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Expert

Terms of Service

User Agreement

Welcome and Thanks for using Madmorning.com, other Madmorning services and apps. When you (as a registered user on Madmorning.com and/or other Service, as applicable "User" or unregistered user "Visitor") use our products and services, you're agreeing to our terms, based on the terms of this Madmorning User Agreement and the Madmorning Privacy Policy, which is hereby incorporated by reference (collectively referred to as the "Agreement").

Note: You are entering into a legally binding agreement.

To clarify what this document means, certain words with capital letters will be defined. Here are the definitions for this agreement:

"Madmorning" or the "Apps" means https://www.Madmorning.com and related web sites and Madmorning's mobile applications.

"Company","We," "us," or "our" means Madmorning Inc., Infotantra corporation and any other companies that are subsidiaries and affiliates of Madmorning Inc. When used in the context of the company name, "Madmorning" may also refer to Madmorning Inc.

"Content" means text, graphics, images and as applicable other material entered, processed, contained on or accessed through the Apps.

"Services" means services provided through the Apps.

"Expert" means an individual accepted to participate in the Madmorning Medical, Sports & Wellness Expert Community and who participates on the Apps or interacts with others on or through the Apps or other specialists or professionals who participate on MadMorning in their capacity as experts.

1. Introduction

Madmorning provides a platform with online access to health, sports & wellness information.

1.1. Purpose

The mission of Madmorning is to connect the world's enthusiast in the field of Health, Sports & Wellness to enable them to be more sporty and healthy . To achieve our mission, we make services available through our websites, mobile applications,

to help you, your connections and millions of other enthusiasts meet, exchange ideas, learn, make deals, find opportunities, work and make decisions in a network of trusted relationships and groups.

MADMORNING DOES NOT PROVIDE FORMAL MEDICAL DIAGNOSIS, TREATMENTS OR PRESCRIPTIONS OR TRAINNING OF ANY KIND. ALL INFORMATION PROVIDED ON MADMORNING OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY MADMORNING, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS BETWEEN MADMORNING MEDICAL, SPORTS AND WELLNESS EXPERTS AND CONSUMERS, IS INTENDED TO BE FOR GENERAL INFORMATIONAL PURPOSES ONLY and IS IN NO WAY INTENDED TO CREATE A RELATIONSHIP AS DEFINED BY STATE AND NATIONAL LAW. MADMORNING IS NOT A SUBSTITUTE FOR PROFESSIONAL DIAGNOSIS OR TREATMENT OR TRAINNING. RELIANCE ON ANY INFORMATION PROVIDED BY MADMORNING OR ANY MADMORNING MEDICAL, SPORTS AND WELLNESS EXPERTS IS SOLELY AT YOUR OWN RISK.

1.2 Only for personal use

Madmorning is a service for individuals to use to support their personal health, sports & wellness decisions. You may use Madmorning for personal, but not for commercial, purposes. Organizations, companies and businesses can also become registered users or use our Apps to act as an expert. Licensed doctors and other qualified medical, sports & wellness experts may apply to participate on MADMORNING for educational purposes.We authorize you to view or download the Content and use the Services solely for your personal, non-commercial use in accordance with all applicable national, state and local laws. The Content is licensed only for the personal, household and educational use of a single individual. An individual's non-commercial reuse or redistribution of any portion of the Content is permitted when that use falls within what is permitted by Indian Copyright law. These laws govern general personal use of copyrighted information. No commercial use or redistribution of any Content is permitted. Any hyperlink or other re-display of the information on another website must display the Content full-screen and not within a "frame" on the linked or other site, unless expressly pre-approved and permitted by us in writing. By using Madmorning, you agree not use any contact information provided by users or harvest, scrape or otherwise collect any information about our users for any reason, including but not limited to for sending unsolicited communications, including spam.

1.3 No illegal purposes

The Content and Services may not be used for any illegal purpose. You may not access our networks, computers or the Content and Services in any manner that could damage, disable, overburden or impair them or interfere with any other person's use and enjoyment. You may not attempt to gain unauthorized access to any Content or Services, other accounts, computer systems or networks connected with Madmorning, the Content or Services. You may not use any automated means (such as a scraper) to access Madmorning, the Content or Services for any purpose. Such unauthorized access includes, but is not limited to, using another person's login credentials to access his or her Madmorning account. Any attempt by any individual or entity to solicit login information of any other user or MADMORNING Medical, Sports and Wellness Expert to access any such account is an express and direct violation of these Terms of Use and of applicable law, including relevant privacy and security laws and laws prohibiting unfair or unethical business practices.

1.4 We don't make recommendations or endorsements

We do not recommend or endorse any specific Content, Services, tests, doctors, products, trainer, instructor, consultant, procedures, opinions or other information that may be mentioned on Madmorning. Madmorning is designed to be used with common sense and in connection with the advice of your doctor or sports or wellness or healthcare service provider. Reliance on Madmorning Content or Services is solely at your own risk. Some Content and Services, including posts by Medical, Sports & Wellness Experts, may be or have been provided by third parties directly and are not reviewed or certified by Madmorning.We hope that our Content and Services will be useful, but we cannot guarantee that the Content and Services will help you achieve any specific goals or results. Content regarding dietary supplements or treatments or regimens has not been evaluated by the Food and Drug Administration and is not intended to diagnose, treat, cure or prevent any disease.

1.5 No guarantee for the accuracy of Third Party Content

To the extent that any of the Content included on Madmorning is provided by third party content providers or other users, we have no editorial control or responsibility of such content appearing on Madmorning. Therefore, any opinions, statements, products, services or other information expressed or made available by third parties (including Medical, Sports and Wellness Experts ) or users on Madmorning are those of such third parties or users, respectively. We make no representations about the accuracy or reliability of any opinion, statement or other information provided by any third party and do not represent or warrant that your use of the Content displayed on Madmorning or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with Madmorning.

1.6. Noresponsibility for anything outside of Madmorning.

Now or in the future, the Content and Services may link you to other websites, apps or information, software, data or other contents, on or off the Internet. These other sites or and contents are not Madmorning and the information there is outside of our control. What does this mean? It means that we do not control, endorse or review the content of these sites. We do not review the contents that may be reached by such links and we are not responsible for such content. Your linking to any other pages on other sites is at your own risk. The information, software, data or other contents (including opinions, claims, comments) contained in linked references are those of the companies responsible for such sites and should not be attributed to us. We have not attempted to verify the truth or accuracy of any such opinion, claim or comment, nor do we endorse or support them. We do not warrant, nor are we in any way responsible for, information, software, data, privacy policies or other content that is outside of our control.

If you violate any of these Terms of Use, your permission to use the Content and Services automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

2. Your Obligations

2.1.Applicable laws and this Agreement

Some promises you make to us in this Agreement:

You will follow the law and Madmorning's rules.

You must comply with all applicable laws and this Agreement, as may be amended from time to time with or without advance notice and the policies and processes explained in the following sections and related webpages:

DOs and DON'Ts;

Complaints Regarding Content Posted on the Madmorning Website;

Madmorning's Privacy Policy; and

Other specific rules for particular Services, such as Groups

2.2. License and warranty for your submissions to Madmorning

You still own what you own, but you grant us a license to the content and/or information you provide us.

As between you and Madmorning, you own the content and information you provide Madmorning under this Agreement and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it or it was copied or stored by other users. Additionally, you grant Madmorning a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to Madmorning, including, but not limited to, any user generated content, ideas, concepts, techniques and/or data to the services, you submit to Madmorning, without any further consent, notice and/or compensation to you or to any third parties.

We will respect the choices you make about who gets to see your information and content.

Pursuant to this license, Madmorning may grant other Users and/or Visitors access and share rights to your content and information in accordance with this Agreement, your settings and degree of connection with them.

You promise to only provide us information and content that you have the right to give us and you promise that your Madmorning profile will be truthful.

Any content or information you submit to us is at your own risk of loss. By providing content or information to us, you represent and warrant that you are entitled to submit it and that it is not confidential and not in violation of any law, contractual restrictions or other third party rights (including any intellectual property rights).

It is your responsibility to keep your Madmorning profile information accurate and updated.

2.3. Service Eligibility

You are eligible to enter into this contract and you are at least our "Minimum Age".

The information you provide is truthful.

To be eligible to use the Services, you must meet the following criteria and represent and warrant that you: (1) are the "Minimum Age" (defined below) or older; (2) are not currently restricted from the Services or not otherwise prohibited from having a Madmorning account, (3) are not a competitor of Madmorning or are not using the Services for reasons that are in competition with Madmorning; (4) will only maintain one Madmorning account at any given time; (5) will use your real name and only provide accurate information to Madmorning; (6) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (7) will not violate any rights of Madmorning or third party, including intellectual property rights such as copyright or trademark rights; (8) Your use of Madmorning and any Content and Services must comply with all applicable national and state laws, regulations and ordinances; (9) agree to provide at your cost all equipment, software, mobile access and internet access necessary to use the Services.

"Minimum Age" means (a) 18 years old for the People's Republic of China, (b) 16 years old for the Netherlands, (c) 14 years old for the United States, Canada, Germany, Spain, Australia and South Korea and (d) 13 years old for all other countries. However, if applicable law requires that you must be older than such ages in order for Madmorning to lawfully provide the Services to you (including the collection, storage and use of your information in accordance with our privacy policy) then the Minimum Age would be such older age. The Services are not designed nor intended for use by children or anyone else under the age of 13.

For Children's: Madmorning is not intended or designed for children under the age of 13. Registered adult users of Madmorning may ask questions about or for children.

For Medical Experts: Only licensed doctors may apply to be and participate as Medical Experts on MADMORNING. Doctors whose licenses are or become suspended or revoked, for any reason, are not permitted and agree not to participate in any way, including but not limited to submitting Content to MADMORNING as a Medical Expert on MADMORNING.

2.4. Your Usership

You will keep your password a secret.

You will not share an account with anyone else.

You will not copy or transfer any part of the Services.

The profile you create on Madmorning will become part of Madmorning and except for the content and information that you license to us is owned by Madmorning. However, between you and others, your account belongs to you. You agree to: (1) keep your password secure and confidential; (2) not permit others to use your account; (3) not use other's accounts; (4) not sell, trade or transfer your Madmorning account to another party; (5)not access, attempt to access, request access not authorized by Madmorning or use any Madmorning data without our Permission; (6) not transmit, download, upload, post, sell, rent, license, transfer, disclose, mirror, frame, reverse engineer, decompile, disassemble or use any aspect of Madmorning or any Content, in whole or in part, in any form or by any means; and (7) not charge anyone for access to any portion of Madmorning or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own. To close your Madmorning account, respectively, please contact us.

2.5. Indemnification

You will pay us for any losses that you cause.

You agree to indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorney's fees and costs) related to all third party claims, charges and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services and (3) any activity in which you engage on or through Madmorning.

2.6. Notify us of acts contrary to the Agreement

If you think you have to breach this Agreement, you will let us know beforehand.

If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.

2.7. Notifications and Service Messages

You are okay with us providing you with important notices on our websites, mobile apps or email.

The contact information you provide must be accurate or you may not receive important notices.

For purposes of service messages and notices about the Services, Madmorning may place a banner notice across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from Madmorning to an email address associated with your account, even if we have other contact information. You also agree that Madmorning may communicate with you through your Madmorning account or through other means including email, mobile number, telephone or delivery services including the postal service about your Madmorning account or services associated with Madmorning. You acknowledge and agree that we shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Services.

2.8. Madmorning Applications

This Agreement applies to mobile applications as well. Also, you agree certain additional information can be shared with us.

Examples of Madmorning Applications include its smart phone applications (e.g. Madmorning for Android and iOS). If you use a Madmorning Application or interact with a website that has deployed a plugin, you agree that information about you and your use of the Services, including, but not limited to, your device, your mobile carrier, your internet access provider, your physical location or web pages containing Madmorning plug-in that load in your browser may be communicated to us. Further, by importing any of your Madmorning data through the Madmorning Application, you represent that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your Madmorning account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing Madmorning through your mobile access provider. Therefore, you should check with your provider to find out if the Services are available and the terms for these services for your specific mobile devices. Finally, by using any downloadable application to enable your use of the Services, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the application provided at download or installation or as may be updated from time to time.

2.9. User-to-User Communication and Sharing (Madmorning Groups, Updates, Company Pages, etc.)

When you share information, others can see, copy and use that information.

Madmorning offers various forums such as Madmorning Groups, where you can post your observations and comments on designated topics. Madmorning also enables sharing of information by allowing users to post updates, including links to news articles and other information such as product recommendations and other content to their profile and other Services, such as Madmorning Groups and Madmorning Company Pages. Madmorningusers can create Madmorning Groups and Company Pages for free, however, Madmorning, in its sole discretion, may close or transfer Madmorning Groups or Company Pages or remove content from them or from anywhere on the Services if the content violates this Agreement or other's intellectual property rights. Please note that ideas you post and information you share may be seen and used by other Users or, if public, by Visitors and Madmorning cannot guarantee that other Users will or will not use the ideas and information that you share on Madmorning, nor the manner of use. Therefore, if you have an idea or information that you would like to keep confidential or don't want others to use or that is subject to third party rights that may be infringed by your sharing it, do not post it to any Madmorning Group, into your Network Updates or elsewhere on Madmorning. MADMORNING IS NOT RESPONSIBLE FOR ANOTHER'S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST ON MADMORNING.

2.10. Privacy

You are okay with us collecting, using, storing and disclosing information about you in keeping with our Privacy Policy.

You should carefully read our full Privacy Policy before using Madmorning as it is hereby incorporated into this Agreement by reference and governs our treatment of any information, including personally identifiable information you submit to us. Please note that certain information, statements, data and content (such as photographs) which you may submit to Madmorning or groups you choose to join might or are likely to, reveal, ethnic origin, nationality, age and/or other personal information about you. You acknowledge that your submission of any information, statements, data and content to us is voluntary on your part and that Madmorning may process such information, within the terms of the Privacy Policy.

2.11. Contributions to Madmorning

If you provide feedback to us, make sure you don't include confidential or infringing materials. You grant us rights to your feedback by submitting suggestions or other feedback regarding our Services ("Contributions") in any way to Madmorning, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Madmorning is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Madmorning shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Madmorning may have something similar to the Contributions already under consideration or in development; (e) you irrevocably non-exclusively license to Madmorning rights to exploit your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from Madmorning under any circumstances.

3. Your Rights

If you follow this agreement, we grant you a limited right to use Madmorning.You will only access and use Madmorning in the way this agreement allows you.

On the condition that you comply with all your obligations under this Agreement, including, but not limited to, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to access the Services, through a generally available web browser, mobile device or Madmorning authorized application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of Madmorning or its Users), to view content and information and otherwise use the Services, to the extent intended and permitted by the functionality thereof, the User's settings and your degree of connection with them, in accordance with this Agreement. Any other use of Madmorning contrary to our mission and purpose (such as seeking to connect to someone you do not know or trust or to use information gathered from Madmorning commercially unless expressly authorized by Madmorning) is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights and all other rights and interest in Madmorning and all related items, including any and all copies made of the Madmorning websites.

4. Our Rights & Obligations

4.1. Services Availability

We may change or discontinue Services and in such case, we do not promise to keep showing or storing your information and content.

For as long as Madmorning continues to offer the Services, Madmorning shall provide and seek to update, improve and expand the Services. As a result, we allow you to access Madmorning as it may exist and be available on any given day and we have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue Madmorning, partially or entirely or change and modify prices prospectively for all or part of the Services for you or for all our Users in our sole discretion. All of these changes shall be effective upon their posting on Madmorning or by direct communication to you unless otherwise noted.

We may not keep showing the content or information you provide to us.

Madmorning further reserves the right to withhold, remove or discard any content available as part of your account, with or without notice if deemed by Madmorning to be contrary to this Agreement. For avoidance of doubt, Madmorning has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services. Madmorning may be required by local laws to remove certain information or content and so that information or content may not be available on our Service in those countries.

4.2. Third Party Content, Sites and Developers

Your access of other User's and third partie's content and information posted on the Services is at your own risk.

By using the Services, you may be exposed to other User's or third party content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Except for certain limited circumstances, such as where legally required, we generally do not review or filter such content. You agree and acknowledge that we are not responsible for other User's or third party content or information or for any damage of any kind incurred as result of your reliance thereon.

Third parties may offer their own products and services through Madmorning and we are not responsible for these third-party activities.

Madmorning may include links to third party web sites ("Third Party Sites") on our Services. You are responsible for evaluating whether you want to access or use a Third Party Site or Platform Application. You should review any applicable terms or privacy policy of a Third Party Site or Platform Application before using it or sharing any information with it, because you may give the third-party permission to use your information in ways we would not. Madmorning is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites or Platform Applications. Madmorning also does not screen, audit or endorse Platform Applications. Accordingly, if you decide to use Third Party Sites or use Platform Applications, you do so at your own risk and agree that your use of any Platform Application is on an "as-is" basis without any warranty as to the Platform Developer's actions and that this Agreement does not apply to your use of any Third Party Site or Developer Application.

4.3 Exclusion of Warranties

Madmorning and the content and services are provided "AS IS". neither we MADMORNING Medical,Sports and Wellness Experts nor any of our licensors make any express warranties and we and each of them disclaims all implied warranties, including implied warranties of accuracy, merchantability, fitness for a particular purpose and non-infringement. Neither we nor any of our licensors make any warranty that content or services satisfy government regulations including those requiring disclosure of information on prescription drug products.

4.4. Disclosure of User Information

You agree that we can use, store and share information about you as permitted in our Privacy Policy.

You acknowledge, consent and agree that we may access, preserve and disclose your registration and any other information you provide in accordance with the terms of the Privacy Policy if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property or personal safety of Madmorning, our Users or the public. Disclosures of User information to third parties other than those required to provide customer support, administer this agreement or comply with legal requirements are addressed in the Privacy Policy.

4.5. Connections and Interactions with other Users

We have the right to limit the connections and interactions on the Services.

You are solely responsible for your interactions with other Users. Madmorning may limit the number of connections you may have to other Users and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. Madmorning reserves the right, but has no obligation, to monitor disputes between you and other users and to restrict, suspend or close your account if Madmorning determines, in our sole discretion, that doing so is necessary to enforce this Agreement.

4.6. Intellectual Property Notices

We are providing you notice about our intellectual property rights.

The Services include the copyrights and Intellectual property rights of Madmorning and except for the limited license granted to you, Madmorning reserves all of its intellectual property rights in the Services. Madmorning and its logos and other Madmorning trademarks, service marks, graphics and logos used in connection with Madmorning are trademarks or registered trademarks of Madmorning or Madmorning Affiliates in India. and/or other countries. Other trademarks and logos used in connection with Madmorning may be the trademarks of their respective owners. This Agreement does not grant you any right or license with respect to any such trademarks and logos.

5. Disclaimer

We disclaim any legal liability for the quality, safety or reliability of Madmorning.

Some countries and jurisdictions do not allow the disclaimer of implied terms in contracts with consumers and as a result the contents of this section may not apply to you. Do not rely on Madmorning or its suppliers, any information therein or its continuation. We provide the platform for Madmorning and all information and services on an "as is" and "as available" basis. Madmorning does not control or vet user generated content for accuracy. We do not provide any express warranties or representations. To the fullest extent permissible under applicable law, Madmorning and its suppliers disclaim any and all implied warranties and representations, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title, accuracy of data and noninfringement. If you are dissatisfied or harmed by Madmorning or anything related to Madmorning, you may close your Madmorning account and terminate this agreement ("termination") and such termination shall be your sole and exclusive remedy. Madmorning is not responsible and makes no representations or warranties for the delivery of any messages (such as mails, posting of answers or transmission of any other user generated content) sent through Madmorning to anyone. In addition, we neither warrant nor represent that your use of the services will not infringe the rights of third parties. Any material, service or technology described or used on our websites may be subject to intellectual property rights owned by third parties who have licensed such material, service or technology to us. Madmorning does not have any obligation to verify the identity of the persons subscribing to its services, nor does it have any obligation to monitor the use of its services by other users of the community; therefore, Madmorning disclaims all liability for identity theft or any other misuse of your identity or information by others. Madmorning does not guarantee that the services it provides will function without interruption or errors in functioning. In particular, the operation of the services may be interrupted due to maintenance, updates or system or network failures. Madmorning disclaims all liability for damages caused by any such interruption or errors in functioning. Furthermore, Madmorning disclaims all liability for any malfunctioning, impossibility of access or poor use conditions of the Madmorning sites due to inappropriate equipment, disturbances related to internet service providers, to the saturation of the internet network and for any other reason.

6. Limitation of Liability

We are trying to limit any legal liability we may have to you.

Limitation of liability. Some countries do not allow the limitation or exclusion of liability in contracts with consumers and as a result the contents of this section may not apply to you. Neither Madmorning nor any of our subsidiaries, affiliated companies, suppliers, employees, shareholders or directors ("Madmorning Affiliates") shall be cumulatively liable for Rs. 100 or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Services, any Platform Applications or any of the content or other materials on, accessed through or downloaded from Madmorning. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall:

Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages or (3) the limited remedies provided in this section fail of their essential purpose; and

Not apply to any damage that Madmorning may cause you intentionally or knowingly in violation of this Agreement or applicable law or as otherwise mandated by applicable law that cannot be disclaimed in this Agreement.

7. Termination

7.1. Mutual rights of termination

We can end this Agreement anytime we want.You may terminate this Agreement, for any or no reason, at any time, with notice to Madmorning. This notice will be effective upon Madmorning processing your notice. Madmorning may terminate this Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For avoidance of doubt, only Madmorning or the party paying for the services may terminate your access to any Services. Termination of your Madmorning account includes disabling your access to Madmorning and may also bar you from any future use of Madmorning.

7.2. Misuse of the Services

Madmorning may restrict, suspend or terminate the account of any User who abuses or misuses the Services. Misuse of the Services includes inviting other Users with whom you do not know to connect; abusing the Madmorning messaging services; creating multiple or false profiles; using the Services commercially without Madmorning's authorization, infringing any intellectual property rights, violating any of the Do's and Don'ts or any other behavior that Madmorning, in its sole discretion, deems contrary to its purpose. In addition and without limiting the foregoing, Madmorning has adopted a policy of terminating accounts of Users who, in MadMorning's sole discretion, are deemed to be repeat infringers under the Indian Copyright Act.

7.3. Effect of Termination

Upon termination of your Madmorning account, you lose access to the Services. The terms of this Agreement shall survive any termination.

8. Dispute Resolution

8.1. Law and Forum for Legal Disputes

In the unlikely event we end up in a legal dispute, it will take place in Delhi courts, applying Delhi law.

This Agreement or any claim, cause of action or dispute ("claim") arising out of or related to this Agreement shall be governed by the laws of the state of Delhi regardless of your country of origin or where you access Madmorning and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and Madmorning agree that all claims arising out of or related to this Agreement must be resolved exclusively by a state or Indian court located in Delhi, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You and Madmorning agree to submit to the personal jurisdiction of the courts located within Delhi for the purpose of litigating all such claims. Notwithstanding the above, you agree that Madmorning shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

8.2. Arbitration Option

Each of us will have the right to choose arbitration.

For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than Rs.100,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.

9. General Terms

9.1 This Agreement

This Agreement and the other agreements referenced in it (like our Privacy Policy), is the entire agreement between you and us relating to Madmorning. This Agreement replaces any prior agreements unless such prior or subsequent agreement explicitly provides otherwise and specifically references this agreement. If there is any conflict between this agreement and a mutually signed written agreement between you and us related to Madmorning, the signed written agreement will control.

Other parties may have rights under this agreement. A "third party beneficiary" is another party (for example, a company) who is not directly mentioned in an agreement, but who may have some rights arising out of an agreement. Our licensors may be third party beneficiaries to this Agreement pursuant to our agreements with them. To the extent our licensors are third party beneficiaries to this Agreement, the rights and protections provided to us under this Agreement inure to their benefit. Other than these licensors, there are no other third party beneficiaries to this Agreement. The parties are independent contractors and nothing in this agreement creates an agency, partnership or joint venture.

If we choose not to enforce any provision of this Agreement, we still keep the right to enforce it in the future. This means that the failure to enforce any provision of this Agreement does not constitute a waiver of that provision. If any provision in this Agreement is found to be unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision's essential purpose.

9.2. Severability

Here are some important details about how to read the Agreement.

If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.

9.3. Language

Madmorning has provided you with a translation of the English language version of this Agreement, the Privacy Policy or any other documentation, you agree that the translation is provided for your convenience only and that the English language versions of this Agreement, the Privacy Policy and any other documentation, including additional terms of service for Premium Services, will govern your relationship with Madmorning.

9.4. Notices and Service of Process

In addition to "Notices and Service Messages", we may notify you via postings on www.Madmorning.com or another Madmorning site or app. You may contact us or via mail. Any notices that you provide without compliance with this section shall have no legal effect.

9.5. Amendments to This Agreement

We reserve the right to modify, supplement or replace the terms of this Agreement, effective prospectively upon posting at www.Madmorning.com or notifying you otherwise. For example, we may present a banner on the Services when we have amended this Agreement or the Privacy Policy so that you may access and review the changes prior to your continued use of the Services. If you do not want to agree to changes to this Agreement, you can go for termination.

9.6. No informal waivers, agreements or representations

Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any Madmorning Affiliate shall be deemed legally binding on any Madmorning Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of Madmorning.

9.7. No Injunctive Relief

You waive your rights to try to stop Madmorning, but we don't waive our rights to ask a court to stop your actions.

In no event shall you seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith or exploitation of the Services or any content or other material used or displayed through the Services.

9.8. Assignment and Delegation

You can't assign your rights under this Agreement, but we can.

You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Madmorning Corporation for any third party that assumes our rights and obligations under this Agreement.

9.9. Potential Other Rights and Obligations

You may have rights or obligations under local law other than those enumerated here if you are located outside India.

9.10 We Do Support Your Decisions and Choices

Madmorning is designed to support the health, sports & wellness decisions and choices that you make. These decisions and choices are yours and we believe that you, in connection with the advice you receive from your doctor or instructor or trainer or other professional healthcare provider, are the best decision maker about your health. You should always use common sense when making decisions and they should be made in consultation with your doctor, sports consultant. Madmorning cannot make decisions for you. What we can do is help you find good health, sports & wellness information and connect with doctors, sports & wellness advisors for in-person care. On Madmorning you can ask and find informational questions and related educational answers and tips by Medical, Sports & Wellness Experts. Medical Experts, Sports & Wellness on MADMORNING can be a resource for reliable, relevant general information.We hope these services will be of value to you. Please use them responsibly.

9.11 No Doctor Patient Relationship

The use of Madmorning does not create a doctor-patient relationship. Madmorning contains Content and may help you identify services or may offer services. Everything on Madmorning, including Content accessed or Services provided through Madmorning, are for your information and should be used for informational purposes only. This means that Content and Services are not a substitute for medical advice, diagnosis, treatment or care from your doctor.

Whenever we use the words "your doctor" or "your doctor" or "healthcare provider" or similar words on Madmorning, including in these Terms of Use, we mean your personal doctor with whom you have of an actual, mutually acknowledged, doctor-patient relationship (or the same kind of formal, real-world relationship between you and your personal professional healthcare provider). MADMORNING Medical Experts are not "YOUR" DOCTOR OR HEALTHCARE PROVIDER. Even if your real life doctor is on Madmorning, personal medical advice, treatment or diagnosis are not permitted through Madmorning and by using Madmorning you agree not to solicit these or use any information as if it were personal advice, treatment or diagnosis. This applies both to public interactions on Madmorning as well as to Private Conversations. Whenever you want personal medical advice, treatment or diagnosis, you should contact your doctor or professional healthcare provider and see them in person.

On Madmorning you can connect privately with a doctor for an online consultation through our Chat feature. This interaction does not constitute the practice of medicine and consultations cannot be used for providing a medical diagnosis or a physical examination, prescriptions or treatments. Go see your doctor in person if you are looking for a prescription or for diagnosis or treatment. You can use Madmorning for second opinions.

Do not use Madmorning in a medical emergency or for diagnosis or treatment.

Do not use Madmorning or Content or Services to diagnose or treat a medical condition. Do not use Madmorning or Content or Services in a potential or actual medical emergency.

Consult your doctor.

Consult your doctor or your healthcare provider if you have any questions about a symptom or a medical condition and before starting or stopping any treatment directed by your doctor or your healthcare provider or before taking any drug or changing your diet.

ALWAYS:

Seek the advice of your doctor or your other qualified healthcare provider whenever you have a personal question about a medical condition or symptom.

Never disregard professional medical advice or delay seeking medical advice or treatment because of something you read or learn on Madmorning.

Immediately call your doctor or go to the hospital if you believe you have a medical emergency.

10. Madmorning "DOs" and "DON'Ts."

As a condition to access Madmorning, you agree to this User Agreement and to strictly observe the following DO's and DON'Ts:

10.1. Do undertake the following

Here's a list of some of the specific things we ask you to do and not do on Madmorning. If you want a high-level summary of these, please check out our Professional Community Guidelines.

Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws and regulatory requirements;

Provide accurate information to us and update it as necessary;

Review and comply with our Privacy Policy;

Review and comply with notices sent by Madmorning concerning the Services;

Use the Services in a professional manner; and

You agree to only post or upload Media (like photos, videos) that you have taken yourself or that you have all rights to post or transmit and license and which do not violate copyright, trademark, privacy or any other rights of any other person.

Only informational questions submitted for educational purposes are allowed

No personal health questions are permitted - you are not allowed to provide facts that give questions the impression of being patient-specific

Questions can describe a general situation, illustration, illness or symptoms, but the question should withhold enough facts so that it's clear that it's not describing an actual, specific patient

There is no guarantee that any submitted question will be answered

Questions are answered at the sole discretion of doctors participating in the our community as Medical Experts

No follow up questions or personal information should be included in Thanks notes submitted through Madmorning

No requests for prescription, diagnosis or treatment should be made

Any second opinion received are not diagnosis, prescription or treatment and are for informational purposes only

10.2. Don't undertake the following:

Act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate or objectionable content to Madmorning;

Publish inaccurate information in the designated fields on the profile form (e.g., do not include a link or an email address in the name field). Please also protect sensitive personal information such as your email address, phone number, street address or other information that is confidential in nature;

Create a User profile for anyone other than a natural person;

Harass, abuse or harm another person, including sending unwelcomed communications to others using Madmorning;

Invite people you do not know to join your network;

Upload a profile image that is not your likeness or a head-shot photo;

Use or attempt to use another's account or create a false identity on Madmorning;

Upload, post, email, message, transmit or otherwise make available or initiate any content that:

Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym or misrepresenting your current or previous positions and qualifications or misrepresents your affiliations with a person or entity, past or present;

Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;

Adds to a content field content that is not intended for such field (e.g. submitting a telephone number in the "title" or any other field or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by Madmorning);

Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;

Includes any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation. This prohibition includes but is not limited to (a) using Madmorning invitations to send messages to people who don't know you or who are unlikely to recognize you as a known contact; (b) using Madmorning to connect to people who don't know you and then sending unsolicited promotional messages to those direct connections without their permission; and (c) sending messages to distribution lists, newsgroup aliases or group aliases;

Contains software viruses, worms or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Madmorning or any user of Madmorning;

Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; or

Even if it is legal where you are located, create profiles or provide content that promotes escort services or prostitution.

Participate, directly or indirectly, in the setting up or development of a network that seeks to implement practices that are similar to sales by network or the recruitment of independent home salespeople for the purposes of creating a pyramid scheme or other similar practices;

Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand or otherwise transfer information found on Madmorning (excluding content posted by you) except as permitted in this Agreement or as expressly authorized by Madmorning;

Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services or any part thereof;

Utilize or copy information, content or any data you view on or obtain from Madmorning to provide any service that is competitive, in MadMorning's sole discretion, with Madmorning;

Imply or state, directly or indirectly, that you are affiliated with or endorsed by Madmorning unless you have entered into a written agreement with Madmorning (this includes, but is not limited to, representing yourself as an accredited Madmorning trainer if you have not been certified by Madmorning as such);

Adapt, modify or create derivative works based on Madmorning or technology underlying the Services or other User's content, in whole or part, except as permitted under MadMorning's developer program;

Rent, lease, loan, trade, sell/re-sell access to Madmorning or any information therein or the equivalent, in whole or part;

Sell, sponsor or otherwise monetize a Madmorning Group or any other service or functionality of Madmorning, without the express written permission of Madmorning;

Deep-link to our sites for any purpose, (i.e. creating or posting a link to a Madmorning web page other than MadMorning's home page) unless expressly authorized in writing by Madmorning or for the purpose of promoting your profile or a Group on Madmorning;

Remove any copyright, trademark or other proprietary rights notices contained in or on Madmorning, including those of both Madmorning and any of its licensors;

Remove, cover or otherwise obscure any form of advertisement included on Madmorning;

Collect, use, copy or transfer any information, including, but not limited to, personally identifiable information obtained from Madmorning except as expressly permitted in this Agreement or as the owner of such information may expressly permit;

Share information of non- Users without their express consent;

Infringe or use MadMorning's brand, logos or trademarks, including, without limitation, using the word "Madmorning" in any business name, email or URL or including MadMorning's trademarks and logos except as expressly permitted by Madmorning;

Use manual or automated software, devices, scripts robots, other means or processes to access, "scrape", "crawl" or "spider" any web pages or other services contained in the site;

Use bots or other automated methods to access Madmorning, add or download contacts, send or redirect messages or perform other similar activities through Madmorning, unless explicitly permitted by Madmorning;

Access, via automated or manual means or processes, Madmorning for purposes of monitoring Madmorning's availability, performance or functionality for any competitive purpose;

Engage in "framing", "mirroring", or otherwise simulating the appearance or function of Madmorning's website;

Attempt to or actually access Madmorning by any means other than through the interfaces provided by Madmorning such as its mobile application or by navigating tohttp://www.Madmorning.com using a web browser. This prohibition includes accessing or attempting to access Madmorning using any third-party service, including software-as-a-service platforms that aggregate access to multiple services, including Madmorning;

Attempt to or actually override any security component included in or underlying Madmorning;

Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Madmorning's infrastructure, including, but not limited to, sending unsolicited communications to other Users or Madmorning personnel, attempting to gain unauthorized access to Madmorning or transmitting or activating computer viruses through or on Madmorning; and/or

Interfere or disrupt or game Madmorning or the Services, including, but not limited to, any servers or networks connected to Madmorning or Madmorning's search algorithms.

No Individual or Specific Patient Questions. Do not post any facts that give the impression that a question is patient-specific or are about a specific person, including you.

11. Complaints Regarding Content Posted on the Madmorning Website

Madmorning respects the intellectual property rights of others and desires to offer a platform which contains no content that violates those rights. Our User Agreement requires that information posted by Users to be accurate, lawful and not in violation of the rights of third parties. To promote these objectives, Madmorning provides a process for submission of complaints concerning content posted by our Users.

Please note that whether or not we disable access to or remove content, Madmorning may make a good faith attempt to forward the written notification, including the complainant's contact information, to the User who posted the content and/or take other reasonable steps to notify the User that Madmorning has received notice of an alleged violation of intellectual property rights or other content violation. It is also our policy, in appropriate circumstances and in our discretion, to disable and/or terminate the accounts of Users or groups as the case may be, who infringe or repeatedly infringe the rights of others or otherwise post unlawful content.

Please note that any notice or counter-notice you submit must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice.

Madmorning is a company that aims to put its users first when it comes to making important decisions. Millions of conversations and shared insights are being exchanged every day on Madmorning. To ensure these discussions help our users be more healthy and happy, Madmorning has put in place Community Guidelines outlining the types of discussions and content that are acceptable on Madmorning and what may be deemed inappropriate and stopped by Madmorning.

Be Real. Our users need to be real people, who provide their real names and accurate information about themselves. It is not okay to provide misleading information about yourself, your health, sports & wellness related information, events, your experiences, affiliations or achievements on Madmorning's service.

Hide Identity. Users on Madmorning can hide their identity to appear as "Shadow" to other users while posting, sharing, blogging, asking or responding questions, creating events, groups and discussions.

Be Nice. Madmorning shouldn't be used to harm others. It is not okay to use Madmorning's services to harass, abuse or send other unwelcomed communications to people (e.g., junk mail, spam, chain letters, phishing schemes). Do not use Madmorning's services to threaten violence or property damage or for hate speech acts like attacking people because of their race, ethnicity, national origin, gender, sexual orientation, political or religious affiliations or medical or physical condition. Also, please don't use MadMorning's services to intentionally infect others with viruses, worms or other software that can destroy or interrupt their data or computer devices. It is not okay to interfere or disrupt Madmorning's service.

Respect Other's Rights and Follow the Law. We do not want Madmorning to be used for illegal activities or to violate the rights of others. Don't use Madmorning's services to commit fraud. Before sharing or using someone else's copyrighted works, trademarks, private information or trade secrets, please make sure you have the legal right to do so.

Experts. Madmorning Experts and professionals or specialists utilizing or featured on Madmorning are not employees or independent contractor service providers of Madmorning. Any opinions, advice or information expressed by any such individuals are those of the individual and the individual alone and they do not reflect the opinions of Madmorning. Madmorning does not recommend or endorse any specific tests, doctors, trainer, instructor, consultant, products, procedures, opinions or other information that may be mentioned on Madmorning or by a licensee of Madmorning.

Health, Sports & Wellness records. Users can maintain their health, sports & wellness records in their profile on Madmorning.

Health Score.Health Score is designed to give user an overall idea of his/her own & family members health and a general indication of how lifestyle related factors may affect anyone. This will give you a general indication of whether there is more can be done to take care of their health. This score is not intended to be a medical diagnostic nor a substitute for professional medical advice in any sense.

 

 

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