Terms of Use for Our Website and Mobile Application

Introduction

We provide a website and a mobile app:

·         Website: https://MyPalPal.com

• MyPalPal Mobile Application (the “App”), for [both iPhone and Android].

The Website and the App allow users to view health-related information and communicate with practitioners.

These Terms of Use for our Website and Mobile Application (these “Terms of Use”) apply to the Website, which is owned and operated by OneWorldMD LLC as well as all other websites owned, operated, licensed, or controlled by OneWorldMD LLC (collectively the “Websites”). These Terms of Use also apply to the App, which is owned and operated by OneWorldMD LLC, as well as all other mobile applications offered under the OneWorldMD LLC name that do not have separate Terms of Use or that link to these Terms of Use (collectively the “Apps” and together with the Websites, the “Services”).

Information provided on the Services is not a substitute for the advice of a personal physician or other qualified health care professional. Always seek the advice of a physician or other qualified health care professional with any questions regarding medical symptoms or a medical condition. Never disregard professional medical advice or delay seeking it because of something you have read on the Services.

If you think you or someone you are taking care of has a medical or psychiatric emergency, call 911 or go to the nearest hospital.

OneWorldMD LLC does not warrant the accuracy, completeness, timeliness or usefulness of the opinions, advice, content, services or other information provided through the Services, by a Service Provider (as defined below), or on the internet generally. The Services may contain health or medical-related materials or information that you may find sexually explicit or otherwise offensive.

OneWorldMD LLC and its affiliates, licensors, and suppliers have no control over and accept no responsibility for your compliance with the laws applicable to your country or state of residence.

Agreement

BY ACCESSING OR USING THE SERVICES OR CLICKING “I ACCEPT” BELOW, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND THE WEBSITE AND MOBILE APP PRIVACY STATEMENT (THE “PRIVACY STATEMENT”). IF YOU DO NOT AGREE WITH THESE TERMS OF USE OR THE PRIVACY STATEMENT, DO NOT ACCESS OR USE THE SERVICES.

By accessing or using the Services or clicking “I Accept” below, you represent and warrant that: (1) you have the legal power and authority to agree to, and be bound by, these Terms of Use; (2) if you have provided information to us in connection with your use of the Services, such information is true and accurate.

Using Messaging Within the Services

OneWorldMD LLC provides users with a number of interactive online services to help them better communicate with healthcare professionals who provides services via the Services (each individually a “Service Provider” and collectively the “Service Providers”). These services may include (but are not limited to) secure messaging, including communication with Service Providers and appointment requests.

You agree that you will not upload or transmit any communications or content of any type (including secure messaging) that infringe upon, misappropriate or violate any rights of any party.

With respect to communications via the Services, OneWorldMD LLC reserves the right but is not obligated to do any or all of the following:

·         Record the dialogue in any public chat room;

·         Investigate any allegation that a communication does not conform to these Terms of Use and determine in its sole discretion to remove or request the removal of the communication;

·         Remove any communication that in OneWorldMD LLC’s sole discretion is abusive, illegal, disruptive, or otherwise fails to comply with these Terms of Use;

·         Monitor, edit, or disclose any communication in the public areas of the Services; and

·         Edit or delete any communication posted on the Services, regardless of whether such communication violates these Terms of Use or other policies of OneWorldMD LLC.

Viewing Medical Records

Users may use the Services to view certain information displayed from their medical records, including the results of certain laboratory tests. Using a lab test result feature is considered to be a request to receive lab test results online or on a mobile device.

Users may also authorize other users of the Services to view health information. If you are authorized to access another user's health information, you agree to protect the confidentiality of this information and comply with state and federal privacy laws that may prohibit the redisclosure of health information without the express written authorization of the person who is the subject of the health information, including but not limited to special protections which apply to the redisclosure of health information regarding HIV-related information, alcohol and substance abuse treatment information, mental health information, and genetic information.

In addition, although the Services display certain information in medical records, they do not necessarily display all information found in those medical records. If you think that medical record information displayed on the Services is inaccurate, you can request OneWorldMD LLC to amend the medical record by mailing a request as indicated in our Notice of Privacy Practices (the “Notice”), which Notice is available on the Website at [URL] and available via our App by accessing [Settings > Information > HIPAA]. You may also request a complete copy of a medical record as indicated in the Notice.

Any personal information you submit to the Services (for yourself or someone else) is governed by the Notice as well as our Website and Mobile App Privacy Statement (the “Privacy Statement”), which Privacy Statement is available on the Website at [URL] and available via our App by accessing [Settings > Information > Privacy]. Your rights to see and receive copies of your own or others' personal health information are also subject to the Notice and the Privacy Statement.

App: "Jailbreaking" the Mobile Operating System

The Apps are intended for use only on a mobile device that is running an unmodified manufacturer-approved operating system. Using any of the Apps on a device with a modified operating system may undermine security features that are intended to protect health information from unauthorized or unintended disclosure. If you use any of the Apps on a mobile device that has been modified, you may compromise your health information or the health information of anyone for whom you have been given access. Use of any of the Apps on a mobile device with a modified operating system is a material breach of these Terms of Use.

Passwords

OneWorldMD LLC has tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your online password or account for the Services. It is your sole responsibility to (1) control the disclosure and use of your password(s), password reset code(s), and similar; (2) authorize, monitor, and control access to and use of your account and password to access the Services; (3) promptly change your password if you feel it has become compromised; and (4) promptly inform OneWorldMD LLC of any need to deactivate an account entirely.

To change your password, [sign on to the App or the Website, choose the icon next to your name at the top of the page, and select Settings.] To deactivate your account, you may contact us at [EMAIL ADDRESS].

If you enable biometric authentication (e.g., iOS or iPadOS Face ID, Touch ID or Android Fingerprint) to sign on to the Services, it is your responsibility to be aware that all faces or fingerprints set up on your device for such biometric authentication will be linked to your account associated with the Services. If other people use the biometric authentication method enabled on your device, they may be able to gain access to your OneWorldMD LLC account via the Services and view information you consider to be private. It is your responsibility to understand the risks of biometric authentication enabled on your mobile device.

You can stop using biometric authentication to sign on to the Services at any time at the device level.

Breaches of these Terms of Use

In consideration of being allowed to use the Services, you agree that the following actions shall constitute a material breach of these Terms of Use:

• signing on as or pretending to be another person (Note: this does not restrict authorized use of the Services to view health information of another individual);
• using the Services or any part thereof for any purpose in violation of local, state, federal, or international laws or posted OneWorldMD LLC policies;
• transmitting material through the Services that infringes or violates the intellectual property rights of others or the privacy or publicity rights of others;
• transmitting material through the Services that is unlawful, obscene, defamatory, predatory of minors, threatening, harassing, abusive, slanderous, or hateful to any person (including OneWorldMD LLC personnel or Service Providers) or entity, each as determined by OneWorldMD LLC in its sole discretion
• using the Services in a way that is intended to harm or a reasonable person would understand would likely result in harm to the user or others;
• collecting information about others, including email addresses;
• intentionally distributing viruses or other harmful computer code;
• attempting to probe, scan, hack, or otherwise test the vulnerability of the Services or any related system or network;
• attempting to breach any security or authentication measures on the Services or any related system or network;
• using any "deep-link", "page-scrape", "robot", "spider", data mining tools, data gathering and extraction tools, or other automatic device, program, algorithm or methodology, to (1) access, acquire, copy or monitor any portion of the Services, or (2) in any way reproduce or circumvent the navigational structure or presentation of the Services;
• copying (except as expressly permitted herein), decompiling, reverse-engineering, disassembling, attempting to derive the source code of, modifying, or creating derivative works of the Services or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law); or
• "Jailbreaking" the operating system of a mobile device using the Apps (or any of them).

OneWorldMD LLC expressly reserves the right, in its sole discretion, to terminate a user's access to any Services and/or to any or all areas of the Website or App due to any act that would constitute a violation of these Terms of Use. To the extent there is an inconsistency between these Terms of Use and the Privacy Statement, these Terms of Use shall govern.

Communications by Email

By accepting these Terms of Use, you agree to receive essential communications by email. These communications may include (but are not limited to):

• notification that an important message awaits you on the Services (this may be a message from a Service Provider, an appointment confirmation or reminder, or similar)
• Website and App service updates
• emergency alerts and critical messages
• general health communications from OneWorldMD LLC and Service Providers

While you have an account for the Services, you may receive the monthly or quarterly updates by email as part of your essential communications and services. In addition, you may periodically receive invitations to participate in user satisfaction and other types of surveys related to your experiences with the Services. Participation in such surveys is always optional.

If you forget your password for the Services, you may have an option to have a one-time password reset code sent to the email address you provided to us when you registered to use the Services. To protect your privacy, we recommend that you not use an email address that you share with anyone else. To update your email address, [sign on to the App or the Website, choose the icon next to your name at the top of the page, and select Settings.]

Communications by Phone or Text

You verify that any phone information provided to OneWorldMD LLC or a Service Provider is true and accurate, and that you are the current subscriber or owner of any telephone number that you provide. 

You acknowledge that by voluntarily providing your telephone number(s), you expressly agree to receive prerecorded voice messages, and/or autodialed calls and text messages from us, our agents, affiliates, and independent contractors related to your relationship with OneWorldMD LLC or Service Providers.  You acknowledge that automated calls or text messages may be made to your telephone number(s) even if your telephone number(s) is/are registered on any state or federal Do Not Call list.  You agree to receive automated calls and text messages from OneWorldMD LLC, our agents, affiliates, and independent contractors even if you cancel your account or terminate your relationship with us unless you opt-out (see below).

The text message communications that you may receive from OneWorldMD LLC or a Service Provider may include but are not limited to:

• A one-time, multifactor authentication passcode sent to you after you have opted-in to receiving such a code to authenticate your logging onto the Services;
• General health communications from Service Providers including but not limited to notifications regarding upcoming or scheduled appointments, checkups and exams, lab results, follow-up, prescription notifications or reminders, or home healthcare instructions;
• General communications relating to your account, registration, changes and updates, service outages, reminders, billing notifications, payment notices, new services available to users, or any transaction with OneWorldMD LLC; and
• Marketing and promotional communications.

At any time, even if you have expressly given us permission to send voice or text messages to you, you may communicate your desire not to receive additional voice or text messages by following the stop or opt-out instructions in the voice or text message, by adjusting your preferences on the Website or the App for certain categories of communications, or by contacting OneWorldMD LLC at (212) 498-8862.

You acknowledge that neither OneWorldMD LLC nor any Service Provider is liable for delayed or undelivered messages.

Message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

You acknowledge that you are aware text messages are not fully secure and could be intercepted by a third party. You acknowledge that if you share your mobile device with others, they may be able to view text messages sent by OneWorldMD LLC.  It is your responsibility to understand the risks of receiving text messages on your mobile device. To update your mobile phone number, [sign on to the App or the Website, choose the icon next to your name at the top of the page, and select Settings.]

Use by Children

The Services are not intended for use by children under the age of 18. In accordance with the Children’s Online Privacy Protection Act of 1998, OneWorldMD LLC does not knowingly allow minors under the age of 13 to create accounts that allow access to the Services. If OneWorldMD LLC is made aware of the creation of an account to access the Services by a minor under the age of 13, we will terminate such account and delete associated information.

Access, Correction, and Data Integrity

Although we attempt to maintain the integrity and accuracy of the information on the Services, we make no guarantees as to its correctness, completeness, or accuracy. The Services may contain typographical errors, inaccuracies, or other errors or omissions. Also, unauthorized additions, deletions, or alterations could be made to the Services by third parties without our knowledge. If you believe that information found on the Services is inaccurate or unauthorized, please inform us by contacting us at [PHONE NUMBER / EMAIL ADDRESS].

Revisions, Changes, and Updates

We may revise the information on the Services or otherwise make changes to or update the Website or the App, including these Terms of Use, without notice to you. OneWorldMD LLC may also make improvements and/or changes in products and/or services described on the Website or the App or add new features at any time without notice. We encourage you to periodically read these Terms of Use to see if there have been any changes to our policies that may affect you. Your continued use of the Services will signify your continued agreement to these Terms of Use as they may be revised.

Links to Third Party Websites

The Services may contain hyperlinks, directly or by means of search results, to other websites that are not maintained by, or affiliated with, OneWorldMD LLC. Hyperlinks to such third-party websites are provided as a service to users and are not sponsored by or affiliated with the Services or with OneWorldMD LLC. OneWorldMD LLC has not reviewed any or all of such websites and is not responsible for the content of those websites. Hyperlinks are to be accessed at your own risk, and OneWorldMD LLC makes no representations or warranties about the content, completeness, or accuracy of these hyperlinks or the sites hyperlinked to the Services. Further, the inclusion of any hyperlink to a third-party website does not necessarily imply endorsement by OneWorldMD LLC of that website or the material or content contained therein.

Such websites may be co-branded, meaning that they may display a OneWorldMD LLC logo even though they are owned and controlled by a third party. Please review the privacy statement and any terms of use of each such website that you visit.

Indemnity

You shall indemnify and hold OneWorldMD LLC, its directors, officers, affiliates, employees, agents, representatives, medical staff, successors, and assigns and the Service Providers (the "Indemnified Parties”) harmless from any breach by you of these Terms of Use, including any use of the Services other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties shall have no liability in connection with any such breach or unauthorized use.

Disclaimer of Warranties

THE SERVICES, AND ANY CONTENT, INFORMATION, SERVICES OR PRODUCTS OBTAINED THROUGH THE SERVICES ARE PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOUR USE OF THE SERVICES IS VOLUNTARY AND AT YOUR OWN RISK. ANY REFERENCES TO SPECIFIC PRODUCTS OR SERVICES ON THE SERVICES DO NOT CONSTITUTE OR IMPLY A RECOMMENDATION OR ENDORSEMENT OF SUCH PRODUCTS OR SERVICES BY ONEWORLDMD LLC UNLESS SPECIFICALLY STATED OTHERWISE.

Limitation of Liability

ONEWORLDMD LLC, THE SERVICE PROVIDERS, AND THEIR AFFILIATES, SUPPLIERS, AND OTHER THIRD PARTIES MENTIONED OR LINKED TO VIA THE SERVICES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES OR TO ANY CONTENT, INFORMATION, SERVICES OR PRODUCTS OBTAINED THROUGH THE SERVICE, ANY APP OR ENTITY TO WHICH YOU PERMIT ONEWORLDMD LLC TO RELEASE DATA (AND INCLUDING, WITHOUT LIMITATION, THE APP’S USE OF ANY DATA YOU MAKE AVAILABLE TO THE APP), AND/OR ANY THIRD PARTY WEBSITE, OR YOUR USE OF ANY OF THE FOREGOING, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS DESCRIBED IN THE FOLLOWING PARAGRAPH, YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, SITE-RELATED SERVICES, THE APP, AND/OR THIRD PARTY WEBSITES, SERVICES, OR APPS IS TO STOP USING SUCH WEBSITE(S), APP(S), AND/OR SERVICES.

APPLICABLE LAWS MAY NOT ALLOW SUCH DISCLAIMER OF WARRANTIES, LIMITATIONS OF LIABILITY, OR THE EXCLUSIONS FROM SUCH LIABILITY, AND YOU MAY BE ENTITLED TO SEEK OTHER REMEDIES UNDER YOUR ANOTHER AGREEMENT WITH ONEWORLDMD LLC. IN SUCH CASE, THE ABOVE DISCLAIMERS, LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ONEWORLDMD LLC DISCLAIMS ANY AND ALL LIABILITIES OR OBLIGATIONS WHATSOEVER RELATED TO THE USE OF THE SERVICES BY ANYONE OTHER THAN YOU.

Choice of Law

THESE TERMS OF USE ARE GOVERNED BY NEW YORK LAW WITHOUT REGARD TO ITS PRINCIPLES OF CONFLICTS OF LAW. IF ANY VERSION OF THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT (UCITA) IS ENACTED AS PART OF THE LAW OF NEW YORK, THAT STATUTE SHALL NOT GOVERN ANY ASPECT OF THESE TERMS OF USE.

Intellectual Property Rights and Restrictions

OneWorldMD LLC hereby grants you a personal, non-exclusive, non-transferable, limited, revocable right to use the Services for personal, non-commercial purposes only and in accordance with these Terms of Use. You agree not to use the Services for any other purpose, including but not limited to any commercial purpose, without the prior written consent of OneWorldMD LLC. For example, you may not (and may not direct or authorize any other party to), (1) co-brand any website, application, or any portion thereof, (2) frame any of the Websites or any portion of the same (whereby any of the Websites will appear on the same screen with a portion of another website), or (3) link any of the Websites to any other website. "Co-brand" means to display a name, logo, trademark or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user of the Services the impression that such party has the right to display, publish, or distribute the Services or any content accessible within the Services. You agree to cooperate with OneWorldMD LLC in causing any unauthorized co-branding, framing or linking immediately to cease.

The material and content accessible within the Services and any other website or mobile application owned, operated, licensed, or controlled by OneWorldMD LLC (collectively, the "Content") is the intellectual property and proprietary information of OneWorldMD LLC or the party that provided the Content to OneWorldMD LLC (as applicable). All title to, ownership of, and rights in and to such Consent is, and at all times shall remain, the sole and exclusive property of OneWorldMD LLC and its content providers (as the case may be). Accordingly, you may not copy, distribute, republish, upload, post, transmit, or create derivative works of the Content in any way without the prior written consent of OneWorldMD LLC, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause or direct to be removed or altered, any copyright, trademark, service mark, trade name, or any other proprietary notice or legend appearing on the Services or on any of the Content.

You may not use any OneWorldMD LLC names or trademarks in any advertising or publicity, or otherwise to indicate or imply sponsorship of or affiliation with any product or service, without the prior written consent of OneWorldMD LLC.

Additional License Terms that Apply to the Apps

The Apps are licensed, not sold, to you. Your license to each of the Apps that you download or obtain through the Apple App Store, the Google Play Store, or other mobile application storefront, portal, or provider, is subject to your prior acceptance of these Terms of Use.

The license granted to you herein by OneWorldMD LLC for the Apps is limited to a non-transferable license to use the Apps on authorized devices. For example, iOS-based Apps may be used only on devices running iOS (including but not limited to iPad and iPhone) that you own or control. This license does not allow you to use the Apps on any device that you do not own or control, and you may not distribute or make any App available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, transfer, redistribute, or sublicense the Apps and, if you sell your device to a third party, you must remove the Apps from the device before doing so.

The terms of this license will govern any upgrades provided by OneWorldMD LLC that replace and/or supplement the original Apps, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

The license is effective until terminated by you or OneWorldMD LLC. Your rights under this license will terminate automatically without notice from OneWorldMD LLC if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the Apps and destroy all copies, full or partial, of the Apps.

Any location data provided by the Apps is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed, or incomplete location data may lead to death, personal injury, property, or environmental damage.

You may not use or otherwise export or re-export the Apps except as authorized by United States law. In particular, but without limitation, the Apps may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Apps, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Apps for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

The Apps and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

Copyrights

Except as otherwise indicated, the Services and all content therein, including text, graphics, logos, button icons, photos, images, forms, audio, video, questionnaires, and software, are the property of OneWorldMD LLC or its licensors and is protected by United States and international copyright laws. OneWorldMD LLC allows you to view or download a single copy of the material on the website solely for your personal, noncommercial use.

The compilation of all content on the Services is the exclusive property of OneWorldMD LLC and is protected by United States and international copyright laws. Unless specifically authorized in writing by OneWorldMD LLC, any use of these materials, or of any materials contributed to the Services by entities other than OneWorldMD LLC, on any other website or networked computer environment for any purpose is prohibited.

Any rights not expressly granted by these Terms of Use or any applicable end-user license agreements are reserved by OneWorldMD LLC. Content and features are subject to change or termination without notice in the discretion of OneWorldMD LLC.

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on the Services infringe your copyright, you or your agent may send us a notice requesting that the material be removed, or access to it blocked.

In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office website, currently located at https://www.copyright.gov.

In accordance with the DMCA, OneWorldMD LLC has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written Notification of Claimed Infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to our designated agent as follows:

Agent: [NAME]

Address: [ADDRESS]

Fax: [FAX]
Phone: [PHONE NUMBER]

Email: [EMAIL ADDRESS]

(This telephone number is for copyright-related complaints only. No solicitations.)

Please note: If you materially misrepresent that online material, product, or activity is infringing your copyrights, you may be liable for damages (including court costs and attorneys' fees) and could be subject to criminal prosecution for perjury. We suggest that you consult your legal advisor before filing a notice or counter-notice.

[Trademarks and Service Marks

"OneWorldMD LLC" and the OneWorldMD LLC logo are registered service marks of [OneWorldMD LLC]. Other proprietary marks of OneWorldMD LLC or third parties may be designated as such from time to time on the Services through use of the TM, SM, or ® symbols. Users of the Services are not authorized to make any use of the OneWorldMD LLC marks or the proprietary marks of third parties, including but not limited to as metatags or in any other fashion that may create a false or misleading impression of affiliation or sponsorship with or by OneWorldMD LLC or the applicable third party.]