Special or additional terms, and conditions may apply to some features or services offered from time to time on or through MDsConnect.net. Such terms and conditions are posted in connection with the applicable feature or service (the "Special Terms") and are hereby incorporated into this Agreement by reference. In the event of a conflict between Special Terms and any other terms or conditions of this Agreement, the Special Terms will prevail.
You acknowledge that this Agreement is supported by reasonable and valuable consideration, the adequacy and receipt of which is hereby acknowledged by you. Without limiting the generality of the foregoing, you acknowledge that such consideration includes, but is not limited to, your ability to visit and use MDsConnect.net as provided in this Agreement.
MDsConnect.net is intended to serve as a multi-faceted Internet resource to MD's and DO's. MDsConnect.net comprises various types of Content, including open forums, published works, medical event information, medical videos, practice management advice, items for sale or rent, job postings for physicians, as well as Content in areas such as law, tax, finance, estate planning, and such other topics of interest as may from time to time be or become the subject of Content. You acknowledge that all such Content is provided for general informational purposes only. With respect to any medical related Content, you acknowledge and agree that: (i) such Content is in no way intended to serve as, nor may be used as a substitute for your own best professional medical judgment; and (ii) that as a doctor, you must use your own professional judgment in evaluating any such Content. You should consult with other, professional, sources and references prior to making any evaluation or treatment decisions.
Standards and practices in medicine change as new data becomes available and the individual medical professional should consult a variety of sources. No Content on or through MdsConnect.net should be considered, or is intended as, a substitute for individual patient assessment based upon your own examination of each patient and consideration of laboratory data and other factors unique to the patient. Any opinions expressed in any materials found on MDsConnect.net are those of its authors and may or may not represent the official position of any medical societies cooperating with, endorsing, or recommending such materials.
Content is not intended to be and should not be interpreted as any kind of recommendation for any specific treatment plan, product, service, provider, or course of action. Your use of MDsConnect.net or any Content does not create any kind of doctor/patient, attorney/client, accountant/client, investment advisor, or other professional/client relationship.
References to any physician, lawyer, accountant or other service provider, educational institution, organization, publication, product, service, treatment, process, or other matter by name, trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us. We expressly disclaim all responsibility for the professional qualifications and licensing of, or any services provided by, any healthcare provider, lawyer, accountant, tax or investment advisor, or other person or entity referred to on MDsConnect.net or on any Web site linking to or from MDsConnect.net. We do not guarantee that Content is accurate, complete or up to date. MDsConnect.net and its Content are offered "As Is" and without any warranties.
Communications on this Site are not intended to, and do not, constitute client/professional relationships and are not the subject of any associated privileges or confidentiality protections. Communications on this Site are limited, do not involve in-person evaluations or visits, and do not include safeguards and procedures typical of in-person evaluations and visits. It is your sole obligation and responsibility to evaluate the accuracy, completeness, or usefulness of any opinion, answer, or other Content available on or through MdsConnect.net or obtained from any Web site linking to MdsConnect.net. Please seek the advice of your own personal professional advisor(s) as appropriate regarding the evaluation of any specific opinion, answer, product, service, or other Content.
LEGAL OR TAX ADVICE. You acknowledge that MDsConnect.net does not give legal advice or tax advice. However, we may provide you with general tax and estate planning information and principles. You agree that these principles do not apply to your specific circumstances or take into account your comprehensive tax or estate planning situation. For that type of assistance, you agree to consult your own individual tax or legal advisor.
INVESTMENT ADVICE. You acknowledge and agree that you, or you and your third party investment manager if you have one, are responsible for determining the nature, potential value, and suitability for you of any particular investment strategy, transaction, or security, including but not limited to, equities and options. We have no responsibility under any circumstance for any such determination.
MDC is not a broker/dealer or registered investment advisor under United States Federal Securities laws or securities laws of any other jurisdiction, and does not advise individuals as to the advisability of investing in, purchasing, or selling securities or other financial products or services. Nothing contained in the Services constitutes an offer or solicitation to buy or sell any security. MDC does not endorse or recommend any particular financial product or service. As noted, nothing contained in the Services is intended to constitute professional advice, including but not limited to, investment or tax advice.
You agree that we will not be liable to you or any third party for taking (or failing to take) any of these actions.
You understand and agree that the Services may include communications, such as service announcements and administrative messages from us or from our third party affiliates and that these communications are considered part of the Service. You will not be able to opt out of receiving these messages. You also understand that our Service may include advertisements.
All software, materials, features, functions and Content (excepting however any User Generated Content created by you) contained on or comprising MDsConnect.net are our copyrighted property or the copyrighted property of our third party licensors or advertisers. The names "MdsConnect", "mdsconnect", "www.MDsConnect.net" and “mdsconnect.net” and our graphics, logos, page headers, button icons, scripts, and service names are our or our affiliates’ trademarks, servicemarks, or trade dress in the United States and/or other countries. You may not use any of the aforesaid trademarks, servicemarks, or trade dress in any way, without our prior express written permission, which may be withheld or conditioned in our sole and absolute discretion. We make no proprietary claim to any third-party names, trademarks or servicemarks appearing on MDsConnect.net. Any such third-party names, trademarks, and servicemarks are property of their respective owners. Title to all such materials, features, functions, Content, trademarks, servicemarks and tradedress at all times remains with us or our third party licensors (as applicable).
Except as MDC may from time to time specifically agree in writing, no part of MDsConnect.net or any software or Content (other than User Generated Content created by you) comprising, contained on, or served through MDsConnect.net may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than by MDC as part of MDsConnect.net. However, subject to the terms and conditions of this Agreement, and provided you have completed our registration process, we grant you a limited, non-exclusive and revocable license to view Content and where we intentionally configure MDsConnect.net to enable you to download particular Content, we grant you, subject to the terms and conditions of this Agreement, a limited, nonexclusive and revocable license to download and print one copy of such Content to a single computer for your personal, non-commercial, home use only, provided that you: (a) keep intact all our copyright and other proprietary notices, as well as all such notices of our third party licensors or advertisers, as the case may be; (b) make no modifications to any Content; and (c) do not use any Content in a manner that suggests any association with any of the Company's products, services or brands. Any re-mailing or high volume or automated use of MDsConnect.net or any Content by you is prohibited and you must not copy, modify, reproduce, republish, distribute, display, transmit or otherwise use MDsConnect.net, Content, or any part thereof for any commercial or public purposes.
In the event we offer downloads of software on or through MDsConnect.net and you download such software, the software, including any files, images incorporated in or generated by the software and data accompanying the software (collectively “Software”) are licensed to you by us or third party licensors on a non-exclusive, limited and revocable basis for your personal, non-commercial home use only and subject to Special Terms. We do not transfer title to (or any other rights or interests in) any Software to you. You must not distribute or otherwise exploit Software or decompile, reverse engineer, disassemble or otherwise reduce Software to a human-readable form, nor may you create derivative works of any Software.
No other copying, distribution, redistribution, transmission, publication or use, other than the limited personal non-commercial use of Content as permitted by this Agreement, is permitted without our express prior written permission, which permission may be withheld or conditioned in our sole and absolute discretion. Except for those limited licenses expressly granted in this Section 4, nothing contained in this Agreement is intended to create nor may be construed as conferring upon you any license or right, whether by implication, estoppel or otherwise, under any patent, copyright, trademark or other intellectual property rights.
Any use by you of MDsConnect.net, Content, or Software not expressly permitted by this Agreement is a breach of this Agreement and violates copyright and other laws. All rights not expressly granted herein are reserved to us and our third party licensors.
In order to determine your compliance with this Agreement, we may monitor your access and use of MDsConnect.net.
IF YOU VIOLATE ANY PROVISION OF THIS AGREEMENT YOUR PERMISSION TO ACCESS, VIEW, DOWNLOAD AND PRINT ANY CONTENT, OR TO OTHERWISE UTILIZE MDsConnect.net AUTOMATICALLY TERMINATES AND YOU MUST IMMEDIATELY DESTROY ANY COPIES YOU HAVE MADE OF ANY CONTENT OR SOFTWARE.
Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from MDsConnect.net for the sole purpose of, and only to the extent reasonably necessary for, creating publicly available searchable indices of Content, but not caches or archives of such materials. We reserve the right to revoke such permission either generally or in specific cases.
We have no control over and make no representations or warranties express or implied regarding, the quality, correctness, timeliness, safety, truth or accuracy of any User Generated Content or the qualifications of anyone posting User Generated Content in any of the Forums. You may find User Generated Content posted in the Forums by other users to be offensive, harmful, indecent, objectionable, inaccurate or deceptive, and you hereby waive any legal or equitable rights or remedies you have or may have against us or our affiliates with respect to such User Generated Content. Please use caution and common sense, and do not rely on User Generated Content published in the Forums.
We do not regularly monitor, review or screen User Generated Content nor do we independently verify information posted on MDsConnect.net or provided to us by others. However, we reserve the right (but disclaim any obligation) to review, remove or edit any User Generated Content.
You should not provide personal information to other users or post personal information in any of the Forums or any other public place, where such information might be used to harm or harass you. Questions and answers or other postings to MDsConnect.net, including but not limited to the Forums, are not confidential.
WE SHALL HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND FOR ANY INFORMATION YOU ENCOUNTER ON OR THROUGH MDsConnect.net, AND ANY USE OR RELIANCE ON ANY SUCH INFORMATION IS SOLELY AT YOUR OWN RISK.
We reserve the right (but disclaim any obligation) to do any or all of the following at any time, in our sole and absolute discretion:
In no event shall we or any of our affiliates or third party licensors have any responsibility or liability to any users of MDsConnect.net or to any other person or entity for performance or nonperformance of the aforementioned activities.
If you use any of the Forums, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Forums. Neither we nor any of our affiliates or third party licensors are responsible for the consequences of any communication in any of the Forums. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
If we are notified of communications which allegedly do not conform to this Agreement, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of the communication. We have no liability or responsibility to you for performance or non-performance of such activities. We reserve the right to expel you and prevent your further access to MDsConnect.net at any time, and the right to remove communications which are abusive, illegal, or disruptive, or which otherwise do not comply with any provision of this Agreement.
You are solely responsible for all your transmissions, submissions or postings (including without limitation, your own User Generated Content and the consequences of transmitting, submitting or posting them.
We cannot and do not assure that other users are or will be complying with the foregoing rules of conduct or any other provisions of this Agreement and as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
We may, from time to time, offer MDsConnect.net registered users the ability to submit questions directly to us for a gratis response. The identity of all users submitting a question will be kept confidential. Notwithstanding, as a condition of your participation in such a program, you agree that we may use your question, without attribution or any further consideration to you, and our response, for any purpose whatsoever including, without limitation, posting the question and response on MDsConnect.net or in any subsequent publication, regardless of the form of media.
To protect your privacy and the privacy of others, you agree that you will not submit any media that contains your own or anyone else's personal identifiable information such as names, phone numbers, e-mail address, addresses or Web site URL's. Your uploading of media such as images or video of any other person without their permission is strictly prohibited.
By uploading any media on MDsConnect.net you warrant that you have express written permission from all persons appearing in that media for you to make such contribution and to grant the rights described herein. You must never post a picture or video of or with someone else unless you have their explicit written permission to do so.
You must not upload any media or other material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, limit or otherwise interfere with or impair any functionality of MDsConnect.net or any software, computer, server or other device.
We reserve the right to review all media prior to submission or posting to MDsConnect.net and to remove any media for any reason at any time without prior notice, at our sole and absolute discretion.
By posting, uploading or otherwise transmitting any media or any User Generated Content to MDsConnect.net:
We reserve the right to modify our data storage policies from time to time with or without notice to you.
We permit you to include on your own Web site(s) text links to Content on MDsConnect.net, provided that: (a) any text-only link must clearly be marked “MDsConnect.net"; (b) any link that is not text-only must be our approved logo and accompanying code; (c) the link must further MDsConnect.net and its purposes; (d) the link must be to the MDsConnect.net home page and you do not remove or obscure, by framing or otherwise, any portion of our home page; (e) the appearance, position, and other aspects of the link and host Web site must not be misleading, fraudulent, or in any other manner damaging to or dilutive of the goodwill associated with our name, trademarks or servicemarks, as determined by us in our sole and absolute discretion; (f) the appearance, position and other aspects of the link and host Web site must not create a false appearance that an entity other than the Company is associated with the link, or that the host Web site is sponsored by the Company; (g) the link, when activated by an internet user, must display www.MDsConnect.net full-screen and not with a “frame” on the linked Web site; (h) we reserve the right to revoke our consent to the link at any time, in our sole discretion, upon notice to you or by amending this Agreement; (i) you give us notice of such link by sending an e-mail to us at info@MDsConnect.net; and (j) you immediately discontinue providing links to MDsConnect.net if requested by us.
If you wish to provide any link(s) to a page or section within MDsConnect.net you must forward your request to us at info@MDsConnect.net and we will notify you in writing if permission is granted and if so, the terms and conditions of the permission.
YOU EXPRESSLY AGREE THAT YOUR USE OF MDsConnect.net AND ANY WEBSITE MATERIALS IS AT YOUR SOLE RISK. MDsConnect.net AND THE WEBSITE MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT THE COMPANY KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS AWARE OF ANY SUCH PURPOSE), QUALITY, SATISFACTORY QUALITY, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OF MDsConnect.net OR ANY OF THE WEBSITE MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, COMPLETENESS, RELIABILITY OR OTHERWISE, OR THAT ANY RESULTS OBTAINED FROM YOUR USE OF MDsConnect.net OR ANY OF THE WEBSITE MATERIALS WILL MEET YOUR EXPECTATIONS.
WE DO NOT REPRESENT OR WARRANT THAT MDsConnect.net OR ANY OF THE WEBSITE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS THEREIN WILL BE CORRECTED, OR THAT MDsConnect.net OR ANY SERVER THAT MAKES MDsConnect.net OR ANY OF THE WEBSITE MATERIALS AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR CODE.
WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT MDsConnect.net OR ANY OF THE WEBSITE MATERIALS WILL BE FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR MISAPPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. YOU ARE RESPONSIBLE FOR THE IMPLEMENTATION OF SUFFICIENT PROCEDURES, FIREWALLS AND CHECKPOINTS WHICH SATISFY YOUR PARTICULAR REQUIREMENTS FOR SECURITY, ACCURACY, AND DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO MDsConnect.net OR THIS SERVER, FOR THE RECONSTRUCTION OF ANY LOST DATA, INCLUDING BUT NOT LIMITED TO ANY DOWNLOADS FROM MDsConnect.net OR THIS SERVER.
LIMITATION OF LIABILITY
IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT ANY PART OF THIS LIMITATION OF LIABILITY DOES NOT APPLY TO YOU FOR ANY REASON, THEN OUR ENTIRE LIABILITY AND THAT OF OUR AFFILIATES, LICENSORS, SUPPLIERS, THIRD PARTY LICENSEES OR ANY OTHER THIRD PARTIES MENTIONED ON MDsConnect.net SHALL IN THE AGGREGATE BE LIMITED TO THE LESSER OF U.S. $1,000 OR THE FEES YOU PAID FOR THE SERVICE DURING THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM. YOU AND WE AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND US. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT REGARDING THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THE Services TO YOU.
ANY CLAIMS BY YOU OR ANYONE CLAIMING BY, THROUGH OR UNDER YOU AND ARISING FROM OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO MDsConnect.net OR ANY WEBSITE MATERIALS MUST BE BROUGHT WITHIN 1 YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH CLAIM OR SHALL BE BARRED. YOUR REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR HEREIN.
MDsConnect.net is controlled and offered by us from our facilities in the United States of America. We make no representations that MDsConnect.net is appropriate or available for use in other jurisdictions. If you access or use MDsConnect.net from other jurisdictions, you do so by your own volition and are solely responsible for compliance with local law.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.
Under no circumstances shall we, our licensors or licensees or any of our affiliates or any of the foregoing entities' respective resellers, distributors, service providers or suppliers be held liable for any delay or failure in performance resulting directly or indirectly from any act or force majeure or causes beyond our or their reasonable control.
Notifications (each a “Notification”) of claimed copyright infringement should be sent by either express mail or U.S. mail to our designated agent. Our designated agent contact information is set forth below:
Address of Designated Agent to Which Notification Should be Sent:
Pursuant to Title 17, United States Code, Section 512(c)(3), to be effective, the Notification must include the following:
Pursuant to Title 17, United States Code, Section 512(g)(3), a Subscriber may counter a Notification by providing a written communication (“Counter Notification”) to our designated agent that includes substantially the following:
Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above, and pursuant to Title 17, United States Code, Section 512:
When we receive a notice which complies with the above requirements, we will evaluate the information you have provided in that notice and if appropriate, we will forward that notice to, or otherwise contact the source of the Challenged Content. If in our sole judgment, it is appropriate, we may remove or disable access to the Challenged Content. In such cases, we may notify the source of the Challenged Content of your complaint and the action we have taken. In some cases, if the source of the Challenged Content provides us with information indicating that the Challenged Content in question has been wrongfully removed, we may reinstate the Challenged Contact. Our takedown and reinstatement procedures are, and remain, within our sole and absolute discretion.
You may wish to seek the advice of independent legal counsel before you file a notice or respond to a notice filed by someone else.
Contact information for MDsConnect, LLC's Content Complaint Manager is as follows:
Attn: Complaint Manager
4082 Montauk Pointe
Medina, OH 44256
Should a dispute arise, or in any instance of any lawsuit between you and us, jurisdiction over and venue of any suit or dispute shall be exclusively in the state and federal courts sitting in Medina County, Ohio.
NOTICE. We may deliver notice to you under this Agreement by means of electronic mail, a general notice on MDsConnect.net or by written communication delivered by first class U.S. Mail to your address on record in your account or subscriber information (if any). You may give notice to us at any time by letter delivered by first class postage prepaid U.S. Mail or overnight courier by reputable national courier company to the Company at the following address: MDsConnect, LLC, 4082 Montauk Pointe, Medina, OH 44256.
Thank you for your cooperation. We hope you find MDsConnect.net helpful. Any questions or comments regarding this Web site including any reports of nonfunctioning links, should be submitted to us by email to: info@MDsConnect.net, or via U.S. Mail to: MDsConnect, LLC, 4082 Montauk Pointe, Medina, OH 44256.© 2009, MDsConnect, LLC All Rights Reserved