1. Purpose. Medicism, a Delaware corporation, ("MEDICISM") is the owner of www.medicism.com (this "Site") and has created this Terms and Conditions of Use (this "Agreement") statement to notifyusers about MEDICISM's rules and procedures when accessing and using this Site.
3. Reserved Rights to Revise. MEDICISM reserves the right to revise this Agreement at any time and at MEDICISM's discretion. Revisions to this Agreement will become effective upon posting it to this Site. Users are responsible for checking this Agreement periodically to monitor any revisions tothis Agreement. Continued access or use of this Site shall be deemed as conclusive acceptance of any revisions.
4. Copyright Trademark. This Site and of all of MEDICISM's contents, including but not limited to, articles, text, images, trademarks, layout, designs, graphics, illustrations, logos, process or processes, photographs, product names, affiliations, forms, brands (collectively, "the Intellectual Property") are protected by copyright, trademark and other laws of the United States, as well as, the international conventions, treaties and the laws of other countries. The Intellectual Property is owned by Site or the party credited as the provider or the owner of the Intellectual Property. The compilation, i.e., collection, arrangement or assembly, of all content on this Site is the sole and exclusive property of MEDICISM and protected by United States and International copyright laws, in addition to other Intellectual Property law conventions and treaties. All software used on Site is the sole property of MEDICISM and is protected by the same U.S. and International copyright laws, conventions, and treaties. The collective work includes works that are licensed to MEDICISM. Copyright 2011. ALL RIGHTS RESERVED. All trademarks, service marks, and trade names (collectively the "Marks") are trademarks or registered trademarks of and are proprietary to MEDICISM, or other respective owners that have granted MEDICISM the right and license to use such Marks.
5. Use of Site. If you use a service on this Site such as, and by way of example only, a mail service, bulletin board or community service (collectively the"Communication Service"), all communications, information, data, text, music, sound, graphics, messages and other material (the "Content") are your responsibility, and you are responsible for all Content that you upload, post, transmit, email or otherwise distribute via the Communication Service. MEDICISM and its licensors are not responsible for the consequences of the Content posted via the Communication Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Communication Service, you may be exposed to Content that is offensive or objectionable. In no event will MEDICISM be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content uploaded, posted, transmitted, emailed or otherwise made available via the Communication Service. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
When you use this Site you agree not to:
- Violate local, state, national, or international laws;
- Post, upload, email, transmit or otherwise distribute any Content that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
- Post, upload, email, transmit or otherwise distribute any Content that is unlawful, harmful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity;
- Harm any persons in any way;
- Post advertisements or solicitations of business;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Communication Service;
- Post, upload, email, transmit or otherwise distribute chain letters, pyramid schemes, unsolicited or unauthorized advertising or spam;
- Impersonate another person or business entity or stalk or otherwise harass another person;
- Post, upload, email, transmit or otherwise distribute viruses or other harmful computer code designed to interrupt, destroy or limit the use of any computer software or hardware;
- Harvest or otherwise collect information about others, including email addresses, without their identification for posting or viewing comments;
- Allow any other person or entity to use your identification for posting or viewing comments;
- Interfere with or disrupt the Communication Service or computers, networks or other hardware connected to the Community and Communication Service, or disregard any requirements or policies of networks connected to the Communication Service;
- Engage in any other conduct that restricts or inhibits any other person from using or enjoying the Communication Service, or which exposes MEDICISM or any of its customers or suppliers to any liability or detriment of any type;
- Fail to respect other users' privacy. This includes revealing another user's password, phone number, address, instant messenger I.D. or address or any other personally identifiable information;
- Create member names, or post solicit or send messages, text or photographs that are sexually explicit, that denigrate, threaten, abuse or harm others in any way; or
- Upload, post, email or otherwise send any Content that you are not authorized to send under any law or contractual relationship. This includes proprietary and confidential information learned as part of employment relationships or under nondisclosure agreements, and any other inside information.
MEDICISM may (but is not obligated) do any or all of the following without notice:
- Record or pre-screen the Content of the Communication Service;
- Investigate an allegation that a communication(s) do(es) not conform to the terms of this Agreement and determine in its sole discretion to remove or request the removal of the Content;
- Remove Content which is abusive, objectionable, illegal, or disruptive, or that otherwise fails to conform with this Agreement;
- Terminate your access to any or all Communication Services upon any breach of this Agreement; or
- Edit Content.
You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge, consent and agree that MEDICISM may investigate your use of the Communication Service in order to determine whether a violation of this Agreement has occurred or to comply with any applicable law, regulation, governmental request or legal process.
6. Notices and Procedures for Making Claims of Copyright Infringement.Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to this Site's designated agent listed below. MEDICISM respects the intellectual property of others, and MEDICISM asksits users and visitors to do the same. MEDICISM will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, MEDICISM will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide MEDICISM the following information:
- a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on this Site;
- your address, telephone number, and email address and all other information reasonably sufficient to permit MEDICISM to contact you;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
By fax: 888.240.7015
By Email: firstname.lastname@example.org
(Please include "Notice of Infringement" in the subject line.)
7. Typographical Errors. In the event a MEDICISM product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, MEDICISM shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. MEDICISM shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, MEDICISM shall issue a credit to your credit card account in the amount of the incorrect price.
8. Information is Provided As-Is. ALL OF THE CONTENTS, PRODUCTS AND SERVICES ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MEDICISM DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTIES WHICH ARE OR MAY BECOME APPLICABLE. ALL SERVICES AND PRODUCTS ARE PROVIDED ON AN AS-IS BASIS AND USED AT THE DISCRETION OF THE USER. Nothing contained in this Site is intended to be instructional for medical diagnosis or treatment. Information on this site should not be considered complete, nor should it be relied on to suggest a course of treatment for a particular individual. It should not be used in place of a medical visit, consultation or the advice of your physician or other qualified health care provider. Information obtained on this Site is not exhaustive and does not cover diseases, ailments, physical conditions or their treatment. Should you have any health care related questions, please call or see your physician or other qualified health care provider promptly. Always consult with your physician or other qualified health care provider before embarking on a new treatment, diet or fitness program. You should never disregard medical advice or delay in seeking it because of information on this Site.
9. User Provided Information. MEDICISM does not and cannot review all communications and materials posted to or created by users accessing this Site and is not in any manner responsible for the content of these communications and materials. Users acknowledge that to the extentMEDICISM provides you with the ability to view and distribute user generated content on this Site, MEDICISM is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on this Site. However, MEDICISM reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to MEDICISM at its sole discretion.
10. Users must provide Accurate Information. If you choose to become a user or registrant of any or part of this Site, you agree that you will provide true, accurate, current and complete information about yourself as prompted by the registration process. You also agree to update that information as necessary to maintain its accuracy. If you provide any information that is untrue, inaccurate, not current or incomplete, or if MEDICISM has reason to believe such information is untrue, inaccurate, not current or incomplete, MEDICISM has the right to suspend or terminate your account or use and refuse the user any or all current and future use of any of portion of this Site, or the services of MEDICISM. By accepting this Agreement, the user expressly consents to our use of her/his/its personal information as explained in MEDICISM's Privacy Statement, which is incorporated herein by reference.
11. Third Party Links. In an attempt to provide increased value to our visitors, this Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the "External Sites"). However, even if the third party is affiliated with MEDICISM, MEDICISM has no control over these linked sites, all of which have terms of usage, privacy and data collection practices, independent of MEDICISM. MEDICISM has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that MEDICISM sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites.12. Warranty Disclaimer. USERS AGREE THAT THEIR USAGE OF THIS SITE SHALL BE AT THEIR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MEDICISM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS SITE AND THE USE THEREOF. MEDICISM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THIS SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF MEDICISM'S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THIS SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS SITE. MEDICISM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MEDICISM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN THE USER AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, USERS SHOULD USE THEIR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
13. Limitation on Liability. IN NO EVENT SHALL MEDICISM BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF MEDICISM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
14. Indemnification. You agree to indemnify, defend, and hold harmless MEDICISM, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to this Site (including negligent or wrongful conduct), by you or any other person accessing this Site using your account.
15. Applicable Laws. Your use of this Site shall be governed in all respects by the laws of the state of Delaware, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of MEDICISM products or services) shall be in the state or federal courts located in Wilmington, Delaware. Any cause of action or claim you may have with respect to this Site (including but not limited to the purchase of MEDICISM products or services) must be commenced within one (1) year after the claim or cause of action arises. MEDICISM's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. MEDICISM may assign its rights and duties under this Agreement to any party at any time without notice to you.
MEDICISM makes no representation that materials in this Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from locations outside Delaware do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations. Any claim relating to the materials shall be governed by the internal substantive laws of the State of Delaware.
16. This Agreement is Admissible in a Judicial Proceeding. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
17. MEDICISM is an Equal Opportunity Employer. MEDICISM reserves the right to post information about employment opportunities with the company on any part of this Site. MEDICISM is an equal opportunity employer, employing people without consideration to race, sex, religion, nationality, age or disability. MEDICISM does not discriminate in any manner.
18. Termination of this Agreement. In addition and without prejudice to any other legal or equitable remedies available to MEDICISM, MEDICISM may terminate this Agreement at any time and for any reason whatsoever, without notice. The user may terminate this Agreement by closing her/his/its account, if any, or cease use of this Site, and paying any and all outstanding balances owed to MEDICISM.
19. Severability. If any provision in this Agreement is held to be invalid or unenforceable, it shall be ineffective only to the extent of the invalidity, without affecting or impairing the validity and enforceability of the remainder of the provision or the remaining provisions of this Agreement.