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US MD Direct's Terms and Conditions PLEASE READ THESE TERMS AND CONDITIONS OF USE
CAREFULLY BEFORE USING THIS SITE. USMDDirect.com (US
MD Direct) provides complimentary Internet-based communications and information
services to the consumer. By using this site, you signify your agreement to these Terms
and Conditions of use. You must agree to these Terms and Conditions in order to use the US
MD Direct website. Please read this document carefully. If you do not agree to
all of the Terms and Conditions of this agreement, do not use this site!
US MD Direct may revise and update these Terms and Conditions at anytime.
Please periodically review the Terms and Conditions posted at the US MD Direct
Website because your continued usage of the US MD Direct website
(USMDDirec t Site, or the Site,) will mean you accept those changes.
Section 1. General Disclaimer; No Medical Advice. THE CONTENT ON THE US
MD Direct 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 US MD
Direct OR THE US MD Direct 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 US MD Direct SITE! US
MD Direct 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. US MD Direct does not assume any liability for
the contents of any material provided on the Site. Reliance on any information provided by
US MD Direct, its Health Experts, or other visitor s to the Site is
solely at your own risk. US MD Direct 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. US
MD Direct 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
som e of which are sexually explicit and may be offensive to you. You access this material
at your own risk. US MD Direct, its licensors and its suppliers have no
control over and accept no responsibility whatsoever for such materials.
Section 2. US MD Direct's Position on Your Privacy. Click the back button
on your browser to return to the previous page
a. General. US MD Direct recognizes the premium you place on privacy
protection on the Internet. Our employees share the same concerns! Working together, we
strive to protect your privacy, including the non-identifying information you share in the
personal profile that you must complete in order to become a participating member (Member)
within the Interactive Areas of this Site. US MD Direct subscribes to the
Health on the Net Foundation Code of Conduct for medical and health web sites. To learn
more click here: (http://www.hon.ch/Conduct.html). US MD Direct does not
collect personally identifiable information about Members or other US MD Direct
users (Users) except when such individuals specifically provide such information on a
voluntary basis. A Member's or User's access to and use of the US MD Direct
Site or services constitutes information voluntarily given by the Member or User.
b. Use of Registration Information. 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. US MD Direct stores the
Internet Protocol (IP) address of your computer when you visit our site. This information
is only used to create broad demographi c 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 th e IP addresses does not include identifying who those users actually
are. However, US MD Direct 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 US MD
Direct 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. US MD Direct
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. US MD Direct
will provide only aggregate dat a from these analyses to third parties; no personally
identifiable information will be disclosed. US MD Direct may sometimes
permit third parties to offer subscription and/or registration-based services through US
MD Direct. In this event, US MD Direct 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 profile fro m
our database, nor is it feasible to delete all traces of a Member's or User' s activity in
the system. Messages posted to the boards are examples of user activities that are not
feasible to delete. However, we do offer you the opportunity to request deletion of your
email address-the only individually identifiable piece of information about your account -
from US MD Direct's database. US MD Direct sends regular email updates to
Members. If you wish to have your email address deleted from our database, email us at
info@USMDDirect.com and include the EXACT words "CANCEL MAIL" in the body of
your email. Please allo w two to three business days for the actual cancellation to take
effect. We will not share your email address with third parties without first receiving
your permission.
c. 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 awa re that when they voluntarily disclose personally
identifiable information (for example, user name, e-mail address) on the bulletin boards
or chat areas of US MD Direct, 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 US MD Direct.
US MD Direct makes no warranties about the discoverability of members' identit y by
methods beyond our control. d. Cookie Technology. US MD Direct 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 US MD Direct cannot control the use of cookies by
advertisers or third parties hosting data for US MD Direct. However, if a
Subscriber or User does not want information collected through the use of cookies, there
is a simple procedur e 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 US
MD Direct. e. Encryption Technology. US MD Direct uses Secure
Socket Layer (SSL ) encryption technology to ensure the integrity and privacy of the
information you pass to us via the Internet; however, to take advantage of this, you mus t
use utilize a browser that maintains 128bit encryption support.
Section 3. Use of Content; Copyright. Upon acceptance of these Terms and
Conditions, US MD Direct authorizes yo u 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 US
MD Direct Site. Any such special rules are listed as Legal Notices on the US
MD Direct Site and a re incorporated into these Terms and Conditions by
reference. The contents of the US MD Direct Site, such as text, graphics,
images and other material including software licensed by US MD Direct to
permit Users to access the US MD Direct 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 US MD Direct, except that you may reproduce
limited excerpts of the data for personal use only, provided that each such copy contains
a copyright notice as follows: Copyright 1998 - 1999, USMDDirect.com, Los Angeles,
California. All rights reserved. For information obtained from US MD Direct'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 US MD Direct. If you violate any of these Terms and
Conditions, your permissio n 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. US MD Direct makes no representations about the
results to be obtained from using the US MD Direct Site or the Content.
The use of the US MD Direct Site and the Content is at your own risk. YOU
ACKNOWLEDGE THAT IN CONNECTION WITH THE US MD Direct 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 US MD Direct
AND ITS SUPPLIERS. ACCORDINGLY, US MD Direct 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 US MD Direct Site.
THE US MD Direct SITE AND THE CONTENT ARE PROVIDED ON AN "AS
IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. US MD Direct, 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. US MD Direct, 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 US MD Direct SITE OR US MD Direct. US
MD Direct, ITS LICENSORS, AND ITS SUPPLIERS DO NOT MAKE ANY WARRANTY THAT THE
CONTENT CONTAINED ON THE US MD Direct SITE SATISFIES GOVERNMENT
REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS. IN NO EVENT
SHALL US MD Direct, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES
MENTIONED AT THE US MD Direct SITE BE LIABLE FOR ANY DAMAGES WHATSOEVE R (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 US MD Direct SITE OR THE CONTEN T WHETHER BASED ON WARRANTY,
CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT US MD Direct IS ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. US MD Direct SHALL BE LIABLE TO YOU ONLY
FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND ONLY TO THE EXTENT OF ACTUAL DAMAGES
INCURRED BY YOU, NOT TO EXCEED US $1000.00 (ONE THOUSAND DOLLARS). 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 US MD Direct Site is considered to be
non-confidential. You agree that you wil l 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 -- US MD Direct 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 o r hereafter developed, and to sublicense such rights
through multiple tiers of sublicenses.
Section 6. Use of Interactive Areas. US MD Direct may
provide Interactive Areas on the US MD Direct Site. If you use an
Interactive Area, you are solely responsible for your own communications and the
consequences of posting those communications. US MD Direct does not
assume any responsibility for the consequences of any Interactive Area communications on
or arising from use of the US MD Direct 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 agre e that the following actions shall constitute a material breach of these
Terms and Conditions: 1. Use of an Interactive Area for any purpose in violation of local,
state, national, or international laws; 2. Post material that infringes on the
intellectual property rights of others or on the privacy or publicity rights of others; 3.
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 US
MD Direct at its sole discretion pursuant to this Section 6; 4. Post
advertisements or solicitations of business; 5. 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); 6. Post chain letters or
pyramid schemes; 7. Impersonate another person; 8. Allow any other person or entity to use
your identification to post or view comments 9. Post the same note more than once (The
online word for posting many time s on one topic is "spamming." Spamming is
strictly prohibited); or 10. 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 US
MD Direct, exposes US MD Direct or any of its customers or
suppliers to any liability or detriment of any type. US MD Direct
reserves the right to record the dialogue in public chat rooms. US MD Direct
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 ar e alleged not to conform to the terms of this Section,
US MD Direct may investigate the allegation and determine in its sole
discretion to remove or request the removal of the communication(s). US MD Direct reserves
the right t o 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, US MD Direct reserves the right to terminate a
Member's access to any or all Interactive Area upon Member's breach of these Terms and
Conditions. US MD Direct reserves the right (but is not obligated) t o
edit or delete any communication(s) posted on the US MD Direct Site,
regardles s of whether such communication(s) violate these standards for content.
Furthermore, US MD Direct 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
US MD Direct, or if required to do so by law or i n 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 US MD Direct or others; or
(iii) act in an emergency to protect the persona l safety of our guests or the public. US
MD Direct HAS NO LIABILITY OR RESPONSIBILITY TO SUBSCRIBERS OR ANY OTHER PERSON
OR ENTITY FOR PERFORMANCE OR NONPERFORMANCE OF THE AFOREMENTIONED SCREENING ACTIVITIES. US
MD Direct does not represent or guarantee the truthfulness, accuracy, o r
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 US MD Direct 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 US MD Direct Site
contains links to third party websites. These links are provided solely as a convenience
to you and not as an endorsement by US MD Direct of the content on such
third-party websites. US MD Direct is not responsible for the content of
linked third-party sites and does not make an y 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 US MD Direct Site
contains advertisements by third parties, and these advertisements may contain links to
other websites. Unless otherwise specifically stated, US MD Direct 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 US MD Direct
Site.
Section 9. Indemnity. You agree to defend, indemnify and hold US
MD Direct, its officers, directors, employees, agents, licensors and suppliers,
harmless from and against any claims, actions or demands, liabilities and settlements
includin g 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. US
MD Direct 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 o r are a person or entity
to which such export is prohibited. You are responsible for compliance with the laws of
your local jurisdiction regardin g the import, export, or re-export of the Contents
(including Software).
Section 11. General. US MD Direct is based in Los
Angeles, California , in the United States of America. US MD Direct 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 yo u access the US MD Direct 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 US MD Direct, or in any way relating to your
membership or use of US MD Direct, resides in the courts of the State of
California and you further agree and expressly consent to the exercise of personal
jurisdiction in the courts of the State of California in connection with any such dispute
including any claim involving US MD Direct 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 California, 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 US MD Direct SITE, THESE Terms
and Conditions CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND US MD Direct
WITH RESPECT TO THE USE OF THE US MD Direct SITE AN D ANY SOFTWARE AND
CONTENT CONTAINED THEREIN. Thank you for your cooperation with these Terms and Conditions.
We hope you find the US MD Direct Site helpful and convenient to use!
Questions or comments regarding this Site should be directed by electronic mail to
info@USMDDirect.com. |
