreement, you may report it to Minute Med Notes at support@minutemednotes.com.
Copyright Policy and DMCA
The Services and all Minute Med Notes-owned content are © 2026 Minute Med Notes LLC. All rights reserved. Minute Med Notes respects the intellectual property rights of others and is committed to helping third parties protect their rights. Users are prohibited from posting content that violates another party's intellectual property rights.
If you believe that a user of the Services has infringed upon your copyright rights, please provide Minute Med Notes with a notice of copyright infringement in compliance with § 512 of the Digital Millennium Copyright Act (DMCA). Once Minute Med Notes receives a notice of copyright infringement in compliance with § 512, we will act with commercial reasonableness to remove or disable access to the allegedly infringing content. Minute Med Notes will also make a good faith attempt to notify the owner or uploader of the allegedly infringing content.
The notice of copyright infringement must contain the following:
-
The physical or electronic signature of a person authorized to act on behalf of the copyright owner;
-
Identification of the copyrighted work(s) alleged to have been infringed;
-
The location of the allegedly infringing content on the Services;
-
Your contact information, including an address, telephone number, or email address;
-
A statement that you have a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law; and
-
A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.
Conversely, if you are a Services user that believes that content subject to a notice of copyright infringement was not actually infringing, you may submit a counter-notification containing the following:
-
Identification of the specific materials that have been removed from the Services;
-
Your contact information, including an address, telephone number, or email address;
-
A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of mistake or misidentification;
-
A statement that you consent to the jurisdiction of the federal district court for the district in which your address is located, or, if outside the United States, the jurisdiction of the federal courts located in the Southern District of Texas;
-
A statement that you will accept service of process from the notifying party; and
-
Your physical or electronic signature.
Notifications of copyright infringement and counter-notifications may be submitted to:
support@minutemednotes.com
Minute Med Notes will terminate the Accounts of Users who are determined to be repeat copyright infringers, in accordance with 17 U.S.C. § 512(i).
Mobile Devices
The Services are accessible via mobile device. To the extent you access the Services through a mobile device, your wireless carrier's standard charges, rates, and fees may apply. Minute Med Notes is not responsible for any data usage, roaming charges, or mobile-related fees or errors that occur while accessing the Services via mobile device.
Section 230 of the Communications Decency Act
You acknowledge and agree that Minute Med Notes is an interactive computer service provider under Section 230 of the Communications Decency Act. Though Minute Med Notes may edit, remove, or control the content displayed through the Services, you agree that Minute Med Notes will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the Services or otherwise. You acknowledge and agree that Minute Med Notes is not responsible for, and does not endorse, any content embedded in or linked to through the Services, even if such content remains accessible via the Services.
Third-Party Services and Links
The Services may contain links to, or integrate with, third-party websites, applications, or services that Minute Med Notes does not own or control, including third-party e-commerce tools, payment processors, and social media platforms. You agree that Minute Med Notes will not be held responsible or liable for the content of third-party websites, applications, or services, and that Minute Med Notes's inclusion of those websites, applications, or services within its Services does not constitute Minute Med Notes's endorsement of, recommendation of, or affiliation with any of those websites, applications, or services.
From time to time, Minute Med Notes may refer to commercial products, processes, services, experts, and/or websites. Any such reference is not intended to be an endorsement or statement that the information provided by the other party is accurate.
Disclaimer of Warranties
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT MINUTE MED NOTES DOES NOT GUARANTEE THE ACCURACY, SAFETY, INTEGRITY, OR QUALITY OF THE SERVICES AND YOU HEREBY AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH USE OF THE SERVICES, INCLUDING ANY RELIANCE ON THE SERVICES OR ON ANY EDUCATIONAL CONTENT OR PUBLICATIONS AVAILABLE THROUGH THE SERVICES. MINUTE MED NOTES DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES. MINUTE MED NOTES PROVIDES THE SERVICES ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, OR QUALITY.
MINUTE MED NOTES WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR: (A) ANY CONTENT POSTED ON THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY ADVICE OR MARKETING PROVIDED BY ANY THIRD PARTY; (B) ANY THIRD-PARTY LINKS POSTED ON THE SERVICES; (C) ANY CONTENT TRANSMITTED THROUGH THE SERVICES; (D) ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DESTRUCTION OF IDENTITY; OR (E) NETWORK, INTERNET, COMPUTER, HARDWARE, OR SOFTWARE PROGRAM MALFUNCTIONS, FAILURES, DELAYS, OR DIFFICULTIES WITH THE SERVICES AT ANY TIME. MINUTE MED NOTES RESERVES THE RIGHT TO DISCONTINUE THE SERVICES AT ANY TIME.
SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS UNDER APPLICABLE LAW.
Limitation of Liability
MINUTE MED NOTES WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE SERVICES OR PRODUCTS AVAILABLE THEREON, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, OR EXEMPLARY DAMAGES.
YOU UNDERSTAND AND AGREE THAT THE MAXIMUM AMOUNT THAT MINUTE MED NOTES CAN BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCE IS THE AMOUNT THAT YOU PAID, IF ANY, FOR PRODUCTS OR SERVICES THROUGH THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, AND IN NO CASE WILL THAT AMOUNT EXCEED $100.00 USD. IF NO AMOUNT IS PAID BY YOU TO MINUTE MED NOTES, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.
THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. MINUTE MED NOTES IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW.
Indemnification
You agree to hold harmless, indemnify, and defend Minute Med Notes LLC, its officers, employees, agents, successors, and assigns, from and against any third-party claims, demands, losses, damages, and actions, and reasonable attorneys' fees and costs incurred in connection therewith, to the extent arising out of or related to: (a) your User Generated Content; (b) your breach of any representation, warranty, or covenant in this Agreement; (c) your violation of any applicable law, statute, ordinance, regulation, or treaty; or (d) your violation of the rights of a third party, including any intellectual property or privacy right. This indemnity does not apply to the extent any such claim arises from the gross negligence or willful misconduct of Minute Med Notes.
Your obligation to defend Minute Med Notes under the terms of this Agreement will not provide you with the right to control Minute Med Notes's defense, and Minute Med Notes reserves the right to control its defense and choose its counsel regardless of your contractual requirement to indemnify Minute Med Notes. This indemnification obligation survives termination of this Agreement.
Term and Termination
This Agreement will remain in full force and effect so long as the Services are in operation. Minute Med Notes may terminate this Agreement without liability at any time, without notice, and for any reason, including but not limited to for your violation of a term or condition of this Agreement. Upon termination of this Agreement, your right to use the Services will immediately cease. Minute Med Notes will have no obligation to maintain or preserve any Account data, submissions, or transaction history following termination, except as required by law or our Privacy Policy.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT PRIOR NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THIS AGREEMENT OR OF ANY APPLICABLE LAW OR REGULATION.
Termination does not relieve you of any obligations accrued prior to termination. The following provisions of this Agreement survive termination: Ownership of Services and License, Intellectual Property, User Generated Content, Copyright Policy and DMCA, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, and Resolution of Disputes via Arbitration.
No Assignment
You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. Minute Med Notes may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Services or a change of control transaction.
Governing Law
This Agreement will be interpreted, governed, construed, and enforced in accordance with the laws of the United States of America and the State of Texas without giving effect to any conflicts of laws principles. The parties submit to and agree to personal jurisdiction in Texas, with venue proper in Houston, Harris County, Texas. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Service.
Resolution of Disputes via Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND YOUR RIGHT TO A JURY TRIAL.
(a) Applicability of Arbitration Agreement
Except as otherwise specifically provided herein, any dispute, controversy, or claim, whether at law or equity, arising out of or relating in any way to this Agreement and use of the Services, including the breach, termination, enforcement, interpretation, or validity of this Agreement and the determination of the scope or applicability of this Arbitration Agreement, shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and Minute Med Notes, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns of either party, as well as all authorized or unauthorized users or beneficiaries of the Services.
(b) Informal Dispute Resolution
Before any party may seek arbitration, the party must first send to the other party a written Notice of Dispute ("Notice") describing the nature and basis of the claim or dispute and the requested relief. Any Notice to Minute Med Notes shall be sent to: support@minutemednotes.com / 17350 State Highway 249, Ste 220 #31753, Houston, TX 77064. After Notice is received, the parties shall attempt to resolve the claim or dispute informally for a period of thirty (30) calendar days. If the dispute is not resolved within that period, either party may begin an arbitration proceeding.
(c) Arbitration Rules; FAA Governance
This Arbitration Agreement is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1–16 ("FAA"). Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (for consumer disputes) or Commercial Arbitration Rules (for non-consumer disputes), as applicable and as amended from time to time (the "AAA Rules"). The AAA Rules are available online at www.adr.org or by calling 1-800-778-7879. Where any provision of this Agreement conflicts with the AAA Rules, the AAA Rules shall govern, except where the AAA Rules provide a non-waivable consumer protection, in which case the AAA Rules shall control on that specific point only.
(d) Delegation
The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration shall be binding with no right of appeal.
(e) Arbitrator; Location; Format
The arbitration shall be conducted before a single, neutral arbitrator selected in accordance with the AAA Rules. The arbitration shall be held in Houston, Texas, unless otherwise agreed by the parties in writing. For claims under $10,000, you may elect to conduct the arbitration by telephone, videoconference, or written submissions only, and Minute Med Notes will not object to that election. The arbitrator shall apply the substantive law of the State of Texas and applicable federal law of the United States, without regard to conflict of law principles. The arbitrator shall have authority to award any relief that a court could award, including monetary damages and any non-monetary remedy or relief available to an individual under applicable law. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions. The decision of the arbitrator shall be final and binding on both parties and may be entered as a judgment in any court of competent jurisdiction.
(f) Fees
Filing and arbitrator fees shall be allocated in accordance with the AAA Rules. Minute Med Notes will pay all AAA filing, administration, and arbitrator fees for any arbitration it initiates. For arbitrations initiated by you, Minute Med Notes will pay all fees that exceed what you would pay to file a comparable claim in a court of general jurisdiction in your state of residence, provided the claim is not frivolous as determined by the arbitrator under applicable law. If the arbitrator determines that any claim you assert is frivolous or brought for an improper purpose under Federal Rule of Civil Procedure 11(b), the arbitrator may require you to reimburse Minute Med Notes for all fees incurred in connection with that claim, including reasonable attorneys' fees. Each party shall otherwise bear its own attorneys' fees and costs unless otherwise required by law or determined by the arbitrator.
(g) Waiver of Trial; Class Action Waiver
THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICES FOR PERSONAL, COMMERCIAL, OR OTHER PURPOSES, ALL CLAIMS AND DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER INCLUDES, BUT IS NOT LIMITED TO, CLAIMS INVOLVING CLASS ARBITRATION. UNLESS MINUTE MED NOTES AND YOU AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. MINUTE MED NOTES AND YOU AGREE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON YOUR INDIVIDUAL CLAIM(S). MINUTE MED NOTES AND YOU ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO BRING, JOIN, OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND AS A PLAINTIFF OR CLASS MEMBER.
(h) Mass Arbitration Batching
If twenty-five (25) or more similar demands for arbitration are filed against Minute Med Notes by or with the assistance of the same law firm or organized group, and the demands raise substantially similar claims, the AAA shall administer the demands in accordance with its Mass Arbitration Supplementary Rules, or if no such rules apply, the parties agree to negotiate in good faith a batching protocol for sequential or grouped resolution of those demands. This provision is intended to prevent abuse of the arbitration process and shall be enforced to the fullest extent permitted by law.
(i) Confidentiality
All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by applicable law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
(j) Injunctive and Equitable Relief; IP Carve-Out
Notwithstanding the foregoing, either party may seek temporary restraining orders, preliminary injunctions, or other provisional equitable relief in a court of competent jurisdiction to prevent irreparable harm or to protect intellectual property rights pending resolution of the underlying dispute in arbitration. Either party may bring a claim in court seeking to enforce or protect its intellectual property rights, or seeking injunctive relief.
(k) Small Claims Court
Notwithstanding anything to the contrary in this Arbitration Agreement, either party may bring an individual action in small claims court.
(l) Opt-Out Right
You may opt out of this Arbitration Agreement by sending written notice to support@minutemednotes.com within thirty (30) days of the date you first agree to this Agreement. Your notice must include your name, the email address associated with your Account, and a clear statement that you are opting out of arbitration. If you opt out, neither you nor Minute Med Notes will be bound by this Arbitration Agreement, but all other provisions of this Agreement will remain in full force and effect.
(m) Limitation on Actions
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MINUTE MED NOTES AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OR THE SHORTEST PERIOD PERMITTED BY APPLICABLE LAW IF LONGER. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN THAT PERIOD WILL PERMANENTLY BAR ANY AND ALL RELIEF, EXCEPT WHERE APPLICABLE LAW PROHIBITS THE SHORTENING OF THE LIMITATIONS PERIOD.
(n) Survival; Severability
This Arbitration Agreement will survive the termination of your relationship with Minute Med Notes. If any part or parts of this Arbitration Agreement are found to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of this Arbitration Agreement shall continue in full force and effect. If the class action waiver is found to be unenforceable in a particular proceeding, the entirety of the Arbitration Agreement shall be null and void with respect to that proceeding only, and that proceeding may proceed in a court of competent jurisdiction.
Miscellaneous
Severability
If any provision of this Agreement is found to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it enforceable, or if that is not possible, deemed severed from this Agreement, and the remaining provisions shall remain in full force and effect.
No Waiver
No term or provision of this Agreement will be deemed to have been waived, and no breach will be deemed to have been consented to, unless such waiver or consent is in writing and signed by the party to be charged.
Construction; Force Majeure
This Agreement shall not be construed against Minute Med Notes as the drafter. Minute Med Notes shall not be liable or responsible for any failure or delay in performance resulting from any cause beyond its reasonable control, including acts of God, natural disasters, governmental actions, strikes, labor disputes, internet or telecommunications failures, or other force majeure events. Nothing in this Agreement shall be construed to create a joint venture, partnership, employment, or agency relationship between you and Minute Med Notes.
Integration
Minute Med Notes hereby incorporates its Privacy Policy and any other policies or operating rules posted on the Services or in respect to the Services into this Agreement. This Agreement and its incorporated policies constitute the entire agreement between the parties with respect to the use of the Services.
Reservation of Rights
Minute Med Notes hereby reserves all rights not expressly granted herein.
California Residents Notice
In accordance with California Civil Code Section 1789.3, Users resident in California using the Services may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
Child Online Privacy Protection Act
The Services are not directed to persons under the age of eighteen (18), and Minute Med Notes will not knowingly collect personally identifiable information from children under the age of eighteen (18) for the creation of User Accounts. If Minute Med Notes inadvertently collects such personally identifiable information outside of the purposes of the Services, Minute Med Notes will delete the personally identifiable information in accordance with its security protocols and applicable law.
Notice
Any notice required by this Agreement must be in writing and must be sent to:
Minute Med Notes LLC
17350 State Highway 249, Ste 220 #31753
Houston, TX 77064-1132
support@minutemednotes.com
This Agreement is enforced by the internet lawyers of Traverse Legal, PLC.