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MDinteractive may
revise and update these terms and conditions at anytime. Please periodically
review the terms and conditions posted at the MDinteractive websites because
your continued usage of the MDinteractive websites ("MDinteractive
site," or the "site,") will mean you accept those changes.
MDinteractive's terms and conditions
Section 1. General disclaimer; no medical advice.
The content on the MDinteractive site is presented in summary form,
is general in nature, and is provided for informational purposes only.
The content is not intended in any way to be a substitute for professional
medical advice. Always seek the advice of your physician or other qualified
health provider with any questions you may have regarding a medical
condition. Neither the content nor any other service offered by or through
MDinteractive or the MDinteractive site is intended to be relied on
for medical diagnosis or treatment. Never disregard medical advice or
delay in seeking it because of something you have read on the MDinteractive
site! MDinteractive does not recommend or endorse any specific test,
products, or procedures that may be mentioned on the site. Any opinions
expressed on the site are the opinions of the authors. MDinteractive
does not assume any liability for the contents of any material provided
on the site. Reliance on any information provided by MDinteractive,
its health experts, or other visitors to the site is solely at your
own risk. MDinteractive assumes no liability or responsibility for damage
or injury to persons or property arising from any use of any product,
information, idea, or instruction contained in the materials provided
to you. MDinteractive reserves the right to change or discontinue at
any time any aspect or feature of this site. You understand further
that the Internet contains unedited materials some of which are sexually
explicit and may be offensive to you. You access this material at your
own risk. MDinteractive, its licensors and its suppliers have no control
over and accept no responsibility whatsoever for such materials.
Section 2. MDinteractive's position on your privacy.
General. MDinteractive knows how important privacy is to its customers
when it comes to personal medical record information and is committed
to honoring the privacy of both the caregiver and patient customer.
Our employees share the same concerns! Working together, we strive to
protect your privacy. MDinteractive takes the position that all decisions
about disclosure of personal medical information must be made by the
caregiver and the patient. Therefore, MDinteractive will transmit personal
medical information to third parties only when (i) specifically authorized
by the patient; (ii) specifically authorized by a caregiver for medical
research purposes; (iii) specifically authorized by a caregiver for
treatment of the patient or payment of claims or (iv) when compelled
by law.
MDinteractive provides medical information in aggregate form to authorized,
trusted, third parties only when given consent to do so from patients
and caregivers. Medical information in aggregate form is pooled from
many patient records and stripped of any and all personal data, which
may be used to identify an individual. MDinteractive may also provide
targeted information to caregivers and patients. Notwithstanding the
foregoing, MDinteractive reserves the right to perform statistical analysis
and profiling of registered customers in the aggregate in order to measure
interest in and to support ongoing improvements and enhancements to
the MDinteractive Web sites.
A. Use of registration information. Customers registering for MDinteractive.com
are asked to provide certain information, such as name and contact information.
MDinteractive asks for this information in connection with registrations,
research, and marketing programs, and MDinteractive will use this information
to personalize its offerings and presentations to you, facilitate your
movements throughout the MDinteractive Web sites, provide personalized
services, and to communicate separately with you. User registration
and usage data will only be used by MDinteractive for the above purposes
and not released to a third party without the users consent. Certain
information is required for registration, but other requested information
is optional and may be given at your discretion. Registration information
that is optional is clearly identified. Some services may require that
you provide personally identifiable information. MDinteractive uses
software cookies to let you use its Web sites and services more easily,
and to let us keep track of certain statistical information that helps
us improve our sites. Personally identifiable information of individual
members and users will not be sold or otherwise transferred to unaffiliated
third parties without the member's or user's prior consent. MDinteractive
stores the internet protocol (ip) address of your computer when you
visit our site. This information is only used to create broad demographic
summaries of where our members and users come from: for example, we
know what percentage of members or users come from europe or africa,
but our use of the ip addresses does not include identifying who those
users actually are. However, MDinteractive may use registration information
and other voluntarily submitted information in the following ways: -
to provide our editors with information that is useful in developing
new features and services for MDinteractive members and users; - to
provide advertisers with aggregate - never individual - information
about our member base and user usage patterns; and - to allow us to
potentially vary advertising based on member and user preference. MDinteractive
reserves the right to perform statistical analyses and profiling of
member and user behavior and characteristics in order to measure interest
in and use of the various areas of the site and to inform advertisers
of such information. MDinteractive will provide only aggregate data
from these analyses to third parties; no personally identifiable information
will be disclosed. MDinteractive may sometimes permit third parties
to offer subscription and/or registration- based services through MDinteractive.
In this event, MDinteractive is not responsible for any actions or policies
of such third parties and members and users should check the applicable
privacy policy of such party before providing personally identifiable
information. It is not possible for a member or user to delete his or
her medical information from our database, nor is it feasible to delete
all traces of a member's or user's activity in the system. We will not
share your email address with third parties without first receiving
your permission.
B. Voluntary disclosure of personally identifiable information on bulletin
boards, chat rooms, and other Interactive areas (collectively referred
to as "Interactive areas"). Subscribers and users should be
aware that when they voluntarily disclose personally identifiable information
(for example, user name, e-mail address) on the bulletin boards or chat
areas of MDinteractive, that information, along with any substantive
information disclosed in the subscriber's or user's communication, can
be collected and correlated and used by third parties and may result
in unsolicited messages from third parties. Such activities are beyond
the control of MDinteractive. MDinteractive makes no warranties about
the discoverability of members' identity by methods beyond our control.
C. Medical records is a service that allows users (consumers, patients,and
caregivers) to record medical information on servers maintained by MDinteractive
or on its behalf. This service is structured to allow access only to
visitors with a valid password. Whenever you submit or modify information
in the medical record, we will send such information over the internet
using encryption technology (secure socket layer (ssl) software). However,
we do not warrant or represent that the information you submit to will
be protected against loss, misuse, or alteration by third parties. You
are responsible for taking all reasonable steps to ensure that no unauthorized
person shall have access to your password or account. It is your sole
responsibility to (1) control the dissemination and use of activation
codes and passwords; (2) authorize, monitor, and control access to and
use of your medical record account and password; You grant MDinteractive
and all other persons or entities involved in the operation of the site
the right to transmit, monitor, retrieve, store, and use your information
in connection with the operation of your medical records. MDinteractive
cannot and does not assume any responsibility or liability for any information
you submit to our site or your or third parties' use or misuse of information
transmitted or received by us.
D. Cookie technology. MDinteractive may employ cookie technology to
allow subscribers and users to move more quickly through our site. Cookies
are small text files a website can use to recognize repeat users and
facilitate the user's ongoing access to and use of the site. Generally,
cookies work by assigning a unique number to the user that has no meaning
outside the assigning site. They do not come onto a user's system nor
do they pose a threat to a user's files. Subscribers and users should
be aware that MDinteractive cannot control the use of cookies by advertisers
or third parties hosting data for MDinteractive. However, if a subscriber
or user does not want information collected through the use of cookies,
there is a simple procedure in most browsers that allows the user to
deny or accept the cookie feature. Please note that cookies may be necessary
to provide the subscriber or user with certain features (for example,
customized delivery of information) available on MDinteractive.
E. MDinteractive recognizes that security for transfer of personal medical
information is of great concern to caregivers and patients alike. That
is why MDinteractive uses the Secure Sockets Layer (SSL) or other equivalent
technology that ensures a secure connection from a Web browser or application
to the MDinteractive Web sites. Internet communications from one party
to another may proceed via potentially unsecure computers and links,
and SSL assures that data can be transmitted from one point to another
without viewing or modification along the way. SSL is commonly used
for financial transactions on the Internet and is generally agreed to
be strong and secure protection for data being transferred. The MDinteractive
Web sites uses SSL between its customers and the Web sites whenever
personal health information or financial information is transmitted.
MDinteractive uses the domestic version of SSL (128-bit keys) to provide
the strongest available protection. MDinteractive uses additional security
methods to determine the identity of its users so that appropriate rights
and restrictions can be enforced for that user. Reliable verification
of user identity is called authentication and MDinteractive uses both
password protection and usernames in its authentication process. Since
you are the keeper of your own password and username, you are responsible
for maintaining the secrecy of your passwords and/or any account information.
Please be careful and responsible whenever you are online. You are responsible
for all acts or omissions that occur while your password is being used.
Section 3. Use of content; copyright.
Upon acceptance of these terms and conditions, MDinteractive authorizes
you to view or download a single copy of the material on this website
solely for your personal, noncommercial use. Special rules may apply
to the use of certain software and other items provided on the MDinteractive
site. Any such special rules are listed as "legal notices"
on the MDinteractive site and are incorporated into these terms and
conditions by reference. The contents of the MDinteractive site, such
as text, graphics, images and other material including software licensed
by MDinteractive to permit users to access the MDinteractive site ("content"),
are protected by copyright under both united states and foreign laws,
and title to the content shall not pass to you or any other user. Unauthorized
use of the content may violate copyright, trademark, and other laws.
None of the content may be reverse-engineered, disassembled, decompiled,
reproduced, transcribed, stored in a retrieval system, translated into
any language or computer language, re-transmitted in any form or by
any means (electronic, mechanical, photoreproduction, recordation or
otherwise), resold or redistributed without the prior written consent
of MDinteractive, except that you may reproduce limited excerpts of
the data for personal use only, provided that each such copy contains
a copyright notice. For information obtained from MDinteractive's licensors,
you are solely responsible for compliance with any copyright, trademark
and other proprietary rights and restrictions and are referred to the
publication data appearing in bibliographic citations, as well as to
the copyright notices appearing in the original publications. You may
not sell or modify the content or reproduce, display, publicly perform,
distribute or otherwise use the content in any way for any public or
commercial purpose. The use of the content on any other website or in
a networked computer environment for any purpose is prohibited. Content
is subject to change without notice at the editorial discretion of MDinteractive.
If you violate any of these terms and conditions, your permission to
use the content automatically terminates and you must immediately destroy
any copies you have made of any portion of the content.
Section 4. Company's liability; disclaimer of consequential damages.
The content comes from sources believed to be accurate, but may contain
inaccuracies or typographical errors. MDinteractive makes no representations
about the results to be obtained from using the MDinteractive site or
the content. The use of the MDinteractive site and the content is at
your own risk. You acknowledge that in connection with the MDinteractive
site, information will be transmitted over local exchange, interexchange
and Internet backbone carrier lines and through routers, switches and
other devices owned, maintained and serviced by third party local exchange
and long distance carriers, utilities, Internet service providers and
others, all of which are beyond the control and jurisdiction of MDinteractive
and its suppliers. Accordingly, MDinteractive assumes no liability for
or relating to the delay, failure, interruption or corruption of any
data or other information transmitted in connection with use of the
MDinteractive site. The MDinteractive site and the content are provided
on an "as is" basis without any warranties of any kind. MDinteractive,
its licensors, and its suppliers, to the fullest extent permitted by
law, disclaim all warranties, either express or implied, statutory or
otherwise, including but not limited to the implied warranties of merchantability,
non-infringement of third parties' rights, and fitness for particular
purpose. MDinteractive, its licensors, and its suppliers make no representations
or warranties about the accuracy, reliability, completeness, currentness
or timeliness of the content, software, text, graphics, links, or communications
provided on or through the use of the MDinteractive site or MDinteractive.
MDinteractive, its licensors, and its suppliers do not make any warranty
that the content contained on the MDinteractive site satisfies government
regulations requiring disclosure of information on prescription drug
products. In no event shall MDinteractive, its licensors, its suppliers
or any third parties mentioned at the MDinteractive site be liable for
any damages whatsoever (including, without limitation, incidental and
consequential damages, lost profits, or damages resulting from lost
data or business interruption) resulting from the use or inability to
use the MDinteractive site or the content whether based on warranty,
contract, tort or any other legal theory, and whether or not MDinteractive
is advised of the possibility of such damages. You agree that the liability
of MDinteractive, its affiliates, agents and licensors, if any, arising
out of any kind of legal claim (whether in contract, tort or otherwise)
in any way connected with the service or the information in the service,
or any other information which is referenced by or linked to the service,
shall not exceed the amount you paid to MDinteractive for use of the
service. Remedies under this agreement are exclusive and are limited
to those expressly provided for in this agreement.
Section 5. User submissions.
Except as described herein, any communication which you post on the
MDinteractive site is considered to be non-confidential. You agree that
you will not upload or transmit any communications that infringe any
patent, trademark, trade secret, copyright or other proprietary rights
of any party. By submitting communications to any part of this site,
you automatically grant -- or warrant that the owner of such content
has expressly granted --MDinteractive a royalty-free, perpetual, irrevocable,
world-wide nonexclusive license to use, reproduce, create derivative
works from, modify, publish, edit, translate, distribute, perform, and
display the communication alone or as part of other works in any form,
media, or technology whether now known or hereafter developed, and to
sublicense such rights through multiple tiers of sublicenses.
Section 6. Use of Interactive areas.
MDinteractive may provide Interactive areas on the MDinteractive site.
If you use an Interactive area, you are solely responsible for your
own communications and the consequences of posting those communications.
MDinteractive does not assume any responsibility for the consequences
of any Interactive area communications on or arising from use of the
MDinteractive site. In cases where you feel threatened or believe someone
else is in danger, you should contact your local law enforcement agency
immediately. In consideration of being allowed to use the Interactive
areas, you agree that the following actions shall constitute a material
breach of these terms and conditions: - use of an Interactive area for
any purpose in violation of local, state, national, or international
laws; - post material that infringes on the intellectual property rights
of others or on the privacy or publicity rights of others; - post material
that is unlawful, obscene, defamatory, threatening, harassing, abusive,
hateful, or embarrassing to another member or any other person or entity
as determined by MDinteractive at its sole discretion pursuant to this
section 12; - post advertisements or solicitations of business; - after
receiving a warning, continue to disrupt the normal flow of dialogue,
or post comments that are not related to the topic being discussed (unless
it is clear the discussion is free form); - post chain letters or pyramid
schemes; - impersonate another person; - allow any other person or entity
to use your identification to post or view comments - post the same
note more than once (the online word for posting many times on one topic
is "spamming." Spamming is strictly prohibited); or - engage
in any other conduct that restricts or inhibits any other person from
using or enjoying the Interactive areas, or which, in the judgment of
MDinteractive, expose MDinteractive or any of its customers or suppliers
to any liability or detriment of any type. MDinteractive reserves the
right to record the dialogue in public chat rooms. MDinteractive does
not screen communications in advance and is not responsible for screening
or monitoring material posted by members or any other person or entity.
If notified by a member of communication(s) which are alleged not to
conform to the terms of this section, MDinteractive may investigate
the allegation and determine in its sole discretion to remove or request
the removal of the communication(s). MDinteractive reserves the right
to remove communications which are abusive, illegal, disruptive, or
that otherwise fail to conform with these terms and conditions in addition
to the removal rights described above, MDinteractive reserves the right
to terminate a member's access to any or all Interactive area upon member's
breach of these terms and conditions. MDinteractive reserves the right
(but is not obligated) to edit or delete any communication(s) posted
on the MDinteractive site, regardless of whether such communication(s)
violate these standards for content. Furthermore, MDinteractive reserves
the right (but is not obligated) to monitor, edit,or disclose any type
of posting on the Interactive areas for adherence to the terms and conditions,
if required in the course of normal operation and maintenance of MDinteractive,
or if required to do so by law or in the good-faith belief that such
action is necessary to: (i) comply with the law or comply with legal
process served; (ii) protect and defend the rights of MDinteractive
or others; or (iii) act in an emergency to protect the personal safety
of our guests or the public. MDinteractive has no liability or responsibility
to subscribers or any other person or entity for performance or nonperformance
of the aforementioned screening activities. MDinteractive does not represent
or guarantee the truthfulness, accuracy, or reliability of any of the
material posted by Interactive area users or endorse any opinions expressed
by such users. Any reliance on content posted in an Interactive area
is at your own risk. Through your use of a the MDinteractive site's
Interactive areas, you are agreeing to all of the aforementioned terms
and conditions for the use of such Interactive areas contained herein.
Section 7. Links to other sites.
The MDinteractive site contains links to third party websites. These
links are provided solely as a convenience to you and not as an endorsement
by MDinteractive of the content on such third-party websites. MDinteractive
is not responsible for the content of linked third-party sites and does
not make any representations regarding 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 and conditions of use for such sites.
Section 8. Advertisements.
The MDinteractive site contains advertisements by third parties, and
these advertisements may contain links to other websites. Unless otherwise
specifically stated, MDinteractive does not endorse any product or make
any representation regarding the content or accuracy of any materials
contained in, or linked to, any advertisement on the MDinteractive site.
Section 9. Indemnity.
You agree to defend, indemnify and hold MDinteractive, its officers,
directors, employees, agents, licensors and suppliers, harmless from
and against any claims, actions or demands, liabilities and settlements
including without limitation, reasonable legal and accounting fees,
resulting from, or alleged to result from, your use of the content (including
software), or the Interactive areas in a manner that violates or is
alleged to violate these terms and conditions. MDinteractive shall provide
notice to you promptly of any such claim, suit, or proceeding and shall
reasonably cooperate with you, at your expense, in your defense of any
such claim, suit or proceeding.
Section 10. Export control.
The United States controls the export of products and information. You
agree to comply with such restrictions and not to export or re-export
the contents (including software) to countries or persons prohibited
under the export control laws. By downloading the contents (including
software), you are agreeing that you are not in a country where such
export is prohibited or are a person or entity to which such export
is prohibited. You are responsible for compliance with the laws of your
local jurisdiction regarding the import, export, or re-export of the
contents (including software).
Section 11. General.
MDinteractive is based in Boston, Massachusetts, in the United States
of America. MDinteractive makes no claims the content is appropriate
or may be downloaded outside of the United States. Access to the content
(including software) may not be legal by certain persons or in certain
countries. If you access the MDinteractive site from outside the United
States, you do so at your own risk and are responsible for compliance
with the laws of your jurisdiction.
Section 12. Jurisdiction.
You expressly agree that exclusive jurisdiction for any dispute with
MDinteractive, or in any way relating to your membership or use of MDinteractive,
resides in the courts of the State of Massachusetts and you further
agree and expressly consent to the exercise of personal jurisdiction
in the courts of the State of Massachusetts in connection with any such
dispute including any claim involving MDinteractive or its affiliates,
subsidiaries, employees, contractors, officers, directors, telecommunication
providers and content providers. These terms and conditions are governed
by the internal substantive laws of the State of Massachusetts, without
respect to its conflict of laws principles. If any provision of these
terms and conditions is found to be invalid by any court having competent
jurisdiction, the invalidity of such provision shall not affect the
validity of the remaining provisions of these terms and conditions,
which shall remain in full force and effect. No waiver of any of these
terms and conditions shall be deemed a further or continuing waiver
of such term or condition or any other term or condition.
Section 13. Complete agreement.
Except as expressly provided in a particular "legal notice"
on the MDinteractive site, these terms and conditions constitute the
entire agreement between you and MDinteractive with respect to the use
of the MDinteractive site and any software and content contained therein.
Thank you for your cooperation with these terms and conditions. We hope
you find the MDinteractive site helpful an convenient to use.
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