By accessing or using the MDcovid website, you agree to comply with and be bound by these Terms & Conditions and Privacy Policy, as amended from time to time (“Terms & Conditions” or “agreement”). MDcovid may revise and update these terms and conditions at any time. Please periodically review the terms and conditions posted at the MDcovid websites because your continued usage of the MDcovid websites ("MDcovid site," or the "site,") will mean you accept those changes. Throughout these Terms & Conditions, MDcovid is sometimes referred to herein as “we,” “us,” “our.” References herein to “you” and “your” and the rest of the second-person nouns refer to user of the site.
Section 1. General disclaimer, no medical advice.
The content on the MDcovid 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 MDcovid or the MDcovid 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 MDcovid site! MDcovid 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. MDcovid does not assume any liability for the contents of any material provided on the site. Reliance on any information provided by MDcovid, its health experts, or other visitors to the site is solely at your own risk. MDcovid 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. MDcovid 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 some of which are sexually explicit and may be offensive to you. You access this material at your own risk. MDcovid, its licensors and its suppliers have no control over and accept no responsibility whatsoever for such materials.
Section 2. Use of content, copyright.
Upon acceptance of these Terms and Conditions, MDcovid authorizes you to view or download a single copy of the material on this website solely for your personal, noncommercial use. Your use of software and other items provided on the MDcovid site may be subject to a separate license agreement and these Terms and Conditions shall be incorporated therein. To the extent any such license agreement(s) conflict with these Terms & Conditions, the license agreement(s) shall prevail to the extent of the conflict. The contents of the MDcovid site, such as text, graphics, images and other material including software licensed by MDcovid to permit users to access the MDcovid 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. MDcovid (and third-party providers where applicable) owns all right, title and interest in the trademarks, service marks, trade names, trade dress on and copyrights to the site, as well as all intellectual property rights in and to the content. Your use or misuse of any intellectual property displayed on or used in connection with this site, or any other content on this site, or the content is strictly prohibited. This restriction includes copying, reproducing, or modifying any content of this site for any purpose other than your own personal use. Your access or use of any third party content may be subject to applicable third-party rights, terms and conditions, and may require that you accept additional terms of use for such access or use. 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 MDcovid, except that you may reproduce limited excerpts of the data for personal use only, provided that each such copy contains a copyright notice. For information obtained from MDcovid'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 MDcovid. If you violate any of these Terms and Conditions, your permission to use the content automatically terminates and you must immediately destroy any copies you have made of any portion of the content.
Section 3. Company's liability, disclaimer of consequential damages, disclaimer of warranties.
The content comes from sources believed to be accurate, but may contain inaccuracies or typographical errors. MDcovid makes no representations or warranties about the results to be obtained from using the MDcovid site or the content. The use of the MDcovid site and the content is at your own risk. You acknowledge that in connection with the MDcovid 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 MDcovid and its suppliers. Accordingly, MDcovid 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 MDcovid site. THE MDcovid SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. MDcovid, 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. MDcovid, 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 MDcovid SITE OR MDcovid. MDcovid, ITS LICENSORS, AND ITS SUPPLIERS DO NOT MAKE ANY WARRANTY THAT THE CONTENT CONTAINED ON THE MDcovid SITE SATISFIES GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS. MDcovid MAKES NO REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS OPERATED WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. In no event shall MDcovid, its licensors, its suppliers or any third parties mentioned at the MDcovid site be liable for any damages whatsoever (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 MDcovid site or the content whether based on warranty, contract, tort or any other legal theory, and whether or not MDcovid is advised of the possibility of such damages. You agree that the liability of MDcovid, its affiliates, agents and licensors, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with the service or the information in the service, or any other information which is referenced by or linked to the service, shall not exceed the amount you paid to MDcovid for use of the service. Remedies under this agreement are exclusive and are limited to those expressly provided for in this agreement.
Section 4. User submissions.
Except as described herein, any communication which you post on the MDcovid site is considered to be non-confidential. You agree that you will 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 --MDcovid 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 or hereafter developed, and to sublicense such rights through multiple tiers of sublicenses. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, names, material, communications or other information about the site provided by you to MDcovid are and shall become the sole property of MDcovid.
Section 5. Use of Interactive areas.
MDcovid may provide Interactive areas on the MDcovid site. If you use an Interactive area, you are solely responsible for your own communications and the consequences of posting those communications. MDcovid does not assume any responsibility for the consequences of any Interactive area communications on or arising from use of the MDcovid 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 agree that the following actions shall constitute a material breach of these terms and conditions: - use of an Interactive area for any purpose in violation of local, state, national, or international laws; - post material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others; - 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 MDcovid at its sole discretion pursuant to this section; - post advertisements or solicitations of business; - 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); - post chain letters or pyramid schemes; - impersonate another person; - allow any other person or entity to use your identification to post or view comments - post the same note more than once (the online word for posting many times on one topic is "spamming." Spamming is strictly prohibited); or - 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 MDcovid, expose MDcovid or any of its customers or suppliers to any liability or detriment of any type. MDcovid reserves the right to record the dialogue in public chat rooms. MDcovid 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 are alleged not to conform to the terms of this section, MDcovid may investigate the allegation and determine in its sole discretion to remove or request the removal of the communication(s). MDcovid reserves the right to 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, MDcovid reserves the right to terminate a member's access to any or all Interactive area upon member's breach of these terms and conditions. MDcovid reserves the right (but is not obligated) to edit or delete any communication(s) posted on the MDcovid site, regardless of whether such communication(s) violate these standards for content. Furthermore, MDcovid 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 MDcovid, or if required to do so by law or in 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 MDcovid or others; or (iii) act in an emergency to protect the personal safety of our guests or the public. MDcovid has no liability or responsibility to subscribers or any other person or entity for performance or nonperformance of the aforementioned screening activities. MDcovid does not represent or guarantee the truthfulness, accuracy, or 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 the MDcovid 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 6. Links to other sites.
The MDcovid site contains links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by MDcovid of the content on such third-party websites. MDcovid is not responsible for the content of linked third-party sites and does not make any 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 7. Indemnity.
You agree to defend, indemnify and hold MDcovid, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including 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. MDcovid 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 8. 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 or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the contents (including software).
Section 9. General.
MDcovid is based in Massachusetts, in the United States of America. MDcovid 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 you access the MDcovid 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 10. Jurisdiction.
You expressly agree that exclusive jurisdiction for any dispute with MDcovid, or in any way relating to your membership or use of MDcovid, resides in the federal or state courts located in the State of Massachusetts and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Massachusetts in connection with any such dispute including any claim involving MDcovid 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 Massachusetts, 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 11. Complete agreement.
Except as expressly provided in a particular "legal notice" on the MDcovid site or a separate agreement between the parties, these terms and conditions constitute the entire agreement between you and MDcovid with respect to the use of the MDcovid site and any software and content contained therein. Thank you for your cooperation with these terms and conditions. We hope you find the MDcovid site helpful and convenient to use.
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