Terms and Conditions

Access and Use of Service

1. Acceptance of Terms: Utilization of our services constitutes acceptance of these terms.
2. Amendment Rights: DirecTCM reserves the right to amend requirements at any time without prior notification.
3. Compliance Obligation: Users are responsible for adherence to these terms and relevant laws.
4. Professional Authorization: Health Professionals must be duly authorized, adhering to licensing, ethical standards, and pricing regulations.

Eligibility and Obligations

• Legal Age Requirement: Users must have attained the age of majority as per their jurisdiction.
• Local Law Adherence: Compliance with laws pertaining to professional conduct, product promotion, and taxation is mandatory.
• Information Accuracy: Provision and maintenance of accurate, complete personal and payment details, including professional licensing, are required.
• Tax Obligations (U.S. Residents): Users must declare income to the IRS and relevant authorities; DirecTCM disclaims responsibility for maintaining or reporting income records, barring legal requirements.
• Embargo and Export Control Compliance: Adherence to the United States and relevant countries’ embargoes and export controls is obligatory.

Account Responsibilities

• Confidentiality and Security: Users are solely responsible for the security and activities of their accounts.
• Unauthorized Use Notification: Users must immediately report unauthorized account usage to DirecTCM.
• Liability Disclaimer: DirecTCM disclaims liability for losses due to non-compliance with these security guidelines.

Usage and Conduct

• Unauthorized Representations Prohibited: Users must not make unauthorized representations on behalf of DirecTCM.
• Product Promotion Compliance: Adherence to applicable laws in the user’s region regarding product promotion and sales is required.
• Responsibility for Product Claims: Users bear sole responsibility for any product claims made.
• Prohibited Activities: Engaging in illegal, fraudulent, misleading, or harmful activities is forbidden.
• Content Standards: Posting of offensive, obscene, or invasive content is prohibited.
• Intellectual Property and Privacy Respect: Users must respect intellectual property rights and privacy.
• Identity Integrity: Maintaining a genuine identity and avoiding impersonation is mandatory.
• Resource Usage: Users must not compromise site security or overburden its resources.
• Copyright Adherence: Unauthorized content use, alteration, or disregard of copyright notices is prohibited.
• Account Access Limitation: Account access should be limited to the user, linked staff, or supervised agents.
• Reputation and Safety: Actions detrimental to DirecTCM’s reputation or safety are prohibited.
• Misrepresentation: False representation as an agent of DirecTCM is forbidden.

Communication Consent

• Agreement to Communications: Account creation implies consent to receive electronic communications regarding account management and promotional content.
• Opt-Out Provision: Opting out of marketing communications does not exempt users from transactional or business-related messages.

Sales Tax Compliance

• Tax Handling: DirecTCM is responsible for the collection and remittance of sales tax on sold products.
• Documentation Requirement: Practitioners must provide necessary documentation for sales tax compliance upon request.

Intellectual Property Rights of DirecTCM

• Proprietary Content: DirecTCM’s sites encompass copyrighted material, trademarks, service marks, and other proprietary content.
• Usage Restrictions: Copying, distributing, or reproducing site content without written permission is prohibited.
• Rights and Permissions: Usage of our sites does not transfer any DirecTCM intellectual property rights to the user. All rights, titles, and interests remain with DirecTCM and its licensors. Rights granted to users are subject to revocation.

Third-Party Applications and Resources

• Disclaimer of Responsibility: DirecTCM disclaims responsibility for third-party resource availability, content, or services, and any resultant damages or losses.
• Third-Party Interactions: Interactions, including payments and terms, with third parties are solely between the user and the third party.
• Account Connections: User accounts may link to third-party resources. DirecTCM disclaims responsibility for data transmission to third parties outside its control.

Disclaimer of Warranties

DIRECTCM PROVIDES PRODUCTS AND SERVICES “AS IS” WITHOUT WARRANTIES OF ANY KIND. THIS DISCLAIMER INCLUDES ALL EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. DIRECTCM DOES NOT GUARANTEE UNINTERRUPTED OR ERROR-FREE SERVICE, NOR FREEDOM FROM HARMFUL COMPONENTS.

Indemnification and Liability Limitation

• Indemnification: Users agree to defend and indemnify DirecTCM against damages arising from service use or term violations.
• Liability Limitation: DirecTCM’s liability is limited to indirect, special, or consequential damages, capped at the amount of service fees paid in the preceding three months.
• Jurisdictional Limitations: In jurisdictions where liability cannot be limited as above, it will be restricted to the maximum extent permitted by law.

Data Privacy & Security

• Compliance with U.S. Laws: Privacy practices adhere to U.S. laws.
• User Responsibilities: Users are responsible for mobile service charges and must comply with local laws.

iOS – Apple Specific Terms

Agreement with Apple: These terms are between the user and DirecTCM, subject to Apple’s App Store Terms and Conditions.

Legal Jurisdiction

Governing Law: These terms are governed by the laws of the State of California.

Force Majeure

Exemption for Uncontrollable Events: DirecTCM is not liable for service disruptions caused by events beyond its control.

Severability and Non-Waiver

• Severability: If any part of these Terms is invalid, it will be removed without affecting the remainder.
• Non-Waiver: Non-enforcement of any term does not constitute a waiver of DirecTCM’s rights.

Account Termination

• Termination Rights: DirecTCM may terminate accounts or service access at its discretion.
• Refund Limitations: Refunds are limited to unfulfilled paid services, except in cases of breach.

California User Rights

Specific Rights: California users are entitled to rights as detailed in California Civil Code Section 1789.3.

Assignments

• Transfer Restrictions: Rights under these Terms cannot be transferred without DirecTCM’s consent.
• Assignment Rights of DirecTCM: DirecTCM may assign its rights under these Terms at its discretion.

Electronic Communications and Signatures

Legal Validity: Electronic communications and transactions from DirecTCM are legally binding and equivalent to written signatures.