Terms of Use

Convey Pro, Inc. (“Convey Pro,” “we,” “us,” or “our”) oversees this website, conveymd.com/ (“Site”) and all related services (collectively, our “Services”). These Terms of Use (“Terms”) are applicable to you (“user(s),” “you,” or “your”) and govern your access to and use of Convey Pro’s Services, as well as any information, text, graphics, photos, or other material uploaded, downloaded or appearing on the Services.  The Terms contained herein apply to all users of this Site and our Services.

 

Read these Terms carefully before you begin using the Services.  BY CHECKING THE BOX, ENTERING, ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THE SITE, ITS SERVICES, AND THE CONTENT AVAILABLE HEREIN, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS.

 

Convey Pro makes no representation or warranty of any kind that use of this Site outside of the United States is lawful or permissible. Those who access this Site from other jurisdictions are responsible for their compliance with local laws pertaining to the use of this Site.

 

Note that these Terms may be updated from time to time, and any user’s continued use of this Site after we have made updates to the terms is considered acceptance of those updates.  For clarity, all updates are effective immediately when posted.  It is your responsibility to check these Terms periodically for updates.

 

Access to and Use of this Site and the Services.  

When you request information or otherwise communicate with Convey Pro on or in connection with our Services, you may be required to provide your first and last name, zip code, and email address, as well as other personally identifiable information (“Personal Data”).  By providing such information, you acknowledge and agree that we may, and you specifically authorize us or permitted third parties to, process all transactions related to these Services and its operation, including without limitation, support and/or registration.  You agree to pay all fees and charges, including applicable taxes and surcharges, incurred through your activity on or through these Services.

 

  • Registration and Security. You agree, represent, warrant, and guarantee that all Personal Data provided by you, either through our Services or when communicating with a Convey Pro representative, is true, accurate, complete, up-to-date, and solely yours.  You may not impersonate, imitate, or pretend to be somebody else when registering for our Services or making a purchase.  


  • Limitations on Use.  The Services may be used and accessed for lawful purposes only.  You agree to abide by all applicable local, state, national, and foreign laws, treaties, and regulations in connection with your use of the Services and their content.  In addition, without limitation, you agree that you will not do any of the following while using or accessing the Services: 
    1. Rent, lease, lend, sell, sublicense, assign, distribute, re-distribute, publish, transfer, or otherwise make available the Services, or any features or functionality of the Services, to any third party for any reason, including but not limited to, making the Services available on a network where it is capable of being accessed by more than one (1) Mobile Device at any time;
    2. In any manner transmit or submit any content to which you do not have the lawful right to copy, transmit, and display (including any content that would violate any confidentiality or fiduciary obligations that you might have with respect to the content);
    3. In any manner transmit or submit any content that infringes the intellectual property rights or violates the privacy rights of any third party (including, without limitation, copyright, trademark, patent, trade secret, or other intellectual property right, or moral right, or right of publicity);
    4. In any manner transmit or submit harmful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, obscene, indecent, vulgar, lewd, violent, hateful, or otherwise objectionable content or material;
    5. Copy, reproduce, republish, upload, post, transmit, or distribute the Site, the Services, or any content thereof; 
    6. Share or sell information derived from or related to the Services, the Site, or any content thereof;
    7. Modify, translate, alter, adapt, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), reproduce, distribute, or display, or create derivative works, compilations, or collective works based on the Services, the Site, or any content thereof;
    8. Knowingly or negligently permit other individuals or entities to use or copy the Service or “frame” or “mirror” the Service on any other server or wireless or Internet-based device;
    9. Circumvent, disable, or otherwise interfere with security-related features on the Services or features that prevent or restrict use or copying of any content;
    10. Use the Services to collect or store Personal Data about other users;
    11. Knowingly include or use any false or inaccurate information in any information form;
    12. In any way transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes,” or any other form of solicitation, as well as viruses or other computer code that may interrupt, destroy, limit the functionality of the Services, or interfere with the access of any other user to the Services;
    13. Attempt to probe, scan, or test the vulnerability of any system or network operated by us, or breach or impair or circumvent any security or authentication measures protecting the Services;
    14. Attack the Services via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of the Services, or transmit or upload any material to the Services that contains viruses, Trojan horses, worms, time bombs, or any other harmful or deleterious programs; 
    15. Attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to discover or determine the source code of any software or any proprietary algorithm used to provide the Services;
    16. Use the Services in any way that competes with us; or
    17. Encourage, collaborate, or instruct any other person or entity to do any of the foregoing.

ANY ATTEMPT TO DO ANY OF THE FOREGOING PROHIBITED ACTS OR TO OTHERWISE UNDERMINE THE OPERATION OF THE SERVICES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW.  SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT, IN ADDITION TO OUR OTHER REMEDIES, TO SEEK DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW. 

 

We reserve the right, in our sole discretion, to audit or otherwise monitor any communication transmitted using the Services.  We further reserve the right at all times to review, retain, and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process, governmental request, or business assessment.  NOTWITHSTANDING THE FOREGOING, WE HEREBY DISCLAIM ANY OBLIGATION TO MONITOR USE OF THE SERVICES OR TO RETAIN THE CONTENT ON THE SERVICES UNLESS OTHERWISE AGREED OR REQUIRED BY LAW.

 

  • User Feedback and Suggestions.  All feedback, suggestions, ideas, and other submissions disclosed, submitted, or offered to Convey Pro or otherwise disclosed, submitted, or offered concerning the Services in connection with your use of the Services  (collectively, “Feedback”) will be Convey Pro property.  Such disclosure, submission, or offer of any Feedback will constitute an assignment to Convey Pro of all worldwide rights, titles, and interests in all copyrights and other intellectual property in the Feedback. Convey Pro will be under no obligation to (i) maintain any Feedback in confidence; (ii) pay any compensation for any Feedback; or (iii) respond to any Feedback.


  • Updates and Outages. It may be necessary for Convey Pro to perform scheduled or unscheduled repairs, maintenance, or upgrades and such activities may temporarily degrade the quality of the Services or result in a partial or complete outage of the Services.  Convey Pro provides no assurance that you will receive advance notification of such activities or that the Services will be uninterrupted or error-free.  Any degradation or interruption of the Services will not give rise to a refund or credit of any fees paid by you.


  • Links to Third-Party Websites. The Services may contain links to other websites on the Internet, which are not maintained by us.  When you leave the Services, you do so at your own risk.  By providing a link to a third-party website, we are not endorsing or attempting to associate with any other entity.  Other websites are not under our control, and you acknowledge that we shall not be responsible or liable for any of the text, images, videos, or any other content or information from a third-party website.  You also acknowledge that we shall not be responsible or liable for any damage or loss caused or alleged to be caused by, or in connection with, your reliance on any information, any good, any service, or any other material provided through a third-party website.


  • Reliance on Information Posted.  We reserve the right to modify the Services and any content or information therein, whether posted by or supplied by you or us, at any time, in our sole discretion, without notice.  Convey Pro is not responsible for any content on the Services, including without limitation, the content of any podcasts or any information contained therein, and you assume any and all risk for decisions based on information contained within the Services. We do not warrant the accuracy, completeness, or usefulness of this information.  Any reliance you place, or decisions you make, on such information is strictly at your own risk.  We disclaim all liability and responsibility arising from any reliance placed on these Services by you or any other user of the Services, or by anyone who may be informed of any of its contents.


Intellectual Property


  • Reservation of Rights. You DO NOT acquire any ownership interest in the Services under these Terms, or any other rights thereto, other than to use the Services in accordance with the limited license granted hereunder, and subject to all terms, conditions, and restrictions, under these Terms.  The Services, including all text, images, designs, graphics, content, source code, object code, data, features, and functionality (including but not limited to all information, software, displays, enablement of video and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such materials. This material, collectively, is protected by United States copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.  All of the Services and their content is copyrighted material and is protected by the Copyright Act of 1976.  Convey Pro reserves and shall retain its entire right, title, and interest in and to the Services, including all patent, copyright, trademark, trade secret, and other intellectual property rights therein or relating thereto, except as expressly granted to you under these Terms. You are not permitted to republish, reproduce, transmit, transfer, prepare derivative versions or works, or otherwise use any content on the Services without our prior, express, and written permission.


  • Your Responsibility.  When you post or otherwise submit information to the Services, you represent and warrant that you have ownership, authority, or permission to post the information.  YOU FURTHER REPRESENT AND WARRANT THAT YOU ARE THE SOLE OWNER OF SUCH INFORMATION.  You agree that you will not post any information to the Services, in any format, including but not limited to text, image, video, or audio that you do not own.


Disclaimer of Warranties

THE SERVICES AND ALL INFORMATION CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. 

 

CONVEY PRO, TOGETHER WITH ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES, HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF TITLE, MERCHANTABILITY, AND NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.  WE DISCLAIM ALL WARRANTIES WHETHER ARISING OUT OF LAW, STATUTE, COURSE OF DEALING, TRADE USAGE, OR ANY OTHER RELATIONSHIP.  WE MAKE NO WARRANTIES OF ANY KIND REGARDING THE SERVICES OR INFORMATION FOUND ON THE SERVICES.  WE MAKE NO WARRANTIES WITH REGARD TO THE ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, FUNCTIONALITY, TIMELINESS, SPEED, OR ACCESSIBILITY OF ANY INFORMATION SUPPLIED WITHIN THE SERVICES.  WE DO NOT WARRANT THAT THE SERVICES WILL BE OPERATIONAL, SECURE, ERROR-FREE, OR VIRUS-FREE. TO THE EXTENT ANY JURISDICTION DOES NOT PERMIT US TO DISCLAIM WARRANTIES IN THESE WAYS, WE DISCLAIM WARRANTIES TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

 

Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE CONVEY PRO, TOGETHER WITH ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES, FROM ALL LIABILITY ASSOCIATED WITH YOUR USE OF THE SERVICES AND THE SERVICES.

 

You acknowledge that you are responsible for any actions you take, as well as any actions taken on your account, while on the Services.   You recognize that your use of the Services and any subsequent actions arising from your use of the Services are taken solely at your own risk.

 

IN NO EVENT WILL CONVEY PRO, OUR DIRECTORS, OUR OFFICERS, OUR EMPLOYEES, OUR CONTRACTORS, OUR AGENTS, OR OUR REPRESENTATIVES BE LIABLE FOR DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY OR UNDER ANY EQUITABLE THEORY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE OR THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, CLINICAL OUTCOMES, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF BUSINESS OPPORTUNITIES, 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. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.  NO CAUSE OF ACTION, REGARDLESS OF FORM, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THE SERVICES MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER SUCH ACTION HAS ACCRUED.

 

Indemnification

You will indemnify, defend, and hold harmless Convey Pro, our licensors and affiliates, and our and their respective directors, officers, employees, contractors, agents, and representatives, from and against any and all claims, causes of action, demands, liabilities, losses, costs, or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of, in connection with, or resulting from:

  • your access to or use of the Services, including but not limited to its information and its content;
  • your violation of any of the provisions of these Terms;
  • any activity related to your accessing the Services, including, without limitation, negligent or wrongful conduct; or
  • your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right.

For purposes of clarity, these indemnification obligations apply to your use of the Services, along with your use of the Services’ content and Services, other than as expressly authorized in these Terms, and your use of any information obtained from the Services or any information you provide to the Services.

 

We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

 

COPPA

THE SERVICES IS NOT INTENDED FOR USERS WHO ARE YOUNGER THAN THIRTEEN (13) YEARS OF AGE.  You can learn more about our compliance with the Children’s Online Privacy Protection Act (“COPPA”) by reviewing our Privacy Policy [www.conveymd.com/privacy].

 

Miscellaneous

  • Severability; Waiver.  If any provision hereof is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity so that the remainder of that provision and all remaining provisions will continue in full force and effect.  No waiver by us of any term or condition set forth herein shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision shall not constitute a waiver of such right or provision.


  • Governing Law.  The construction, interpretation and performance of these Terms shall be construed in accordance with and governed by the laws of the State of Tennessee, and any dispute regarding these Terms or arising hereunder shall be resolved in the state courts, located in the Middle District of Tennessee, or the federal court located in the Middle District of Tennessee.


  • Entire Agreement.  These Terms and the associated Privacy Policy constitutes the entire agreement between you and Convey Pro, relating to the subject matter hereof. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, AND YOU AGREE TO BE BOUND BY ALL APPLICABLE TERMS AND CONDITIONS.


  • Assignment.  You may not assign, transfer, or delegate any of your obligations under these Terms, without the prior written consent of Convey Pro.  Any attempted assignment, transfer, or other conveyance in violation of the foregoing shall be null and void.


  • Notices.  Convey Pro may give notice by means of a general notice via the Services, electronic mail to your e-mail address on record, or by written communication sent by first class mail or pre-paid post to your address on record. Such notice will be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or twelve (12) hours after sending (if sent by email). You may give notice to Convey Pro (such notice will be deemed given when received by Convey Pro) at any time by any of the following: e-mail delivered to support@conveymd.com; or by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to:  17 W. Pontotoc Ave Memphis TN 38103.


  • Force Majeure. No party to these Terms will be liable to the other party for any failure to perform any of its obligations, except payment obligations, under these Terms during any period in which such performance is delayed by circumstances beyond its reasonable control, including, but not limited to, disease, outbreak, pandemic, and/or related government recommendations and/or orders, fire, flood, war, embargo, strike, riot, unavailability of the Internet, or the intervention of any governmental authority. 


  • Changes to Terms. Note that these Terms may be updated from time to time, and your continued use of the Services after we have made updates to the terms shall be considered acceptance of those updates.  For clarity, all updates are effective immediately when posted.  It is your responsibility to check these Terms periodically for updates. 


  • Contact Us. To ask questions or comment about these Terms, you may contact us:

By e-mail: support@conveymd.com

By telephone: 901.581.6636

By regular mail: 17 W. Pontotoc Ave Memphis TN 38103