Medicalcare.com Terms of Use
PLEASE READ THESE SITE TERMS OF USE (THESE "TERMS OF USE") CAREFULLY BEFORE USING THE MEDICALCARE.COM SITE (THE "SITE"). THE SITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE SITE. BY ACCESSING OR USING THE SITE, YOU ("YOU" OR "YOUR") SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE. "WE" OR "OUR" REFERS TO MEDICAL CARE, LLC, AND/OR ITS OWNERS, OFFICERS, AFFILIATES, EMPLOYEES AND AGENTS ("MC PARTIES") AS OWNER AND OPERATOR OF THE SITE.
1. Use of this Site
These Terms of Use and the Privacy Policy govern your use of the Site and all applications, software and services (collectively, "Services") available via the Site, except to the extent such Services are the subject of a separate agreement between you and us. By accepting these Terms of Use through your use of the Site, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age, you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. We do not intentionally collect personal information about children under the age of 13.
2. Not Medical Advice
The content, products and services offered on this Site are here solely for the purpose of consumer education. They do not constitute medical or any other professional advice to you or any other person, nor should they be used as a substitute for medical advice, diagnosis or treatment. You should always talk to your health care provider for such advice, diagnosis and treatment, including your specific medical needs. None of the products or services offered through this Site represents or warrants that any particular service or product is safe, advisable, appropriate or effective for you, nor do we endorse any of the third party products or services shown here. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately.
3. Ownership of Intellectual Property
All materials, including images, text, illustrations, designs, icons, photographs, programs, written and other materials that are part of this Site (collectively, the "Content") are intended solely for personal, non-commercial use in connection with the Services provided on the Site. No right, title or interest in any materials or software is transferred to you as a result of any use by you. You may not download, reproduce, publish, transmit, distribute, 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, the Site or any related software. All software used on this Site is the property of the MC Parties or its licensors and suppliers and protected by U.S. and international copyright laws. The Content and software on this Site may be used only as an informational resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Content on this Site is strictly prohibited. Our trademarks, service marks, names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of the MC Parties (or its licensors), and no license is granted to you to use such marks in any manner.
4. Restrictions on Use
You agree not to violate or attempt to violate the security of the Site, or the rights of other users, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe or test the vulnerability of a network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited e-mail, including promotions and/or advertising of products or services to users of the Site; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. You agree not to do any of the following in your use of or transactions on the Site or through your use of the Services:
- Upload, post, or distribute any material that violates the intellectual property rights of any third party, or that constitutes or includes profanity, vulgarity, nudity, hate speech, disruptive, or hostile comments, interpersonal disputes, or threats of violence.
- Upload, post or distribute any data or materials via the Site that may be defamatory, or harass or otherwise violate the privacy of any third party.
- Upload, post or distribute via the Site any material that is pornographic or adult in nature.
- Attempt to impersonate our personnel or any other user.
- Refuse to follow our staff instructions to you.
- Include another person's email address or other contact information in any information submitted or provided by you to us, unless such person is an adult under applicable laws and you have the prior consent of such person.
- Post or distribute URLs or use JavaScript or active code in posts on the Site, make repetitive posts, or otherwise take actions that interfere with the operation of the Site.
5. Links to and from Other Sites
The Site may contain links to third-party Sites and resources (collectively, "Linked Sites"). These Linked Sites are provided solely as a convenience to you and not as an endorsement by us of the content on such Linked Sites. We make no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any Linked Site. We are not responsible for the availability of the Linked Sites or the content or activities of such sites. If you decide to access Linked Sites, you do so at your own risk, and your use of Linked Sites is subject to any applicable policies and terms and conditions of use, including but not limited to, the Linked Site's privacy policy.
Unless you have a separate written linking agreement with us, linking to any page of the Site other than to www.medicalcare.com through a plain text link is strictly prohibited. Any Site or other device that links to www.medicalcare.com or any page available therein is prohibited from (a) replicating Content, (b) using a browser or border environment around the Content, (c) implying in any fashion that we are endorsing it or its products, (d) misrepresenting any state of facts, including its relationship with us, and/or (e) presenting false information about our products or services.
6. Submissions/Comments
All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to us on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide right, title and interest in and to all copyrights and other intellectual property in the Comments. As a result, we will own exclusively all such right, title and interest and will not be limited in any way in our use, commercial or otherwise, of any Comments, and we have no duty to pay you in connection with any such use.
7. Disclaimer of Warranties
THE SITE AND SERVICES, INCLUDING ALL CONTENT, LISTINGS, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, ARE PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ITS FUNCTIONS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. 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 DISCLAIMERS, EXCLUSIONS OR LIMITATIONS SET FORTH IN THESE TERMS OF USE MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NONE OF THE MC PARTIES SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE THE SITE, SERVICES OR THE CONTENT AND FUNCTIONS RELATED THERETO (INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOST BUSINESS OR LOST SALES, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE MC PARTIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE SHALL NOT EXCEED US$100.00.
10. Changes to Terms of Use; Termination; Notice
We may make changes to these Terms of Use at any time in the future, and your subsequent viewing of the Site will constitute your agreement to the changes. We may discontinue, suspend or modify the Site at any time without notice, and we may block, terminate or suspend your and any user's access to the Site at any time for any reason in our sole discretion, even if access continues to be allowed to others. You may contact us about the Services or the Site at support@medicalcare.com.
11. International Users/Choice of Law
The Site is controlled, operated and administered by MedicalCare.com, LLC., which is based within the United States. We make no representation that functions or information found at the Site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited.
These Terms of Use, all matters arising from or relating to your use of the Site, and any and all claims arising out of your relationship with the MC Parties shall be governed by and in accordance with the laws of the State of Georgia, excluding (i) its conflicts of laws provisions; (ii) the United Nations Convention on Contracts for the International Sale of Goods; and (iii) the 1974 Convention on the Limitation Period in the International Sale of Goods, as amended.
12. Choice of Forum; Limitations on Legal Actions.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR YOUR USE OF THE SITE SHALL BE INSTITUTED EXCLUSIVELY IN A STATE OR FEDERAL COURT SITTING IN THE COUNTY OF FULTON, STATE OF GEORGIA, UNITED STATES OF AMERICA, AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR IN THE FUTURE TO THE LAYING OF THE VENUE, OR TO THE JURISDICTION OF ANY SUCH COURT OVER YOU OR YOUR ACTIVITIES ON THE SITE. You may not bring any action arising out of these Terms of Use or your use of the Site or the Services, regardless of form or the basis of the claim, more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).
13. General Provisions
If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect. The failure by either party to exercise or enforce any rights or provisions of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use, and any other agreement, policy or rule set forth on the Site, comprise the entire agreement between you and us and supersede all prior agreements or statements between us, written or oral, regarding the subject matter contained herein. These Terms of Use are binding upon and inure to the benefit of the respective successors and assigns of the parties, but you may not assign these Terms of Use to any person or entity without our prior written consent, and any such assignments made without consent shall be null and void. These Terms of Use are solely for the benefit of the MC Parties and its licensors and you, and may not be construed for the benefit of any third party.