Terms of Use

These Terms of Use (“Terms”) constitute an agreement between you and Morpheus Holdings, Inc, dba SelectDr (“SelectDr,” “we,” or “us”) and set out certain requirements and restrictions which any visitor to https://selectdr.com (the “Website”) or any eligible person provided access by a subscriber employer (“Subscriber”) to access and use one or more SelectDr services or referral tools, including our call center services (“Services”). These Terms constitute a contract between you and us and govern your access and use of the Services, and govern your access and use of the Website, including any content, functionality, and services offered on or through the Website, whether as a guest or as a user.

PLEASE READ THESE TERMS CAREFULLY BEFORE YOU START TO USE THE WEBSITE OR SERVICES, AS THEY CONTAIN IMPORTANT INFORMATION, INCLUDING AS THEY AFFECT YOUR RIGHTS ON HOW DISPUTES BETWEEN YOU AND SELECTDR ARE RESOLVED. BY USING THE WEBSITE OR SERVICES YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND OUR PRIVACY POLICY, FOUND AT www.selectdr.com/privacy-policy, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE OR SERVICES.

These Terms refer to you as a “user,.” “you,” or “your.” If you accept these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that legal entity and, in such event, “you” and “your” will refer to that legal entity.

The Website and Services are offered and available to users who are 18 years of age or older. By using the Website or Services, you represent and warrant that you are of legal age and capacity to form a binding contract with SelectDr and meet all foregoing eligibility requirements. If you do not meet all requirements, you must not access or use the Website or Services.

SelectDr reserves the right to refuse service without prior notice to any user for any or no reason. SelectDr also reserves the right to suspend any user’s access to the Services, for any or no reason.1.   Not Medical Advice

The Website and Services are not intended to diagnose, treat, cure, or prevent any disease or medical condition. The Website and any and all information provided through the Services is made for informational purposes only and cannot, nor is intended to, replace the professional services of a physician or healthcare professional. You should always consult a physician or healthcare professional before making changes to your caregiving based on content of the Website or Services, or if you have questions about a medical condition. Never disregard professional medical advice or delay obtaining or seeking it because of information obtained through the Website or Services. SelectDr is not responsible for any health problems that may result from actions you take as a result of information you receive through the Website or Services. You agree that your use of the Website or Services is done fully at your own risk.

1. You have the right, power, and authority to provide the information contained in user submissions, and
2. that by providing such information contained in user submissions you will not violate third-party rights or applicable law, including, without limitation, privacy rights, rights of publicity, or any law or regulation limiting disclosure of individual health information.

The Website and Services, including their entire contents, features, and functionality, including, but not limited to, all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof, are owned by SelectDr, its licensors, or other providers of such material and are protected by the United States copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. SelectDr and its licensors retain all respective right, title, and interest to the Website and Services, their content, and the intellectual property rights therein. Any rights not expressly granted are reserved.

You must not, 1) modify copies of any materials from the Website or Services; 2) use any illustrations, photographs, video, audio, or any graphics separately from the accompanying text; 3) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website or Services.

You must not access or use for any commercial purposes any portion of the Website or Services, or materials available through the Website or Services, without express consent and authorization of SelectDr.

If you wish to make any use of material available on the Website or through the Services other than set out in this section, please address your request to [email protected]

Subject to your compliance with these Terms, we grant Users of the Services a limited, non-exclusive, revocable, non-transferable license, to (i) access and utilize the Services made available to you, and (ii) access and view any content to which you are permitted access. You have no right to sublicense the license rights granted in this section. You represent, warrant, and agree that you will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Website or Services, except as may be expressly permitted in these Terms.

SelectDr respects the intellectual property rights of others and users of the website are expected to do the same. We will investigate reports of alleged infringement and will take appropriate action to remove or disable access to any material found likely to be infringing.

If you believe our website (or any portion of the website) infringes upon your copyrights, please provide the following information:

• A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that has allegedly been infringed;

• A description of the copyrighted work that you believe has been infringed;

• The specific location on the Site of this allegedly infringing material;

• Your address, telephone number, and email address and any other pertinent information sufficient to allow SelectDr to contact you about the allegation;

• A statement by you that you have a good faith belief that the disputed use is not authorized by copyright owners, its agent, or the law; and

• The following statement: “I have a good faith belief that use of the copyrighted material described above is not authorized by the copyright owner or its agent, nor is such use otherwise permissible under law. I declare, under penalty of perjury, that the information presented herein is accurate, that I am authorized to represent the copyright holder, and I have a good faith belief that the use is infringing.”

Notices of claimed copyright infringement should be directed to: 1776 Peachtree Street NW, #405N, Atlanta, GA 30309] or by email at [email protected] with the subject line stating “Copyright.”

You may use the Website and Services only for lawful purposes and in accordance with these Terms. You agree not to use the Website and Services:

• In any way that violates any applicable federal, state, local, or international law, regulation, or directive, including, without limitation, any laws relating to the export of data or software to and from the Unites States or other countries.
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter” or “spam” or any other similar solicitation.
• To impersonate or attempt to impersonate SelectDr, a SelectDr employee, another user, or any other person or entity, including, without limitation, by using email addresses or screen names associated with any of the foregoing.
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or Services, or which, as determined by us, may harm SelectDr or users of the Website or Services or expose them to liability.

Additionally, you agree not to:

• Sell, trade, or transfer your access to the Services to a third-party.
• Impersonate or falsely claim to be a Subscriber or falsely represent your affiliation with an individual, entity, or Subscriber employer to gain access to the Services.
• Use the Website or Services in any manner that could disable, overburden, damage, or impair the Website or Services or interfere with any other party’s use of the Website or Services, including their ability to engage in real time activities through the Website or Services.
• Use any robot, spider, or automatic device, process, or means to access the Website or Services for any purpose, including monitoring, scraping, indexing, or copying any material on the Website or made available through the Services.
• Use any manual process to monitor or copy any of the material on the Website or made available through the Services for any unauthorized purpose without first obtaining express written consent.
• Use any device, software, or router that interferes with the proper running or provision of the Website or Services.
• Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technically or logically harmful.
• Attempt to gain unauthorized access to or interfere with, damage, or disrupt any parts of the Website or Services, the server[s] used to host the Website or Services, or any other computers, servers, services, or databases used to provide and manage the Website and Services.
• Attack the Website via a denial-of-service attack or distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website or Services, or otherwise attempt to exceed authorized permissions granted to you.

If the Website contains links to other websites or services or resources of third-parties, these links are provided for your convenience only. We do not endorse or promote any such third-party websites, resources, or services. This includes in links contained in advertisements and sponsored links. We have no control over the content of such websites, resources, or services and accept no responsibility for them or any loss or damage that may arise from your use of them. If you decide to access a third-parties website or resources linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use of such websites or resources.

SelectDr may connect, link, or transfer (“handoff”) users via the SelectDr call center to third-party providers at the user’s direction. These handoffs are provided for convenience only. We do not endorse or promote any third-party providers, their services, resources, or any other third-party provider activities.

SelectDr may communicate with you using email, telephone calls, or text messaging on a recurring basis using the contact information provided to us by the Subscriber employer, or through contact information provided by you, including your telephone number and/or email address regarding the Services.  By using the SelectDr Services you consent to receive such emails, telephone calls, or text messages on behalf of SelectDr.

You may also opt-in to receiving emails, telephone calls, or text messages on behalf of SelectDr and/or our partners and suppliers, including messages using automated dialing technology. When you opt-in, you are consenting to receiving such communications

Call, text, and email frequency will vary depending on how you engage with the Services or your transactions with us. You represent that you have permission of the account holder for the mobile telephone number(s) that you provide to opt-in to receive phone calls and/or text messages. You are responsible for notifying SelectDr immediately if you change your phone number. Message and data rates may apply. To unsubscribe to such communications, you may click the “unsubscribe” link at the bottom of the email or reply “STOP” to the text message.

You understand that text messages have inherent privacy risks, including that unencrypted text messages are not secure and could be accessed by an unauthorized party, intercepted, or altered without your knowledge or authorization. For additional information on our data collection and use, please read our Privacy Policy, which is incorporated by reference into these Terms.

IN NO EVENT WILL SELECTDR, ITS AFFILIATES OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITEOR SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

BY ACCESSING THE WEBSITEOR SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

You agree to defend, indemnify and hold harmless SelectDr, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your unauthorized use of the Website and/or Services, including, but not limited to, any use of the Website’s content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the Website or through the Services.

If You are a California resident, You waive California Civil Code Section 1542, which provides:

A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.

If You are not a California resident, You waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.

The Terms of Use and our Privacy Policy the sole and entire agreement between you and SelectDr with respect to the Website and Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the same.