- User License. We hereby grant you, subject to the terms and conditions of this Agreement, the right to view and use this Site. You may download and/or print a copy of the Content for your personal and non-commercial use only (the “Permitted Uses”) provided the Content is not modified in any way and all copyright and other proprietary notices are kept intact. You agree to use the Content lawfully and only for the Permitted Uses. No other use of the Content is permitted. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from the respective copyright holder(s). Furthermore, you may not sell, resell, modify, reverse engineer, decompile, disassemble, frame or create derivative works of or otherwise exploit for any commercial purpose the Site or any portion thereof without our prior written consent in each instance.
- Health Information Disclaimer. The Content on this Site is presented in a summary fashion, and is intended to be used for educational and entertainment purposes only. The Content is not intended to be and should not be interpreted as a recommendation for a specific treatment plan, product, course of action or medical or healthcare provider. Your use of this Site does not create a doctor / patient relationship. THE SITE DOES NOT OFFER MEDICAL ADVICE AND NOTHING CONTAINED IN THE CONTENT IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE FOR MEDICAL DIAGNOSIS OR TREATMENT. You should not use the Site to diagnose a health or fitness problem or disease. Use of the Site does not replace medical consultations with a qualified health or medical professional to meet the health and medical needs of you or any other party. We disclaim all responsibility for the professional qualifications and licensing of, and services provided by, any physician or other health provider referred to on this Site and/or any Third Party Site (as defined below). Never disregard the medical advice of a physician or health professional, or delay in seeking such advice, because of something you read on this Site. Although we strive to ensure that the information we provide on this Site is correct, we cannot guarantee that it is always accurate and up-to-date. We offer this Site “AS IS” and without any warranties.
- Ownership of Content. You acknowledge that all the Content provided on this Site is provided either by MTQUA or by its licensors, third party authors, developers, vendors and members (collectively, “Third Party Providers”) and the underlying intellectual property rights are owned by InterMed Global L.L.C. (IMG) and/or its Third Party Providers. Elements of the Site are protected by copyright, trade dress and other laws and may not be copied or imitated in whole or in part. All product names, company names, marks, logos, and symbols may be the trademarks of their respective owners.
- Usage Rules. As a condition of your use of the Site, you agree that you will not use the Content for any purpose that is unlawful or prohibited by this Agreement. We reserve the right to deny you access to any and all parts of this Site for any reason, and at our sole discretion.
- Trademarks. All of the trademarks, service marks, and logos displayed on this Site (the “Trademarks”) are registered and unregistered trademarks of IMG, its affiliates, or third parties. Nothing in this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Trademarks without our express written permission or the express written permission of the applicable third party. Except as expressly provided in this Agreement, any use of the Trademarks is expressly prohibited.
- Procedures for Claimed Copyright Infringement. We respect the intellectual property rights of others, and ask that you do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, in accordance with the Digital Millennium Copyright Act, please provide the following information to our agent: (a) an electronic or physical signature of the person authorized to act on behalf of the copyright owner; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material you claim is infringing is located on the Site; (d) your address, telephone number, and email address; (e) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and(f) a statement made by you, under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf. Our agent may be contacted by registered post at 20701 N. Scottsdale Rd., Suite 107-478, Scottsdale, AZ 85255, USA.
- Linking and Framing. The Site may contain links to or advertisements for web sites operated by other parties (the “Third Party Sites”). The links to and advertisements concerning Third Party Sites are provided for your convenience only. We do not control such Third Party Sites and we are not responsible for the content and performance of these Third Party Sites or for your transactions with them. Our inclusion of links to or advertisements for such Third Party Sites does not imply any endorsement of the material, products or services on such Third Party Sites or any association with their operators.
Without a written agreement with us to the contrary, you must obey the following rules for linking to the Site or any pages within the Site:
- All links must be text-only links.
- The link’s appearance, position or other characteristics must not damage or dilute the goodwill associated with our reputation or trademarks.
- The link’s appearance, position or other characteristics must not create the false impression that we sponsor, endorse or are associated with any other entity, product or service.
- The link must display the Site on the full-screen and not within a “frame.”
- We reserve the right to revoke our consent to any link at any time; in which case, you agree to remove your links to the Site.
a. DISCLAIMER OF WARRANTIES. THIS SITE AND ITS CONTENT ARE PROVIDED “AS IS.” WE MAKE NO REPRESENTATIONS OR ENDORSEMENT ABOUT THE SUITABILITY FOR ANY PURPOSE OF PRODUCTS AND SERVICES AVAILABLE THROUGH THIS SERVICE. WE DO NOT GUARANTEE THE TIMELINESS, VALIDITY, COMPLETENESS OR ACCURACY OF THE CONTENT. WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE CONTENT, PRODUCTS, SERVICES AND ALL OTHER INFORMATION CONTAINED ON AND/OR MADE AVAILABLE THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY OF THIS SITE. ALTHOUGH WE MAY UPDATE THE CONTENT ON THIS SITE FROM TIME TO TIME, PLEASE NOTE THAT MEDICAL INFORMATION CHANGES RAPIDLY. THEREFORE, SOME OF THE INFORMATION MAY BE OUT OF DATE AND/OR MAY CONTAIN ERRORS. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
b. We take no responsibility for third party advertisements that are posted on the Site, nor do we take any responsibility for the goods or services provided by our advertisers.
- Indemnification. You agree to indemnify, defend and hold harmless IMG, its officers, directors, employees, agents, information providers, partners, advertisers and suppliers (the “MTQUA Parties”) from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from (a) your use of the Content or Site; and/or (b) your breach of the terms of this Agreement, (including infringement of third parties’ worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing the Site using your Account.
- Waiver, Release and Limitation of Liability. YOU AGREE THAT NONE OF THE MTQUA PARTIES SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SITE. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST THE MTQUA PARTIES (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF ANY OF THE MTQUA PARTIES) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE.
NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF THE MTQUA PARTIES, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID BY THE USER TO IMG FOR THE PARTICULAR INFORMATION OR SERVICE PROVIDED. IN NO EVENT SHALL ANY OF THE MTQUA PARTIES BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT REFERRED TO ABOVE.
NONE OF THE MTQUA PARTIES WILL BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSS OR DAMAGE THAT YOU INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THIS SITE, OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THIS SITE OR THE DATA CONTAINED THEREIN AVAILABLE TO YOU.
IF ANY PART OF THIS LIMITATION DOES NOT APPLY TO YOU, FOR ANY REASON, THAN UNDER THOSE CIRCUMSTANCES, THE AGGREGATE LIABILITY OF THE MTQUA PARTIES SHALL NOT EXCEED ONE HUNDRED (100) U.S. DOLLARS IN THE AGGREGATE.
- Third Party Rights. The provisions of paragraphs 11 (Indemnification) and 12 (Waiver, Release and Limitation of Liability) are for the benefit of the IMG Parties. Each of the IMG Parties shall have the right to assert and enforce those provisions directly against you on its own behalf.
- User Representations. You represent and warrant that you are at least 13 years of age and that you possess the legal right and ability to enter into this Agreement and to use the Site in accordance with this Agreement. You agree to be financially responsible for your use of the Site (as well as for use of your Account by others (whether authorized or unauthorized), including use by any minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.
- Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, U.S.A. without regarding provisions relating to conflicts of law. You agree that any legal action or proceeding between IMG and you for any purpose concerning this Agreement or the parties’ obligations under this Agreement shall be brought exclusively in a court of competent jurisdiction sitting in the State of Delaware, and by accessing the Site you consent to the personal jurisdiction of any state or federal court located in the State of Delaware. Any cause of action or claim you may have with respect to the Site and/or this Agreement must be commenced within one (1) year after the claim or cause of action arises. This Agreement constitutes the entire Agreement between IMG and you with respect to your access and use of the Site. Any failure by us to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.
- Termination, Assignment. We may terminate your Account at any time without notice to you. We may assign our rights and duties under this Agreement to any party at any time without notice to you. You may not assign this Agreement to anyone else.
- Notice. We may deliver notice to you under this Agreement by means of electronic mail or by a general notice on the Site. You may give notice to us at any time by registered post delivered to 20701 N. Scottsdale Rd., Suite 107-478, Scottsdale, AZ 85255, USA.
- Severability. The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions.