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.
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 otherwise permitted or compelled by law. MDinteractive provides medical information in aggregate form to authorized, trusted, third parties only when given consent to do so from patients or caregivers, as required by law. 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. Where appropriate, MDinteractive may enter into a business associate agreement with certain customers, in which case such business associate agreement shall govern the use and disclosure of protected health information (as defined in the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations).
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 interactive 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. Therefore, we cannot and do not guarantee that your voluntarily submitted information will not be viewed by unauthorized persons. We also reserve the right to report to appropriate law enforcement or government agencies any activities that we, in good faith, believe to be unlawful without providing notice to you.
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) or similar 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; and (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.
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 lessens the risk that that data transmitted from one point to another can be viewed or modified 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. ALTHOUGH MDINTERACTIVE EMPLOYS SSL TECHNOLOGY AND TAKES OTHER SECURITY PRECAUTIONS, MDINTERACTIVE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT INFORMATION TRANSMITTED BETWEEN YOU AND US WILL AT ALL TIMES BE SECURE OR INACCESSIBLE TO UNAUTHORIZED PARTIES.
Section 3. Use of content, copyright.
Section 4. Company's liability, disclaimer of consequential damages, disclaimer of warranties.
The content comes from sources believed to be accurate, but may contain inaccuracies or typographical errors. MDinteractive makes no representations or warranties 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. MDINTERACTIVE MAKES NO REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS OPERATED WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. 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. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, names, material, communications or other information about the site provided by you to MDinteractive are and shall become the sole property of MDinteractive.
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; - 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 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 federal or state courts located in 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 or a separate agreement between the parties, 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 and convenient to use.