If you violate any of terms contained in this TOU, your permission to use the Site and the Services automatically terminates and you must immediately stop using all such Services and destroy any copies you have made any content downloaded from the Site.
PLEASE BE AWARE THAT THESE TERMS INCLUDE LIMITATIONS ON THE LIABILITY OF MediFind AND OUR OBLIGATIONS RELATING TO THE SITE AND THE SERVICES, CERTAIN CONDITIONS WITH RESPECT TO JURISDICTION, AND CERTAIN EXCLUSIONS OF MediFind’S RESPONSIBILITY.
This Site and the related Services offer medical, diagnosis and healthcare provider information, but are designed for non-commercial, informational purposes only. YOU SHOULD NOT AND MAY NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. THE USE OF ANY INFORMATION PROVIDED ON THE SITES OR THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK.
IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. RELIANCE ON ANY INFORMATION PROVIDED BY MEDIFIND, ANY OF ITS EMPLOYEES OR AGENTS, OR ANY THIRD PARTIES USING THE SERVICES IS SOLELY AT YOUR OWN RISK. Developments in medical research may impact the accuracy and/or completeness of topics discussed on the Site or through the Services and no assurance can be given that the information contained on the Site or the Services will always include the most recent findings or developments with respect to the particular material or a particular condition. Your access or use of the Site and/or the Services does not create a physician/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on the part of MediFind or any of its affiliated parties.
As long as you comply with these TOU, MediFind grants you a non-exclusive, limited, revocable, personal, non-transferable license to access the Site and to use the Services. Except as expressly stated herein, these TOU do not provide you with a license to use, reproduce, distribute, display or provide access to any portion of the Site or the Services on third-party web sites or otherwise. The Services may include software for use in connection with the Services.
BY ACCESSING THIS SITE OR USING THE SERVICES, YOU AGREE NOT TO:
The content available through the Site and Services (“Content”) is protected by the copyright laws in the United States and in foreign countries. MediFind authorizes you to view or download the Content solely for your personal, noncommercial use. No right, title or interest in Content or software is transferred to you as a result of any such downloading. You may not reproduce, republish, publish, upload, post, transmit, distribute (including by email or other electronic means), publicly display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Content or the Services, without the prior written consent of MediFind. Additional terms regarding Content associated with the use of certain Services and other items accessible on the Site may be included elsewhere within the Site and/or the Services and are incorporated into these TOU by reference.
Title to the Content remains with MediFind and/or its third party content providers and licensors. Any use of the Content not expressly permitted by these TOU is a breach of the TOU and may violate copyright, trademark, and other laws. Content and other features are subject to change or termination without notice in the editorial discretion of MediFind. All rights not expressly granted herein are reserved to MediFind and its third party content providers and licensors.
The Content presented on the Site and through the Services is made available solely for general information purposes. We may update the Content from time to time, but it is not necessarily complete or up-to-date. The Content may be out of date at any given time, and we are under no obligation to update such Content.
All MediFind logos and all other trademarks appearing on the Site or in connection with the Services are trademarks of MediFind or are licensed or used with permission of the owner by MediFind. You agree not to display or use such trademarks without MediFind’s prior written permission. MediFind disclaims any proprietary interest in trademarks, service marks, logos, slogans, domain names and trade names other than its own.
From time to time, MediFind may host message boards, chats and other public forums which allow its users to make available content on the Site and/or through the Services. Message boards, chats and other public forums are intended to serve as beneficial tools though which users can share information which otherwise would not be available to them. These are public forums and any information that you post on the Site or through the Services may typically be accessed by anyone (although, in some cases, registration may be a condition of access). All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered via the Site or the Services, (collectively, “User Content”) shall be and remain MediFind’s intellectual property. By uploading or otherwise submitting any User Content you are expressly agreeing to an assignment to MediFind of all worldwide right, title and interest in all copyrights and other intellectual properties in and to the User Content. MediFind is and shall be under no obligation (1) to maintain any User Content in confidence; (2) to pay you or any third party any compensation for any User Content; or (3) to respond to or edit any User Content.
In connection with any contribution of User Content, you agree that none of the User Content provided by you will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that none of the User Content submitted by you will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any User Content that you provide.
Without limiting the generality of the foregoing, MediFind shall have the right to:
Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that any User Content violates these TOU, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of any users of the Site or the Services or the public or could create liability for MediFind;
Remove or refuse to post any User Content for any or no reason in our sole discretion;
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site or the Services;
Terminate or suspend your access to all or part of the Site or the Services for any or no reason, including without limitation, any violation of these TOU;
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on the Site or through the Services. YOU WAIVE AND HOLD HARMLESS MEDIFIND AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
WE ASSUME NO LIABILITY FOR ANY USER CONTENT PROVIDED BY ANY USER OR THIRD PARTY.
MediFind respects the intellectual property rights of others, and requires that all users do the same. Any third party that believes that their work has been reproduced on the Site or in connection with the Services in a way that constitutes copyright infringement may notify MediFind's copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:
Notices of copyright infringement claims should be sent as follows:
MediFind 11311 McCormick Rd
Hunt Valley, MD 21031
Attention: Copyright Agent
By e-mail: DMCA_notice_email@medifind.com
If you give notice of copyright infringement by e-mail, we may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.
MEDIFIND PROVIDES THE SITE AND SERVICES "AS IS" AND "AS AVAILABLE," AND SHALL HAVE NO LIABILITY WITH RESPECT TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, OR ANY OTHER ASPECT OF THE SITE OR THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MEDIFIND AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. MEDIFIND AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION: (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT; (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE OR THE SERVICES OR ANY USER CONTENT AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING THAT IS NOT EXPRESSIVELY STATED IN THESE TOU.
YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SITE AND/OR THE SERVICES, YOUR DEALING WITH ANY OTHER USER, AND ANY CONTENT OR USER CONTENT MADE AVAILABLE THROUGH THE SITE OR THE SERVICES. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OR WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
NEITHER MEDIFIND NOR ITS LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITE AND/OR THE SERVICES; (ii) ANY CONTENT (INCLUDING ANY USER CONTENT) CONTAINED ON THE SITE AND/OR THE SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITE AND/OR THE SERVICES; (iv) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY CONTENT AVAILABLE ON THE SITES AND/OR SERVICES; (v) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITE AND/OR SERVICES; OR (vi) ANY OTHER MATTER RELATING TO THE SITE AND/OR THE SERVICES. IN NO EVENT SHALL THE TOTAL LIABILITY OF MEDIFIND TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT OF $500.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
You agree to indemnify, defend, and hold harmless MediFind, its affiliates, and their respective directors, officers, employees, and agents from any and all claims and demands made by any third party due to or arising out of: (a) your access to or use of the Site or the Services; (b) your breach of these TOU; (c) your violation of any law or the rights of a third party; (d) any User Content that you upload to, or otherwise make available through, the Site or the Services; (e) your willful misconduct; and (f) any other party’s access to and/or use of the Site or the Services using your account and password. MediFind reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in that case, you agree to corporate with MediFind’s defense of that claim.
These TOU are governed by the laws of the State of Maryland, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction and venue in the state and federal courts sitting in Baltimore County, Maryland for any and all disputes, claims and actions arising from or in connection with the Site, the Services and/or these TOU.
The failure of MediFind to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision. If any provision of these TOU is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed herefrom and shall not affect the validity and enforceability of any remaining provisions.
We may perform any of our obligations or exercise any of our rights under this TOU through one or more of our corporate affiliates (including any entity that directly or indirectly controls, is controlled by or is under common control with us). If MediFind or its assets are acquired by another entity, that entity will assume our rights and obligations as described in this TOU. You may not assign your rights or obligations under this TOU, by operation of law or otherwise, without our prior written consent.
We may modify these TOU at any time, as we deem appropriate. If you disagree with the changes to the TOU, you must discontinue your use of the Site and Services, and if you have registered as a member, cancel your registration. Your continued access or use of any of the Site or Services following such notice signifies your acceptance of the modified TOU. It is your responsibility to review the TOU regularly to be aware of such modifications. We reserve the right to modify or discontinue the Site or Services with or without notice. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Site or Services. If you object to any such changes, your sole recourse will be to cease access to the Site or Services.