The content of this Website and services offered through the Website are for informational use only. This Website and any information contained on or provided through it is provided on an "as is" basis. That means that the information contained on or provided through this Website is intended for general understanding and education. Any access to this Website is voluntary. Medical Database regards all access as voluntary and at the sole risk of the user.
Nothing contained in this Website is intended, or should be considered, or used as a substitute for, medical advice, diagnosis or treatment. This Website and its services do not constitute the practice of any medical, nursing or other professional health care advice, diagnosis or treatment. Users should always seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions. Never disregard, avoid or delay in obtaining medical advice from your doctor or other qualified health care provider because of information you have received on this Website. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately.
Medical Database reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, all or any part of this Website and the services offered through this Website, with or without notice.
Some content on this Website is available for access and use only by separate license and subject to a license fee and the terms and conditions of such license. Any attempted unauthorized access to that information is strictly prohibited and will result in the termination of your use of the Website and could possibly subject you to further legal action.
Changes are periodically made to the information contained herein; these changes will be incorporated in new editions of the Website. Medical Database may make improvements and/or changes in the products(s) and/or the program(s) described in this publication at any time.
Because of the designated purpose of this Website and the services it provides, you agree that Medical Database does not constitute a service that targets any one community, user group, business or industry. Because the Website is designed for educational purposes, you also agree that it does not constitute "doing business" in any specific jurisdiction or soliciting business for us or any of our affiliated companies, subsidiaries or our parent company or establishing "minimum contacts" with any jurisdiction outside of the state of California. Your use of this Website and any dispute arising out of such use of the Website, you agree that any claims or disputes arising from your use of the Website shall be governed by the laws of the State of California and United States of America without giving effect to any principles that may provide the application of the law of another jurisdiction. You also agree to submit to the personal jurisdiction of the state courts and federal courts located within the State of California for the purpose of litigating all such claims or disputes. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction.
Recognizing the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
INFORMATION PROVIDED THROUGH THIS WEBSITE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN NO EVENT WILL MEDICAL DATABASE BE LIABLE TO ANY PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE OR ANY LINKED WEBSITE INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, WHETHER IN AN ACTION BASED ON CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, EVEN IF MEDICAL DATABASE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MEDICAL DATABASE AND OUR CONTENT PROVIDERS, CANNOT AND DO NOT GUARANTEE OR WARRANT AGAINST ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS OR LOSSES, INCLUDING LOSS OF DATA. USERS OF THIS WEBSITE ARE RESPONSIBLE FOR MAINTAINING A MEANS EXTERNAL TO MEDICAL DATABASE FOR THE RECONSTRUCTION OF ANY LOST DATA.
Some jurisdictions do not allow the exclusion or limitation of warranties or damages in certain types of agreements, so the above exclusions or limitations may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.
THIS WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW EDITIONS OF THE WEBSITE. MEDICAL DATABASE MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCTS(S) AND/OR THE PROGRAM(S) DESCRIBED ON THE WEBSITE AT ANY TIME.
MEDICAL DATABASE DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE WEBSITE. RELIANCE ON ANY INFORMATION PROVIDED BY MEDICAL DATABASE, BY ITS CONTRIBUTORS, OR OTHER VISITORS TO THE WEBSITE IS SOLELY AT YOUR OWN RISK. WE ALSO DO NOT WARRANT OR GUARANTEE THAT FILES AVAILABLE FOR DOWNLOADING THROUGH THE WEBSITE WILL BE FREE OF INFECTIONS OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT CONTAINS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
We cannot guarantee that the information contained on this Website will not be considered offensive or unacceptable to those who access the Website. Some of the information on the Website may be considered graphic due to the nature of the information contained therein. If you find any of the information to be graphic or offensive, please do not access the Website.
You may not use this Website to post, disseminate or communicate any obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. We assume no responsibility or liability for this material if posted by a user of the Website. We try to monitor the Website and delete objectionable material. However, if you become aware of any such material on the Website, please contact us as directed in the “Contact Us” section of the Website.
Without assuming any obligation to do so, we may delete any content or suspend any account associated with it, that in our sole judgment violates these Terms or that may be offensive or illegal, or violate the rights, harm, or threaten the safety of any person. We assume no responsibility for monitoring the Website for inappropriate content or conduct.
The following is a partial list of the kind of content and activity that is prohibited on our Website and through the use by our registered members. We reserve the right, in our sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Website at any time, with or without prior notice, and without liability if we believe you are in violation of this provision. We further reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, reporting it to, and cooperating fully with, law enforcement authorities. Prohibited content and activity includes, but is not limited to, content or activity that in the sole discretion of Medical Database:
Additionally, our Website may contain hyperlinks or any other form of link or redirection of your connection to other sites ("Third Party Sites"). Links to these Third-Party Sites are provided solely for your convenience and in no way, does the inclusion of any link on the Website imply our affiliation or endorsement of the linked site, their business practices (including their privacy policies) or any information therein. We expressly disclaim responsibility for the accuracy, quality, legality, nature, availability or reliability of Third Party Sites linked to, by or through our Website. ACCESS AND USE OF THIRD PARTY SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD PARTY SITES OR AVAILABLE THROUGH THIRD PARTY SITES, IS SOLELY AT YOUR OWN RISK.
All trademarks reproduced on this Website, which are not the property of, or licensed to us, are acknowledged on the Website.
You may NOT create a link to this Website from another website or document without our prior written consent. To obtain consent, please email your request to email@example.com or send regular mail to: P.O Box 62554, Irvine, CA 92602.
This Website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
Please refer to the Medical Database Copyright Usage Requirements for additional information concerning copyrights.
Unauthorized use of this Website may give rise to a claim for damages and/or be a criminal offense.
To the fullest extent permitted by applicable law, by using this Website you hereby agree to indemnify, defend and hold harmless Medical Database, its affiliates and their respective officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Website from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, of any kind or nature, arising from or relating to, any actual or alleged breach of these Terms and Conditions by you or anyone using your account. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.
You and Medical Database agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and Medical Database hereby waive any right to a jury trial of any Claim. All controversies, claims, counterclaims, or other disputes arising between you and Medical Database relating to these Terms and Conditions or the Web Site or our mobile applications (each a "Claim") shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association ("AAA Rules"). The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Medical Database will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude you or Medical Database from seeking action by federal, state, or local government agencies. You and Medical Database also have the right to bring qualifying claims in small claims court. In addition, you and Medical Database retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms and Conditions, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms and Conditions.
Neither you nor Medical Database may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Medical Database's individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms and Conditions will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Terms and Conditions. This Section of the Terms and Conditions will survive the termination of your relationship with Medical Database.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR MEDICAL DATABASE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Any action relating to the use of the Website, or any transaction with Medical Database must be brought in the state or federal courts located in the Orange County, California. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws rules or provisions.
Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.
If any provision of these Terms and Conditions is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and Conditions and will not affect the enforceability of any other provisions.
We may assign our rights and obligations under these Terms and Conditions, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.
Version 2 Effective date: 01.20.17