1. Use of this Site
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.
5. Links to and from Other Sites
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.
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
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.
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.
12. Choice of Forum; Limitations on Legal Actions.
13. General Provisions