Last Updated: January 29th, 2024
1. ABOUT SEMI-RETIRED MD
Taikun LLC, hereafter referred to as “Semi-Retired MD”, “we”, “us” or “our” in these Terms of Use, operates semiretiredmd.com, semiretiredmdvip.mykajabi.com (the “Course Site”) and semiretiredmdvip.mykajabi.com/products/empire-builders-membership-site (the “Membership Site”) (collectively, the “Websites”).
Our postal address is:
53 CALLE PALMERAS, SUITE 601,
SAN JUAN, PR,
00901
These Terms of Use are a binding contract between you and Semi-Retired MD. Your access and the Websites, including but not limited to informational and educational content, web applications, formatters, validators, encoders & decoders, converters, cryptography and security tools, string escapers and utilities, data generators and other web resources available on the Websites (the “Contents”), constitute your acceptance of these Terms of Use in their entirety. If you do not agree with any of these Terms of Use, or the documents they refer to, you may not access or view the Websites, nor utilize the Contents in any manner whatsoever.
You represent and warrant that you are an individual of legal age to form a binding contract.
Your usage of Semi-Retired MD’s Websites and Contents is at your own risk, and Semi-Retired MD will not be liable for any damage you suffer as a result of such use. You represent and warrant that you have the legal right to send, upload or otherwise communicate any data or information you communicate to Semi-Retired MD at any time.
If our Terms of Use change in the future, we will post the revised version on our Websites and update the “Last Updated” date at the top of these Terms of Use. If the changes are significant, you will be notified via email and/or a prominent notice on our Websites. However, you agree to periodically review these Terms of Use to ensure you are operating under the most current version and stay informed of your current rights under the Terms. If you disagree with any changes to these Terms of Use, you will need to stop using the Websites and/or Contents and deactivate your account(s), if applicable, as outlined below.
Continued use after the date of a change to the Terms of Use will constitute acceptance of the Terms of Use as amended on the date of use.
2. PERSONAL DATA AND PRIVACY
Semi-Retired MD is the controller of your personal information, and is responsible for the collection, processing and disclosure of your personal information as described in these Terms of Use, unless expressly specified otherwise. If you have any questions about these Terms of Use or want to exercise your rights hereunder, please email us at support@semiretiredmd.com, or write to our Privacy Officer at the address above.
Semi-Retired MD is committed to protecting and respecting your privacy, and will only use any personal information submitted in conformity with all applicable laws and regulations, and in accordance with these Terms of Use.
Processing activities covered
These Terms of Use apply to the following processing activities:
- Visiting our Websites and accessing our Websites and/or Contents which display or link through to these Terms of Use;
- Registering as a member of Semi-Retired MD, registering for a course offered by Semi-Retired MD or otherwise complete a user profile or other forms via Semi-Retired MD’s Websites;
- Communicating with us to report a problem or to submit queries, concerns or comments regarding Semi-Retired MD’s Websites and/or Contents;
- Receiving email communications from us;
- Receiving SMS text messages from us;
- Joining one or more of our online communities and participating in discussions within such online communities; and
- Registering for and participating in one or more offline conferences, meetups and other in-person networking and educational activities organized by Semi-Retired MD.
Personal information that we collect
We only collect the personal information that is necessary to carry out our business, provide the service(s) you requested and to keep you informed of the latest news about our services.
Subject to certain exceptions and limitations, personal information is any information that directly or indirectly identifies, describes, relates to, is capable of being associated with, or can reasonably link to a particular consumer or household.
The personal information that we collect directly from you may include the following:
- Personal identifiers, which may include, without limitation, email address, name, address, telephone number, education, employment, credit card number, debit card number, or any other financial information;
- Commercial information, which may include your billing information and purchase history;
- Internet or other electronic network activity information, which may include, without limitation, browsing history, search history, and information regarding interaction with an internet website, application or advertisement;
- Geolocation data, which may include, without limitation, current and historical physical location including the country, state, city, zip code, address and/or location over time; and
- Inferences we make, which may include your likelihood of retention.
Personal information of children
You must be at least 18 years old to create an account with Semi-Retired MD and to sign up for our newsletter. We do not knowingly collect any personal information from children under the age of 18. Those under the age of 18 should not use the Semi-Retired MD’s Websites or Contents, or provide us with any personal information. We encourage parents and legal guardians to monitor their children’s Internet usage. If you have reasons to believe that a child under the age of 18 has provided personal information to us, please email us at support@semiretiredmd.com.
Device and usage data
We use common information-gathering tools, such as log files, cookies, web beacons, and similar technologies to automatically collect information, which may contain personal information, from your computer or mobile device as you navigate our Websites and Contents or interact with emails we have sent to you.
As is true of most websites, we gather certain information automatically via log files. This collected information may include your Internet Protocol (IP) address (or proxy server), device and application identification numbers, your location, your browser type, your Internet service provider and/or mobile carrier, the pages and files you viewed, your searches, your operating system and system configuration information, and date/time stamps associated with your usage.
This information is used to comply with data contracts, treaties, national laws, and regulations, analyze overall trends to help us provide and improve our Websites and Contents, and to guarantee their security and continued proper functioning. We also collect IP addresses from users when they log into the services as part of the Semi-Retired MD’s security features.
We use cookies and similar technologies such as web beacons, tags, and Javascript alone or in conjunction with cookies to compile information about usage of our Websites and Contents and interaction with emails from us.
When you visit our Websites, our servers or an authorized third party may place a cookie on your browser, which can collect information, including personal information, about your online activities over time and across different sites. Cookies help us ensure our Websites are not misused by bots and prevent account login information sharing.
We use both session-based and persistent cookies. Session cookies exist only during one session and disappear from your computer or device when you close your browser software or turn off your computer. Persistent cookies remain on your computer or device after you close your browser or turn off your computer or device. Most web and mobile device browsers automatically accept cookies but, if you prefer, you can change your browser to prevent that or to notify you each time a cookie is set by using the opt-out tool at www.optout.networkadvertising.org. You can also learn more about cookies by visiting www.allaboutcookies.org which includes additional useful information on cookies and how to block cookies using different types of browser or mobile device. Please note, however, that by blocking or deleting cookies used on Semi-Retired MD’s Websites and Contents, you may not be able to take full advantage of the Websites and Contents.
We partner with a third-party ad network to either display advertising on our Websites or to manage our advertising on other sites. Our ad network partner uses cookies and Web beacons to collect non-personal information about your activities on this and other websites to provide you targeted advertising based upon your interests, which is called online behavioural advertising. If you wish to not have this information used for the purpose of serving you targeted ads, you may opt-out by using the specific opt-out mechanism at www.optout.networkadvertising.org. Please note this does not opt you out of being served advertising. You will continue to receive generic ads.
In addition to using third parties to assist us in serving advertisements, we also use third parties, such as Google and Meta, to track aggregated and/or anonymized site usage statistics, distinguish users, manage subscriptions to our mailing list, manage browsing device information and know what pages, contents and activities users have done for site analytics and performance measurement. Please note that we do not control these third-party technologies, and their use is governed by their respective privacy policies and cookie policies. For your convenience, Google and Meta’s current cookie policies are available here and here, respectively. We strongly encourage you to familiarize yourself with such policies prior to and when using the Websites.
Social Media Features
Third parties with whom we work may also provide us with information about you. We may combine the information you have given to us with additional information made available by external sources. For example, depending on your settings or the privacy policies for social media and messaging services like Facebook or Instagram, you may give us permission to access information from those accounts or services. Please verify the privacy policies of these third parties before submitting your personal information to them.
Conversely, we may use social media features, such as the Facebook and Instagram “like” buttons and other sharing widgets (“Social Media Features”). You may be given the option by such Social Media Features to post information about your activities on a website to a profile page of yours that is provided by a third-party social media network in order to share with others in your network. Social Media Features are either hosted by the respective social media network or hosted directly on our Websites. To the extent the Social Media Features are hosted by the respective social media networks, the latter may receive information that you have visited our Websites from your IP address. If you are logged into your social media account, it is possible that the respective social media network can link your visit of our website with your social media profile. Your interactions with Social Media Features are governed by the privacy policies of the companies providing the relevant Social Media Features.
Purposes for which we process personal information and the legal basis on which we rely
We collect and process your personal information for the purposes and on the legal basis identified below:
- Providing our services and performing contracts: We use your personal information to enable us to operate and administer our Websites and Contents, and to perform any contract with you to provide you with content you access and service you request according to any applicable terms of service;
- Managing user registrations: We will process your personal information by managing your user account for the purpose of performing the contract with you according to any applicable terms of service, and relevant national laws and regulations;
- Handling contact and user support requests: If you contact us by any available means, we will process your personal information to the extent it is necessary to fulfill your request and communicate with you;
- Developing and improving our Websites and Contents: We will process your personal information to analyze trends and track your usage of our Websites and Contents, and interactions with emails to the extent this is necessary for us to develop and improve our Websites and Contents and to provide our users with more relevant content;
- Sending communications: We will process your personal information to send you the latest updates about us, including information about our service, by email or SMS text message to the extent you have provided your prior separate consent;
- Complying with legal obligations: We will process your personal information when cooperating with public and government authorities, courts, or regulators in accordance with our legal obligations under applicable laws to the extent this requires the processing or disclosure of personal information to protect our rights, and is necessary for our legitimate interests to protect against misuse or abuse of data hosted on our Websites, our data, our Websites, to protect personal property or safety, to pursue remedies available to us and limit our damages, to comply with judicial proceedings, court order, or legal process, and/or to respond to lawful requests.
Where we need to collect and process personal information by law, or under a contract we have entered into with you and you fail to provide that required personal information when requested, we may not be able to perform the contract.
Where your personal information is anonymized or de-identified, we do not require a legal basis to use it as the information will no longer constitute personal information under the applicable data protection law. Our use of anonymized or de-identified data is not subject to these Terms of Use.
Service Providers
Your personal information may be collected, transferred to, and stored by us in the United States of America. We will use reasonable means to ensure that personal information is protected regardless of where your personal information may be located.
We may transfer personal information to non-affiliated service providers in providing the services, such as IT and system administration and hosting, research and analytics, marketing, account management, technical operations, credit card processing and email service providers to send out emails on our behalf, pursuant to agreements that prohibit the service providers from using or disclosing the personal information other than for the purpose of processing and which impose security safeguards appropriate to the sensitivity of the information. The names, addresses and contact information of our contracted service providers whose are reproduced below.
Service Providers | Contact Information |
WordPress.org (Main website platform) | WordPress.org |
Kajabi (Membership Site and Course Site platform) | Kajabi, LLC Attn: Privacy Policy/Legal |
(Online community platform and advertising) | Meta Platforms, Inc. Attn: Privacy Operations 1601 Willow Road Menlo Park, CA 94025 |
Google Analytics (Website analytics) | Google LLC 1600 Amphitheatre Parkway Mountain View, CA 94043, USA |
Bill.com (Invoicing) | Bill.com, LLC Attn: Privacy Officer 6220 America Center Drive, Suite 100 San Jose, CA 95002, USA |
ActiveCampaign (Newsletter and Email) | ActiveCampaign, LLC 1 North Dearborn Street, 5th Floor Chicago, IL 60602info@activecampaign.com |
ThriveCart (Checkout system) | ThriveCart LLC 221 w 6TH ST, Unit 910 Austin, TX 78701, USA support@thrivecart.com |
Quickbooks (Invoicing)
| Intuit Inc. 2700 Coast Ave Mountain View, CA 94043, USA |
Stripe (Payment processing)
| Stripe Inc. |
We may disclose aggregate statistics about our users in order to describe our business to prospective partners, advertisers, sponsors and other reputable third parties and for other lawful purposes, but these statistics will include no personally identifiable information. We may disclose your personal information to any of our affiliates, or to our agents or contractors who assist us in providing our services, processing transactions, receiving and sending communications, updating marketing lists, analyzing data, providing IT and other support services, or in other tasks, from time to time. Our agents and contractors will only use your information to the extent necessary to perform their functions. In the event of a sale of all or substantially all of our business or another similar transaction, we may transfer or disclose your personal information to a purchaser or prospective purchaser, who may collect, use and disclose such information for the purposes of evaluating the proposed transaction or operating and managing the affairs of the acquired business, or for other purposes identified in these Terms of Use.
We reserve the right to disclose your personal information as required by law, and as necessary to protect the property, interests and rights of Semi-Retired MD.
In individual cases, we may also share personal information with professional advisers acting as processors or joint controllers including lawyers, bankers, auditors, and insurers based in countries in which we operate, who provide consultancy, banking, legal, insurance, and accounting services.
Any personal information or other information you choose to submit in communities, forums, blogs, or chat rooms on our Websites may be read, collected, and/or used by others who visit these forums, depending on your account settings. You agree to hold us harmless for any disclosures of personal information submitted by you.
The Semi-Retired MD Websites and Contents may contain links to websites operated by third parties. These websites may collect your personal information. These Terms of Use do not apply to the practices of third parties and we do not assume any responsibility for, and by using our Websites and Contents and/or accessing a third party’s website from our Websites and Contents, you release us of any responsibility for, the actions, practices and omissions of third parties. Please check the privacy policy at each website you visit.
Membership and Student Database
Our membership database on our Membership Site will ask that you provide your full name and your geographic location. Our student database on our Course Site will ask that you provide your full name, email address and investment goal(s). Such information may be accessed by other students. The processing of information in our membership and student databases is based on your consent. Please contact support@semiretiredmd.com if you do not wish to provide us such information, or object to its processing by us.
Retention Of Personal Information
We will keep your personal information only as long as is reasonably necessary for the time consistent with the original purpose of collection or such longer period as may be required by applicable law. We determine the appropriate retention period for personal information on the basis of the amount, nature, and sensitivity of your personal information, the potential risk of harm from unauthorized use or disclosure, and whether we can achieve the purposes of the processing through other means.
Your Access To And Control Over Your Personal Information
You may exercise any of the rights described below by sending an email to support@semiretiredmd.com
or by using the contact information indicated in this section. Please note that we may ask you to verify your identity before taking further action on your request. The verification methods we use may include requests to disclose your first name, last name, email address, location information, security question, account activity and other information. We will process your request within 30 days of receipt.
a) Managing your information
You may access and update some of your information by accessing your account with Semi-Retired MD or any of its affiliates, as applicable. You are responsible for keeping your personal information up-to-date. You can also ask us to correct inaccurate or incomplete personal information concerning you that you cannot update yourself within your account.
b) Access to your information
You have the right to request information about the personal information we hold on you at any time. You can contact us at support@semiretiredmd.com and we will provide you with your personal information via email. If you require additional copies, we may need to charge a reasonable fee.
If you are a Californian resident, once per calendar year, you may request that we provide a list of companies to which we disclose your personal information for business purposes, and a list of the categories of such personal information that we share. You may request further information about our compliance with this law by emailing support@semiretiredmd.com. Please include “California Privacy Rights Request” in the first line of the description and your California mailing or street address. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this e-mail address nor requests made by non-California US residents.
c) Right to erasure
If you no longer want us to use your information to provide you with our latest news or any of our services, you can request that we erase your personal information and close your account(s).
Please note, however, that we may retain some of your personal information as necessary for our legitimate interests, such as fraud detection and enhancing security. We may also retain and use your personal information to the extent necessary to comply with our legal obligations, such as keeping information for tax, legal reporting and auditing obligations, as well as professional obligations. Information you have shared with others (e.g. comments, community postings) may continue to be publicly visible. Additionally, some copies of your information (e.g. log records) may remain in our database, but are disassociated from personal identifiers. Residual copies may also be kept in our backup systems. If we have shared your personal information with service providers, we will let them know about the erasure where possible.
d) Right to object to direct marketing
If we rely on your consent as our legal basis for processing your personal information, you have the right to withdraw that consent at any time. If you have already given your consent but you prefer not to receive promotional information from us, you may unsubscribe by using the unsubscribe link situated at the bottom of any promotional message you receive from us, or email us at support@semiretiredmd.com.
e) Restriction of processing
You can ask us to block or suppress the processing of your personal information in certain circumstances such as where you contest the accuracy of that personal information or you object to us processing it and we have no legitimate grounds that override yours. Such request alone does not stop us from storing your personal information.
If you are a Californian resident, you have the right to opt-out of the sale of your personal information. Under the California Consumer Privacy Act (the “CCPA”), the “sale” of personal information broadly includes any communication of personal information to any business that is deemed to be a “third party” (as defined in the CCPA) for monetary or other valuable consideration, subject to certain exceptions and limitations. Semi-Retired MD does not sell personal information. However, if you would like to submit such a request, please send your request to support@semiretiredmd.com.
f) Right to portability
Whenever we process your personal information, by automated means based on your consent or based on an agreement, you have the right to get a copy of your personal information transferred to you or to another party. This only includes the personal information you have provided to us.
g) Automated decision-making
You have the right to elect not to be subject to a decision based solely on automated processing, including profiling (“Automated Decision-Making”). Semi-Retired MD’s Websites do not currently use Automated Decision-Making.
h) Consent withdrawal
To the extent we base the collection, processing, and sharing of your personal information on your consent, you have the right to withdraw your consent at any time, without affecting the lawfulness of the processing based on such consent before its withdrawal.
i) Right to non-discrimination
Pursuant to the CCPA, we will not discriminate against Californian residents for exercising any of their rights under the CCPA. Unless permitted by the CCPA, we will not deny you services, charge you different prices or rates for services, impose penalties, provide you with a different level or quality of services, or suggest that you may receive a different price or rate for services or a different level or quality of services for the exercise of your CCPA rights.
j) Authorized agent
If you are a Californian resident, you may use an authorized agent to exercise certain privacy-related requests and rights on your behalf. The authorized agent’s exercise or request on your behalf sent by mail shall include a power of attorney or a notarized statement properly signed by you appointing such authorized agent for such purpose. If your authorized agent submits the exercise or request online, a copy of the power of attorney or the original notarized statement shall be sent to us by mail.
k) Questions or complaints
If you have any queries or to make any complaint in relation to these Terms of Use and Semi-Retired MD’s privacy practices, you may write to our Privacy Officer at support@semiretiredmd.com or at the following address:
Privacy Officer
Taikun LLC
53 CALLE PALMERAS, SUITE 601,
SAN JUAN, PR,
00901
Personal Information Security
We take reasonable precautions to ensure the protection of personal information, collected, used or disclosed by us using appropriate physical, organizational and technological measures. We use industry-standard encryption technologies to receive sensitive data submitted by you on our Websites.
In case of a personal data breach that is likely to result in a high risk to your rights and freedoms, we will notify you and the proper authority within 72 hours of becoming aware of the breach and without undue delay.
While we follow generally accepted standards to protect personal information, no method of storage or transmission is 100% secure. You are solely responsible for protecting your password, limiting access to your devices, and signing out of websites after your sessions. If you have any questions about the security of our Websites, please contact us using the contact information in the “Questions or complaints” section above.
3. YOUR SEMI-RETIRED MD ACCOUNTS AND MEMBERSHIP
You will need an account and password to access some of Semi-Retired MD’s Contents. You may create your own Semi-Retired MD account at the webpage https://semiretiredmdvip.mykajabi.com/zerotofreedom.
You must protect the security of your account and your password. You acknowledge that you are responsible for the activities that happen on or through your Semi-Retired MD account.
By selecting a product or service from Semi-Retired MD, you agree to pay Semi-Retired MD the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an upgrade and will cover the use of that service for a monthly or annual subscription period as indicated.
Refund Policy
Please see Semi-Retired MD Refund Policy for details https://semiretiredmd.com/semi-retired-refund-policy/.
4. NO WARRANTIES AND DISCLAIMER
The Websites and Contents are provided “AS IS”, without any representations or warranties, express or implied.
Without prejudice to the generality of the foregoing paragraph, Semi-Retired MD does not warrant that:
- The Websites or any Contents contained therewith will be constantly available, or available at all; or
- The information on the Websites or in the Contents is complete, true, accurate or non-misleading.
Semi-Retired MD and its owners, presenters, and employees are not in the business of providing personal, financial, tax, legal or investment advice and specifically disclaims any liability, loss or risk, which is incurred as a consequence, either directly or indirectly, by the use of any of the information contained in the Websites and Contents. Semi-Retired MD, the Websites, and Contents, do not provide any legal, accounting, securities, investment, tax or other professional services advice and are not intended to be a substitute for meeting with professional advisors. If legal advice or other expert assistance is required, the services of competent, licensed and certified professionals should be sought. In addition, Semi-Retired MD does not endorse any specific investments, investment strategies, advisors, or financial service firms.
5. LIMITATIONS OF LIABILITY
Semi-Retired MD will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the use of, or otherwise in connection with, any of the Websites, Contents or Communities, as defined hereinbelow, online or offline:
- For any direct loss;
- For any indirect, special or consequential loss; or
- For any punitive, incidental, exemplary or similar damages;
- For any unauthorized access to or use of servers Semi-Retired MD uses and/or any and all personal information stored therein;
- For any interruption or cessation of transmission to or from our servers;
- For bugs, viruses, Trojan horses, spyware or the like that may be transmitted to or through the servers Semi-Retired MD uses by any third party; and/or
- For any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of our Websites or the information contained therein;
- For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data;
In no event shall Semi-Retired MD be liable to you for any claims in an amount exceeding the amount received from you hereunder during the six (6) months preceding the claim giving rise to such liability or USD$100.00, whichever is greater. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Semi-Retired MD has been expressly advised of the possibility of such damage or loss. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. These Terms of Use give you specific legal rights, and you may also have other rights, which vary based on the applicable jurisdiction. The disclaimers, exclusions, and limitations of liability under these Terms of Use will not apply to the extent prohibited by applicable law.
Semi-Retired MD is not responsible for any User Submissions, as defined hereinbelow, on Semi-Retired MD’s Websites or online communities, including but not limited to the groups listed at https://www.facebook.com/pg/semiretiredmd/groups/ (collectively, the online communities are hereinafter referred to as the “Communities”). User Submissions express the views of their authors only. You remain solely responsible for the content of your posted messages. Note that it is impossible for the staff or the owners of the Communities to confirm the validity of posts. Semi-Retired MD does not actively monitor the posted messages, and as such, is not responsible for the content contained therein.
6. INTELLECTUAL PROPERTY AND CONFIDENTIALITY
The Websites and Contents may contain intellectual property, industrial and other proprietary rights, protected or protectable under the laws of any country, including (a) trade names, trade dress, trademarks, service marks, logos, brand names and other identifiers; (b) copyrights, moral rights, neighboring rights, and related rights; (c) domestic and foreign inventions, patents and the registrations, applications, renewals, extensions and continuations, in whole or in part, thereof (hereinafter “Intellectual Property”), as well as trade secrets, inventions, discoveries, devices, processes, designs, techniques, trade secrets, ideas, know-how and other confidential or proprietary information, whether or not reduced to practice (hereinafter “Confidential Information”). Unless specified otherwise in writing, all Intellectual Property or Confidential Information rights in any element contained in the Websites and/or Contents, shall be the exclusive ownership of Semi-Retired MD.
You may use our Websites only for the purpose of using the Contents as provided, for informational, personal and non-commercial purposes and for no other purpose. No materials from the Websites may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without Semi-Retired MD’s prior written permission. You may not copy or distribute any graphics from the Websites and/or Contents separately from their accompanying text, and you may not quote materials out of their context. The permission to use provided above does not include permission to copy the design elements, look and feel, or layout of the Websites and/or Contents. All rights not expressly granted herein are hereby reserved by Semi-Retired MD.
Any unauthorized use of the materials appearing on our Websites or in our Contents may violate confidentiality, copyright, trademark, patent, and/or other applicable laws and could result in criminal or civil penalties.
Our Websites and Contents, as well as Communities, contain functions that allow you to submit feedback and participate in discussions with other users (“User Submission”). You retain ownership of any intellectual property rights that you hold in such User Submissions. When you create, upload, submit, store feedback to or through the Websites, Contents or Communities, you agree to give Semi-Retired MD a royalty-free, perpetual, sublicensable, irrevocable and worldwide license to use, host, store, reproduce, modify, translate and otherwise act with respect to such User Submissions to enable Semi-Retired MD to operate and improve its services.
7. USER CONDUCT AND SUBMISSION STANDARDS
You shall not use, either directly or indirectly, any information obtained via the Semi-Retired MD Websites, Contents or Communities, including but not limited to the personal contact information of other Semi-Retired MD members, in order to create similar Websites or Communities.
Any and all User Submissions you make via the Websites, Contents or Communities must be lawful, not spammy, and clear of virus or other malware. More specifically, but without limiting the foregoing, they must comply with the following User Submission standards:
• Not contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
• Not promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• Not infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person;
• Not violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use;
• Not violate or try to violate the security features of the Websites or Contents;
• Not be likely to deceive any person;
• Not promote any illegal activity, or advocate, promote or assist any unlawful act;
• Not cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
• Not be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization;
• Not involve commercial activities or sales, such as solicitation of business, contests, sweepstakes and other sales promotions, barter or advertising; and
• Not give the impression that they emanate from us or any other person or entity, if this is not the case.
A violation of any of the foregoing is grounds for termination of your right to use or access Semi-Retired MD’s Websites, Contents and Communities.
You hereby agree to indemnify, defend and hold harmless Semi-Retired MD and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of (i) any breach by you or any user of your account of these Terms of Use and/or (ii) out of the content of your user submissions. You shall cooperate as fully as reasonably required in the defense of any such claim. Semi-Retired MD reserves the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
Semi-Retired MD reserves the right to remove or modify any User Submission submitted for any reason without explanation. Semi-Retired MD reserves the right to take action against any account with Semi-Retired MD’s Communities at any time.
8. OTHER PARTIES
You accept that Semi-Retired MD has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Semi-Retired MD’s directors, officers or employees in respect of any losses you suffer in connection with the Websites or Contents.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in these Terms of Use will protect Semi-Retired MD’s directors, officers, employees, agents, affiliates, subsidiaries, successors, sponsors, assigns and sub-contractors as well as Semi-Retired MD.
Semi-Retired MD shall not be responsible, directly or indirectly, for any third-party contests hosted on any of its Websites, or any offline activities not hosted by Semi-Retired MD.
Semi-Retired MD has not reviewed all of the sites linked to the Websites and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Semi-Retired MD of the site. Use of any such linked website is at your own risk.
9. ADVERTISING AND AFFILIATE PROGRAMS
Semi-Retired MD may be compensated by companies mentioned through advertising, affiliate programs or otherwise on the Websites, without any extra cost to you. Any references to third party products, rates or websites are subject to change without notice. Please do the appropriate research before participating in any third party offers.
10. WAIVERS
Failure to enforce any right or provision of these Terms of Use will not be considered a waiver of those rights.
11. SEVERABILITY
If any provision of these Terms of Use is or is found to be, (i) unenforceable by any court, administrative body, or tribunal having proper jurisdiction under applicable law and these Terms of Use, or (ii) found to be in violation of or in conflict with any law of any applicable jurisdiction, such determination will not affect the enforceability of the other provisions of these Terms of Use.
12. CLASS ACTION AND JURY TRIAL WAIVER
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS. Semi-Retired MD and you agree that the resolution of any disputes between the parties shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. You and Semi-Retired MD agree that you may bring claims against Semi-Retired MD only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
Each party irrevocably and unconditionally waives, to the fullest extent permitted by applicable law, any right it may have to a trial by jury in any legal action, proceeding, cause of action, or counterclaim arising out of or relating to these Terms of Use, including any exhibits, schedules, and appendices attached to this agreement, or the transactions contemplated hereby.
13. GOVERNING LAW
These Terms of Use shall be governed and construed in accordance with the laws of Puerto Rico without regard to the choice of law rules thereof, except to the extent that any of such laws may now or hereafter be preempted by federal law.
14. ARBITRATION
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under these Terms of Use shall be subject to binding arbitration in accordance with the rules of the American Arbitration Association (“AAA”) by one arbitrator appointed in accordance with AAA rules. The arbitration shall take place in San Juan, Puerto Rico in the English language and the arbitral decision should be made according to law and may be enforced in any court. The prevailing party in any action or proceeding to enforce these Terms of Use shall be entitled to costs and attorneys’ fees.
SEMI-RETIRED MD IN-PERSON EVENT TERMS & CONDITIONS
By purchasing a ticket for admission to the event identified on the purchase page (the “In-Person Event”), you are agreeing to the following terms and conditions (the “Agreement”). If you do not understand or do not accept the terms of this Agreement, please do not purchase a ticket to this In-Person Event. If you have questions, please contact us at events@semiretiredmd.com.
This Agreement is entered into and effective as of the time of purchase by and between the purchaser (“you” or “Attendee”), and Taikun LLC, doing business as Semi-Retired MD (the “we” or “Company”), having an address of 53 CALLE PALMERAS, SUITE 601, SAN JUAN, PR, 00901.
The headings in this Agreement are for ease of reading and reference only and are not intended to be a part of or affect any term or condition of this Agreement.
In consideration of the Attendee’s purchase with regard to the In-Person Event, it is agreed as follows:
1. Payment
a. Admission Cost. In consideration for the services made available by the Company to the Attendee in connection with the In-Person Event, as described on the purchase page (collectively, the “Services”), the Attendee agrees to pay the In-Person Event admission fee listed at the time of purchase, as a one-time payment (the “Admission Cost”).
b. Payment Processing. If the Attendee provides the Company with bank/credit/debit card(s) information and/or other banking and financial information for the payment of the Admission Cost, the Company shall be authorized to charge the Attendee’s card(s) or account(s) for any unpaid charges.
c. Payment Disputes. The Attendee agrees to not dispute any charges at any time. In the event that the Attendee inadvertently disputes a charge made to the Company, the Attendee agrees to immediately cancel/withdraw such a dispute. The Attendee agrees not to cancel the credit/debit card that is provided for payment without the Company’s prior written consent. Attendee is responsible for any fees, including attorney’s fees, associated with recouping disputed payment and any collection fees associated thereto.
d. Third-Party Provider. The Attendee acknowledges and agrees that the Company does not operate, own, or control the payment provider it uses, and the Attendee’s use of any payment provider is subject to the terms and privacy policies of that payment provider. The Attendee agrees that the Company is not responsible for any delay, failure, damage, or liability caused by a payment provider, any other third party, a force majeure, or the Attendee’s failure to timely or properly provide any requested information for payment.
2. Transportation, Lodging and Accommodations
The Admission Cost does not include transportation to or from the In-Person Event, nor accommodations, lodging or unlisted meals during the In-Person Event, unless expressly indicated otherwise by the Company in writing.
You understand that you are responsible for arranging and paying for your own transportation, accommodation and meals before, after and during the In-Person Event, and will not be reimbursed for any such expenses by the Company.
In the event that a block of rooms is made available to In-Person Event attendees for reservations, the Company makes no guarantees as to the availability or quality of such accommodations or the quality of service. The Attendee hereby releases the Company from any liability as it relates to the accommodations and services connected thereto.
3. In-Person Activities
By participating in any and all activities during the In-Person Event, the Attendee acknowledges and confirms that the Attendee does not have any physical limitations, medical ailments, or physical or mental conditions or disabilities that would limit or prevent such Attendee from participating in the activities. If necessary, the Attendee will be solely responsible for obtaining a medical examination and clearance to participate in said activities.
The Attendee hereby releases the Company from any liability stemming from personal property loss, injury, and/or death that the Attendee may sustain while attending the In-Person Event and/or participating in its activities.
Please note that vaccination is not required to attend the Live Event. All attendees are encouraged to responsibly wear masks whenever possible in advance of the In-Person Event, especially during travel and aboard shared or public transportation, to reduce the likelihood of infection and unintentional spreading of disease upon arrival. All attendees are strongly encouraged to wash their hands frequently and maintain social distancing whenever possible.
4. Submissions and Recordings.
During or after the In-Person Event, the Attendee may submit feedback, suggestions, and testimonials to the Company (collectively, “Submissions”), and the Company may make photo, video, audio or audiovisual recordings of the Attendee participating in the In-Person Event (collectively, “Recordings”).
The Company shall be the sole and exclusive owner of the Recordings. Attendee acknowledges and agrees that Company has the permission to use the Submissions and Recordings (including the Attendee’s name, image and likeness therein), in whole or in part, for the advertising, marketing, publicity, and promotion of Company and its goods and services, and all other commercial business purposes, including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat the Submissions and Recordings, and to publish Attendee’s name in connection with such Submissions and Recordings.
No compensation will be paid to the Attendee with respect to the use of any Submissions or Recordings as provided herein by the Company. Company is under no obligation to post or use any Submissions or Recordings and may remove any Submissions or Recordings at any time at the Company’s sole discretion.
Attendee certifies that Submissions are accurate and truthful and reflect Attendee’s personal experiences and honest beliefs, and all Submissions are submitted by Attendee of Attendee’s own free will.
If you do not wish for your Recordings to be used by the Company, you may expressly opt out by using the opt-out method determined and provided by the Company at the In-Person Event, which could include, without limitation, using a special-colored lanyard or admission pass. Please check with the Company’s representatives at the beginning of the In-Person Event for the applicable opt-out method. Please note that exercising your opt-out right does not prevent the Company from making or using Recordings of groups of people where you are featured but not identifiable.
5. Termination, Cancellations and Refunds
The Attendee’s inability to attend the In-Person Event is not grounds for any refunds, partial or otherwise, unless a cancellation and refund is requested in accordance with our refund policy at https://semiretiredmd.com/semi-retired-refund-policy/.
In the event that the Attendee engages in abusive or unprofessional behavior at the In-Person Event towards representatives of the Company, speakers or other Attendees, the Company reserves the right to remove the Attendee from the In-Person Event without warning or refund. The removed Attendee will remain obligated to pay all remaining unpaid fees in full.
The Attendee acknowledges and agrees that the Company reserves the right to change any and all aspects of the In-Person Event in its sole discretion, including but not limited to the In-Person Event name, themes, content, program, speakers, performers, hosts, moderators, venue, and time. The Attendee’s failure to effectively participate in the In-Person Event is not a valid ground for a refund.
The Company may decide to terminate this Agreement at any time. In the event that the Company decides to do so before the start of the In-Person Event, the Company shall release the Attendee from any further financial obligation under the Agreement and will provide a refund if the Attendee has paid in full. This does not include termination due to force majeure, as defined hereinbelow.
The Attendee understands that disputing a charge through his or her financial institution or payment service provider is a violation of this Agreement and agrees not to do so.
6. Force Majeure
Notwithstanding the above, the Company may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of the Company that materially affects the Services to be provided by the Company, including:
a. Any natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, or infestation); or
b. War, invasion, act of foreign enemies, embargo, or other hostility (whether declared or not); or
c. Any hazardous situation created outside the control of either party, such as government order or law, riot, disorder, pandemic or epidemic, nuclear leak or explosion, or act or threat of terrorism.
In the event that this section applies, the Company will be permitted to make a reasonable effort to reschedule the In-Person Event as needed in order to comply with the terms of this Agreement; however, it will not be found in breach if this is not possible due to the circumstances.
7. No Guarantees; Disclaimers.
a. No Guarantee of Outcomes. The Company cannot and does not guarantee any outcome as a result of attending the In-Person Event and/or participation in the In-Person Event. We make no guarantees other than that the Services shall be provided to you in accordance with this Agreement. Attendee acknowledges that the Company cannot guarantee any results of the In-Person Event as such outcomes are based on subjective factors (including, but not limited to, Attendee’s participation) that cannot be controlled by the Company. Any testimonials or reviews shared by the Company are not a representation of guaranteed results, only possible results. Attendee not achieving his or her desired results is not grounds for a refund. To the fullest extent permitted by law, Attendee acknowledges and agrees that Company has not made any representations or warranties (whether by statute, common law, custom, usage or otherwise) regarding the accuracy or completeness of the Services, and that Company specifically disclaims any and all express and implied warranties. Attendee accepts personal responsibility for the results of Attendee’s actions. Attendee agrees to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended in the Services.
b. Third Parties. The Company may make available to the Attendee affiliate links under which the Company may benefit monetarily. Company in no way guarantees the quality of service provided by any third party and bears no liability with respect to such service or experience.
From time to time, and upon the Attendee’s request, the Company may provide the Attendee with recommendations or referrals for third-party service providers. The Company in no way guarantees the quality of service provided by any third parties and bears no liability with respect to such service or experience.
Attendee acknowledges and agrees the Company is not responsible or liable for any views expressed or content given by any third-party speakers or panelists present at the In-Person Event.
c. Disclaimers. Attendee acknowledges and agrees that the Company is not in the business of providing personal, financial, tax, medical, legal or investment advice and specifically disclaims any liability, loss or risk, which is incurred as a consequence, either directly or indirectly, by the use of Services or any of the information contained in the Services. The Company does not provide any legal, accounting, securities, investment, tax or other professional services advice and the Services are not intended to be a substitute for meeting with professional advisors. If legal advice or other expert assistance is required, the services of competent, licensed and certified professionals should be sought. In addition, the Company does not endorse any specific investments, investment strategies, advisors, or financial service firms.
Attendee understands that the information presented in the In-Person Event is not legal, financial, therapeutic, mental health, or medical advice, and the Company is not a law firm. All of the information provided throughout the In-Person Event and the Services, including the resources delivered via phone/video conference, e-mail, in the online forum, webinars and video/audio recordings educating about business, laws, health, and/or finance-related information, are resources for educational and informational purposes only.
If a representative or individual acting on behalf of the Company within the In-Person Event or other programming is licensed in some professional manner (JD,MD, RN, PA, LMFT, Therapy/Mental health professionals, etc.), the Attendee understands that these individuals are not acting within their capacity as a licensed professional(s).
8. Intellectual Property and Confidentiality
The Services may contain intellectual property, industrial and other proprietary rights, protected or protectable under the laws of any country, including (a) trade names, trade dress, trademarks, service marks, logos, brand names and other identifiers; (b) copyrights, moral rights, neighboring rights, and related rights; (c) domestic and foreign inventions, patents and the registrations, applications, renewals, extensions and continuations, in whole or in part, thereof (hereinafter “Intellectual Property”), as well as trade secrets, inventions, discoveries, devices, processes, designs, techniques, trade secrets, ideas, know-how and other confidential or proprietary information, whether or not reduced to practice (hereinafter “Confidential Information”). Unless specified otherwise in writing, all Intellectual Property or Confidential Information rights in any element contained in the Services shall be the exclusive ownership of the Company.
You may use the Services, Intellectual Property and Confidential Information only for the purpose as provided, for informational, personal and non-commercial purposes and for no other purpose. No materials from the Services, Intellectual Property or Confidential Information may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without the Company’s prior written permission. You may not copy or distribute any graphics from the Services, Intellectual Property or Confidential Information separately from their accompanying text, and you may not quote materials out of their context. All rights not expressly granted herein are hereby reserved by the Company.
Attendee agrees not to create any derivative products, blog posts, websites, guides, worksheets, tool kits, videos, audio recordings, or the like based on the Company’s Intellectual Property (including any and all content) or that in any way violates the Company’s Intellectual Property, without Company’s written consent. No recordings of the In-Person Event may be captured, distributed or otherwise used by Attendees without the written consent of the Company, except for photos and video recordings of no more than one minute in length per clip, captured by the Attendee and used solely for the Attendee’s personal and non-commercial purposes, such as posting on the Attendee’s social media account(s), with proper attribution to the Company. Any unauthorized use of the materials from the Services may violate confidentiality, copyright, trademark, patent, and/or other applicable laws and could result in criminal or civil penalties. The Company reserves the right to request takedown and deletion of any recordings captured, distributed or otherwise used by the Attendee in violation of the above, in addition to any other recourses available.
You retain ownership of any intellectual property rights that you hold in your Submissions. You agree to give the Company a royalty-free, perpetual, sublicensable, irrevocable and worldwide license to use, host, store, reproduce, modify, translate and otherwise act with respect to such Submissions to enable the Company to operate and improve its services.
9. Non-Disparagement
You agree that you shall not, on your own behalf or on behalf of another, either alone or in combination with others, directly or indirectly, in any capacity whatsoever, make any statements, or take any other actions whatsoever, online or offline, to defame, slander, disparage, or otherwise call into disrepute the Company or its business, clients, subsidiaries, affiliates, successors, assigns, officers, key employees or directors.
10. Other Remedies and Continuing Obligations
In the event that the Attendee breaches any of the terms contained herein, the Attendee agrees that said breach will result in immediate and irreparable harm to the business and goodwill of the Company and that damages, if any, and remedies at law for such breach would be inadequate. In addition to any and all such remedies available to the Company, the Company shall, therefore, be entitled to apply for and receive from any court of competent jurisdiction an injunction to restrain any violation of this Agreement and for such further relief as the court may deem just and proper. Attendee agrees to pay or reimburse the Company for all costs and expenses incurred by the Company, its affiliates, and any of its respective officers, directors, shareholders, members, managers, principals, employees, agents, and representatives (the “Related Parties”) in enforcing any breach.
The obligations, duties and liabilities of the parties pursuant to Sections and of this Agreement are continuing, absolute and unconditional and shall remain in full force and effect as provided therein despite any expiration or termination of this Agreement for any reason whatsoever.
11. Personal Information and Privacy
The Company is committed to protecting and respecting your privacy, and will only use any personal information submitted by you in accordance with the Company’s privacy policy, located at https://semiretiredmd.com/terms_of_use_privacy_policy/ (the “Privacy Policy”). By making a purchase, you agree that the Company can use your personal data in accordance with the Privacy Policy.
12. Warranties
Attendee represents, warrants, and covenants that the Attendee has full authority to enter into this Agreement and has or will obtain all of the necessary consents, rights, licenses, clearances, releases or other permissions to lawfully consummate the transactions and lawfully discharge, in all material respects, each and every of Attendee’s obligations or duties, whether performance is due now or during the term of this Agreement.
Except for the express warranties provided throughout these terms, neither party makes any other warranties, express or implied.
13. Limitation of Liability
In no event shall the Company have any liability to Attendee for any lost profits, loss of use, business interruption, costs of procurement of substitute goods or services, or for any indirect, special, incidental, multiple, exemplary, punitive, or consequential damages however caused and, whether in contract, tort or under any other theory of liability, whether or not the Company has been advised of the possibility of such damage.
To the extent permitted by law, in no event shall the Company’s liability to the Attendee exceed one hundred percent (100%) of the Admission Cost paid by the Attendee under this Agreement, whether in contract, tort, or under any other theory of liability.
14. Entire Agreement; Modification
This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all the parties.
No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision. No waiver shall be binding unless executed in writing by the party making the waiver.
15. Neutral Construction
This Agreement was prepared by the Company and/or the Company’s legal counsel. It is expressly understood and agreed that this Agreement shall not be construed against the Company merely because they were prepared by its counsel; rather, each provision of this Agreement shall be construed in a manner which is fair to both parties.
16. Assignment
This Agreement shall be binding on the parties to it and their respective heirs, legal representatives, successors, and assigns; provided, however, that the Attendee may not assign any of its rights under this Agreement without the Company’s prior written consent.
17. Notices
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
TAIKUN LLC
53 Calle Palmeras, Suite 601, San Juan, PR, 00901
events@semiretiredmd.com
To Attendee at Attendee’s mailing and/or e-mail address provided at the time of purchase.
Any party may change its address for purposes of this Section by giving the other parties written notice of the new address.
18. Governing Law; Venue; Mediation
This Agreement shall be construed in accordance with, and governed in accordance with the laws of Puerto Rico and the laws of the United States of America applicable therein. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights and/or obligations of confidentiality (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the rules of the American Arbitration Association (“AAA”) by one arbitrator appointed in accordance with AAA. The arbitration shall take place in San Juan, Puerto Rico, in the English language, and the arbitral decision shall be final, binding and without appeal, and may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
19. Severability
Wherever possible, each provision of this contract will be interpreted so that it is valid under applicable law. If any provision is held illegal or unenforceable, that provision will be reformed to the extent necessary to make the provision legal and enforceable. All remaining provisions will remain unaffected & will continue in full force and effect.
Both parties understand that consent transmitted digitally and created electronically via touchscreen or computer mouse shall have the same force and binding effect under law as an original handwritten signature in ink.