Last updated: July 4, 2026
This Terms of Use Agreement (this “Agreement”) is entered into by and between KevinMD, LLC (“KevinMD,” “we,” or “us”) and “you,” the user of the website located at KevinMD.com (the “Site”). The Site is owned and operated by KevinMD, LLC. Access to, use of, and/or browsing of the Site is provided subject to the terms and conditions set forth herein. By accessing, using, and/or browsing the Site, you hereby agree to these terms and conditions.
This Agreement contains warranty disclaimers and other provisions that limit KevinMD’s liability to you. Please read these terms and conditions carefully and in their entirety, as using, accessing, and/or browsing the Site constitutes acceptance of these terms and conditions. If you do not agree to be bound by each and every term and condition set forth herein, please exit the Site immediately and do not use, access, and/or browse the Site. By entering the Site, you acknowledge and agree that you have read and understand these terms and conditions, that the provisions, disclosures, and disclaimers set forth herein are fair and reasonable, and that your agreement to follow and be bound by these terms and conditions is voluntary and is not the result of fraud, duress, or undue influence exercised upon you by any person or entity.
Medical advice disclaimer
KevinMD provides the Site and the services, information, content, and/or data (collectively, “Information”) contained therein for informational and educational purposes only. KevinMD does not provide any medical advice on the Site, and the Information should not be so construed or used. Using, accessing, and/or browsing the Site and/or providing personal or medical information to KevinMD does not create a physician-patient relationship between you and KevinMD, Kevin Pho, MD, or any author or contributor whose content appears on the Site. Nothing contained in the Site is intended to create a physician-patient relationship, to replace the services of a licensed, trained physician or health professional, or to be a substitute for medical advice of a physician or trained health professional licensed in your state. You should not rely on anything contained in the Site, and you should consult a physician licensed in your state in all matters relating to your health. You hereby agree that you shall not make any health-related or medical decision based in whole or in part on anything contained in the Site. If you think you may have a medical emergency, call your doctor or 911 immediately.
Financial, legal, and other advice disclaimer
You hereby acknowledge that nothing contained in the Site shall constitute financial, investment, legal, and/or other professional advice and that no professional relationship of any kind is created between you and KevinMD or any author or contributor whose content appears on the Site. You hereby agree that you shall not make any financial, investment, legal, and/or other decision based in whole or in part on anything contained in the Site.
Information and editorial disclaimer
The Site publishes articles, podcast episodes, and other content submitted by physicians, health professionals, and other contributors. The opinions expressed on the Site are those of the individual authors and contributors and are not necessarily endorsed by, or the opinions of, KevinMD. Opinions expressed by Kevin Pho, MD on the Site are made in his individual capacity, do not necessarily reflect the opinion of his clinical employer, St. Joseph Hospital in Nashua, New Hampshire, and may not be attributed to his employer. The Site is operated independently of any hospital or health system. Any opinions expressed on the Site are or have been rendered based on specific facts, under certain conditions, and subject to certain assumptions, and may not and should not be used or relied upon for any other purpose, including, but not limited to, use in or in connection with any legal proceeding.
The Information may be changed without notice and is not guaranteed to be complete, correct, timely, current, or up to date. Similar to any printed materials, the Information may become out of date. KevinMD undertakes no obligation to update any Information on the Site; provided, however, that KevinMD may update the Information at any time without notice in its sole and absolute discretion. KevinMD reserves the right to make alterations or deletions to the Information at any time without notice.
User content and license
The Site publishes content submitted by contributors and, where enabled, user comments. The Site is open to the public, so consider your submissions carefully and do not include anything you would like to keep private. By submitting, uploading, or otherwise making available any content to KevinMD, including articles, comments, audio, images, and biographical information (collectively, “User Content”), you grant KevinMD and any company substantially under its control a nonexclusive, perpetual, irrevocable, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, display, publish, adapt, modify, edit, excerpt, translate, and create derivative works from that User Content, in whole or in part, in any media or format now known or later developed, including in connection with the Site’s newsletters, podcasts, social media channels, and other properties. You retain ownership of your User Content. To the fullest extent permitted by applicable law, you waive and agree not to assert any moral rights you may have in your User Content with respect to the uses licensed above. If you provide KevinMD with any ideas, suggestions, or feedback about the Site or KevinMD’s business, KevinMD may use them without restriction and without compensation or attribution to you.
You represent and warrant that you own or have the necessary rights to the User Content you submit and that its publication does not violate the rights of any third party, including intellectual property, privacy, and publicity rights. Do not submit protected health information or any information that could identify a patient without proper authorization.
You are responsible for the content you post. You may not impersonate any other person through the Site. You may not post content that is obscene, defamatory, threatening, fraudulent, invasive of another person’s privacy rights, or otherwise unlawful. You may not post content that infringes the intellectual property rights of any other person or entity. You may not post any content that contains any computer viruses or any other code designed to disrupt, damage, or limit the functioning of any computer software or hardware. KevinMD reserves the right to remove, decline to publish, or edit any User Content that, in its sole judgment, does not comply with this Agreement or is otherwise objectionable.
Comment policy
To the extent commenting features are enabled on the Site, comments are moderated, meaning they are reviewed before they are posted. Respectful comments that contribute to the topic at hand will generally be accepted. The Site will not publish comments that, in KevinMD’s sole opinion, fall under the following categories:
- Snarky, trolling, off-topic, repetitive, ranting at doctors or patients, excessively long, libelous, defamatory, abusive, harassing, threatening, profane, pornographic, offensive, false, misleading, or otherwise in violation of KevinMD’s sense of decorum and civility or any law, including intellectual property laws
- Spam, meaning an attempt to advertise, solicit, or otherwise promote goods and services
- Comments that contain off-topic hyperlinks
KevinMD reserves the right to delete any comment, for any reason, at any time. The First Amendment gives you the right to express your opinions on your own website, not on this one.
Copyright complaints
KevinMD respects the intellectual property rights of others and expects users and contributors to do the same. KevinMD responds to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (DMCA). If you believe that content on the Site infringes your copyright, please follow the notice-and-takedown procedure described in our DMCA policy. In appropriate circumstances, KevinMD will terminate the posting privileges of repeat infringers.
Intellectual property and trademarks
The Site and its contents are protected by United States and international copyright, trademark, and other intellectual property laws. Except for the licenses expressly granted in this Agreement, KevinMD, its licensors, and its contributors reserve any and all intellectual property rights in the Site and its contents. KevinMD (U.S. Reg. No. 6016185), KevinMD.com (U.S. Reg. No. 6016189), and “Social media’s leading physician voice” (U.S. Reg. No. 6036102) are registered trademarks of Kevin Pho and are used by KevinMD, LLC under license. Other KevinMD names, logos, and trade dress are trademarks of Kevin Pho or KevinMD, LLC. Nothing in this Agreement or on the Site grants you any license or right to use any KevinMD trademark, trade name, or logo without the prior written permission of KevinMD, LLC, and you may not use any KevinMD trademark in a manner that suggests affiliation with, or endorsement or sponsorship by, KevinMD.
Automated access and artificial intelligence
Except as expressly permitted by KevinMD in writing, you may not use bots, scrapers, crawlers, or other automated means to access, copy, or harvest content from the Site, and you may not use any content from the Site to train, fine-tune, or otherwise develop artificial intelligence models, machine-learning systems, or similar technologies. Reasonable search engine indexing for the purpose of directing users to the Site is permitted. KevinMD reserves all rights to license, restrict, or prohibit the use of Site content in connection with artificial intelligence systems.
Access and termination
KevinMD may, in its sole discretion and without notice or liability, restrict, suspend, or terminate your access to all or any part of the Site or Services, remove or decline to publish any content, and modify or discontinue the Site or Services at any time. The licenses you grant to KevinMD, along with the disclaimers, limitations of liability, and indemnification obligations in this Agreement, survive any termination of your access to the Site.
Third-party links and advertisements disclaimer
The Site may, from time to time, contain links to third-party websites. These links are provided solely as a convenience to you and not as a guarantee, warranty, or recommendation by KevinMD of the services, information, content, and/or data on such third-party websites or as an indication of any affiliation, sponsorship, or endorsement of such third-party websites. KevinMD is not responsible for the content of linked third-party websites and does not make any representations or warranties regarding the privacy practices of, or the content or accuracy of materials on, such third-party websites. If you decide to access linked third-party websites, you do so at your own risk. Your use of third-party websites is subject to the terms of use for such sites. The inclusion of third-party advertisements does not constitute an endorsement, guarantee, warranty, or recommendation of, and KevinMD makes no representations and/or warranties about, any product or service contained therein.
Disclosures
The Site is supported by advertising and commercial partnerships. KevinMD receives financial payment from sponsors and advertisers, which may include sponsored articles, sponsored podcast episodes, newsletter and podcast sponsorships, display advertising served through third-party partners, and job board listings. Sponsored content is labeled as such and is distinct from editorial content. Some links on the Site, including Amazon links, may be affiliate links, meaning KevinMD may earn a commission on qualifying purchases.
Disclaimer of all warranties
The Information made available at the Site is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, either express or implied, including, without limitation, warranties of title, noninfringement, and implied warranties of merchantability or fitness for a particular purpose. Without limiting the generality of the foregoing, neither KevinMD nor any of its members, managers, officers, employees, agents, contractors, or affiliates, including Kevin Pho, MD (together with KevinMD, the “KevinMD Parties”), makes any warranty, representation, or guaranty as to the content, sequence, accuracy, timeliness, or completeness of the Information, that the Information may be relied upon for any reason, or that the Information will be uninterrupted or error free or that any defects can or will be corrected. Without limiting the generality of the foregoing, the KevinMD Parties make no representations or warranties with respect to any Information offered or provided within or through the Site regarding treatment of medical conditions, action, or application of medication.
Limitation of liability
Under no circumstances, as a result of your use of the Site, will any of the KevinMD Parties be liable to you or to any other person for any direct, indirect, special, incidental, exemplary, consequential, or other damages under any legal theory, including, without limitation, tort, contract, strict liability, or otherwise, even if advised of the possibility of such damages. Without limiting the generality of the foregoing, the KevinMD Parties shall have absolutely no liability in connection with the Site for:
- Damages as a result of lost profits, loss of goodwill, work stoppage, failure of performance, delays in operation or transmission, nondelivery of information, deletions of files, mistakes, defects, errors, interruptions, or computer failure or malfunction
- Any loss or injury caused, in whole or in part, by KevinMD’s actions, omissions, or negligence, or by contingencies beyond KevinMD’s control, in procuring, compiling, or delivering the Information
- Any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information
- Any decision made or action taken or not taken in reliance upon the Information
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. In such jurisdictions, the exclusions and limitations in this Agreement apply to the fullest extent permitted by law, and to the extent any liability of the KevinMD Parties cannot be excluded, the total aggregate liability of the KevinMD Parties arising out of or relating to this Agreement or the Site shall not exceed one hundred U.S. dollars ($100).
Age restriction
The Site is intended for persons eighteen (18) years or older. Persons under the age of eighteen (18) should not access, use, and/or browse the Site.
Indemnification
You agree to indemnify and hold the KevinMD Parties harmless from any claim or demand, including attorneys’ fees, made by any third party as a result of (1) any content posted or made available by you on the Site, (2) any violation of law that occurs by you through the Site, (3) any breach of your representations, warranties, or obligations in this Agreement, and/or (4) anything you do using the Site and/or the Information contained therein.
Data privacy
Your use of the Site is also governed by our Privacy Policy, which describes how KevinMD collects, uses, and discloses information, including any rights you may have under applicable U.S. state privacy laws and, where applicable, the EU General Data Protection Regulation (GDPR). By providing personally identifiable information or other data to KevinMD through the Site, you expressly consent to the use and disclosure of that information as described in the Privacy Policy.
You are responsible for complying with all applicable data protection and privacy laws in respect of any personal data you provide to KevinMD, including obtaining any rights, authorizations, or consents needed from any data subjects to whom the data relates. You acknowledge that email is an insecure medium that is generally not encrypted in transit and that the security of information transmitted through the internet can never be guaranteed. KevinMD is not responsible for any interception or interruption of any communications through the internet or for changes to or loss of your content. KevinMD may process and store your content in the United States or any other country in which KevinMD or its agents maintain facilities, and, by using the Site, you consent to this processing and storage.
Governing law, consent to jurisdiction, and limitation on claims
This Agreement and your use of the Site, along with the Information contained therein, shall be governed by and construed in accordance with the laws of the State of New Hampshire without regard to conflict of laws principles, and you agree to submit to the exclusive jurisdiction of the state and federal courts located in the State of New Hampshire. You further agree that any claims or causes of action arising out of or related to this Agreement and the Site, along with the Information contained therein, shall be filed within one (1) year after such claim or cause of action arose, or such claim or cause of action shall be forever barred. To the fullest extent permitted by law, you and KevinMD each waive any right to a trial by jury in any action arising out of or relating to this Agreement or the Site.
Invalidity and waiver
If any provision of this Agreement is held to be invalid or unenforceable in whole or in part in any jurisdiction, then that provision shall be deemed ineffective in such jurisdiction but shall have no effect on the enforceability of the remaining provisions. KevinMD’s failure to exercise or enforce any right or provision of this Agreement shall not be deemed to be a waiver of such right or provision.
Entire agreement
You hereby acknowledge that this Agreement, together with the Privacy Policy and the DMCA policy, represents the entire understanding between you and KevinMD concerning your use of the Site and the Information contained therein.
Modification
KevinMD may, in its sole and absolute discretion, modify the terms and conditions of this Agreement in whole or in part at any time for any reason without any notice to you, whether prior or otherwise. Such modified terms and conditions shall supersede these terms and conditions and shall become binding when published online on the Site. The date of the most recent revision will appear at the top of this page, and your continued use of the Site after any modification constitutes your acceptance of the modified terms.
Contact
Questions about this Agreement, and any legal notices, may be directed to KevinMD, LLC through the contact page on the Site.
