Terms and Conditons
BEFORE USING THIS WEBSITE YOU AFFIRM AND REPRESENT THAT YOU HAVE READ THESE TERMS AND CONDITIONS.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION REGARDING THIS WEBSITE, THE INFORMATION CONTAINED ON THIS WEBSITE, THE INFORMATION NOT CONTAINED ON THIS WEBSITE AND YOUR RIGHTS AND OBLIGATIONS.
The words “use” or “using” in these Terms and Conditions, means any time You directly or indirectly, with or without the aid of a machine or device, do or attempt to access, interact with, use, display, view, print or copy from the MyMedicInfo Website, transmit, receive or exchange data or communicate with the MyMedicInfo Services, or in any way utilize, benefit, take advantage of or interact with any function, service or feature of the MyMedicInfo Website, for any purpose whatsoever. These Terms and Conditions do not cover your rights or responsibilities with respect to third party content or any websites or links that may direct Your browser or your connection to third party websites or web pages. These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by MyMedicInfo without restriction or notice to You.
1. No Doctor Patient Relationship. No Medical Advice. The MyMedicInfo Website is designed for sale of the product and information about the product only. You should not use MyMedicInfo Services to diagnose a health problem or disease. Use of MyMedicInfo Services 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.
Never disregard the medical advice of a physician or health professional, or delay in seeking such advice, because of something You read or see on the MyMedicInfo Website. Medical advice may only be provided by a physician licensed in Your state and by a physician who has been in contact with you, has evaluated your medical history and has personally evaluated and examined your health and medical condition. Use of the MyMedicInfo Website does not create a “doctor –patient” relationship. The creation of a doctor-patient relationship must be undertaken by You directly with the physician that You select.
2. Intellectual Property and Software. The MyMedicInfo Services, including without limitation, all content, media and materials, all software, code, design, text, scripts, messages, images, photographs, illustrations, audio and video material, media files, artwork, graphic material, articles, databases, proprietary information, writings, spoken statements, music, video recordings, audio-visual works and recordings, slides, works of authorship, animated and/or motion pictures, interactive features, caricatures, likenesses, profiles, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, as well as any accompanying documentation, or other materials, tangible or intangible, and all copyrightable or otherwise legally protectable elements of the MyMedicInfo Website, including, without limitation, the selection, sequence and ‘look and feel’ and arrangement of items, and all derivative works, translations, adaptations or variations of same, regardless of the medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black-and-white or in colors, alone or in conjunction with other work, characters, real or imaginary, in any part of the world (all of the foregoing, individually and/or collectively, is referred to herein as “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed by MyMedicInfo and/or its affiliates, licensors, suppliers, service providers, promotional partners, sponsors, and/or their advertisers, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. MyMedicInfo Content is legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. Unless the context clearly requires otherwise or we explicitly say so in writing, the terms “Services,” “Site” and “Website” include “Content” as well. Content on the MyMedicInfo Website is provided to You AS IS for Your personal use only. The MyMedicInfo Website may also contain Content of other users and other MyMedicInfo licensors. You must not alter, delete or conceal any copyright or other notices contained on the MyMedicInfo Website including notices on any Content You download, transmit, display, print or reproduce from the MyMedicInfo Website.
You may not use any computerized or automatic mechanism, including without limitation, any web scraper, offline reader, spider or robot, to access, extract or download any Content from the MyMedicInfo Website, unless you are expressly authorized to do so by MyMedicInfo. You agree not to use or launch any automated system that accesses the MyMedicInfo Website in a manner that sends more request messages to the MyMedicInfo Website servers in a given period of time than a person can reasonably create in the same period by using a conventional on-line web browser. Not withstanding the foregoing, MyMedicInfo grants the operators of public search engines permission to use spiders to copy materials from the MyMedicInfo Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. MyMedicInfo reserves the right to revoke these exceptions either generally or in specific cases.
3. MyMedicInfo Visitor Representations. By utilizing the MyMedicInfo Services You hereby represent, acknowledge and agree that:
(i) The MyMedicInfo Services are to be used only for providing You the ability to use the services listed within these Terms and Conditions and may not be used for any other purpose;
(ii) The MyMedicInfo Services will not be linked, compiled or otherwise combined with any other programs (except that You may link to the MyMedicInfo Website from your own websites);
(iii) You will not modify, rent, release, lend, sublicense or otherwise redistribute the MyMedicInfo Services, in whole or in part, to any other person or entity;
(iv) You will not create or permit others to create, by reverse engineering or otherwise, services similar to those offered by MyMedicInfo or any part thereof; (v) You will not interfere with or disrupt the MyMedicInfo Website, MyMedicInfo’s servers or MyMedicInfo’s networks connected to the MyMedicInfo Website or any other website connected with your use of the MyMedicInfo Services;
4. Prohibited Content. The MyMedicInfo Services may not be used in connection with any person and/or organization that:
(i) Promotes any products/services in connection with illegal goods; illegal drugs; illegal drug contraband; drug paraphernalia; pornography or illicitly sexual services; escort services; dating services; pirated computer programs; firearms; instructions on how to assemble or otherwise make bombs, grenades or other weapons; gambling; and/or promoting violence of any kind;
(ii) Utilizes any material that exploits children, or otherwise exploits children under 18 years of age;
(iii) Utilizes any material that infringes on the intellectual property rights of any third party or any rights of publicity or privacy;
(iv) Utilizes any material that is defamatory, trade libelous, unlawfully threatening or unlawfully harassing, grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content;
(v) Utilizes any material that contains any viruses, Trojan horses, worms, trap doors, back doors, Easter eggs, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and
5. No Representations or Warranties. MyMedicInfo makes no representations about the doctors or health providers identified on the MyMedicInfo Website as it is Your obligation and duty to evaluate the credentials and experience of all doctors – including the doctors identified on the MyMedicInfo Website. MyMedicInfo expressly disclaims any and all representations about the identified doctors or health providers and whether or not such doctor or provider possesses the skill, experience and specialized training to properly diagnose and treat Your medical condition.
6. Termination by MyMedicInfo/Reservation of Rights. MyMedicInfo may refuse to send any communication, remove any item (whether posted to a website hosted by MyMedicInfo or otherwise) and/or terminate access to the MyMedicInfo Services and/or the MyMedicInfo Website for posting violation of these Terms and Conditions, violation of any law(s), violates any agreements between MyMedicInfo and a third party and/or is otherwise inappropriate for transmission in MyMedicInfo’s sole discretion, at any time and without prior notice. The determination of any violation shall be made by MyMedicInfo in its sole and absolute discretion. MyMedicInfo expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) the MyMedicInfo Website and the MyMedicInfo Services, without notice, when MyMedicInfo deems it necessary, in its sole and absolute discretion. MyMedicInfo may immediately terminate any account which it believes, in its sole and absolute discretion, is transmitting or is otherwise connected with any spam.
7. Indemnification. You hereby agree to indemnify MyMedicInfo, and its members, shareholders, officers, directors, employees, business partners, third-party suppliers and providers, licensors, distributors and agents and hold them harmless from and against any and all liabilities, claims, losses, damages, costs and expenses (including reasonable attorneys’ fees) incurred by MyMedicInfo as a result of any breach by you of these Terms and Conditions, or a claim made by a third party in connection with the MyMedicInfo Services. You shall defend at Your sole expense any such action and shall pay any costs, damages, settlement awards and attorneys’ fees finally awarded against MyMedicInfo in such action which are directly attributable to such claim. By utilizing the MyMedicInfo Services, You hereby grant to MyMedicInfo a nonexclusive royalty-free, worldwide license to reproduce, distribute, store, transmit, publicly perform, publicly display, digitally perform, reproduce, and otherwise use the content you provide to MyMedicInfo in connection with the MyMedicInfo Services.
8. Warranty. MyMedicInfo does warranty the usb product from manufacturing defects for one year. If the usb fails to function, MyMedicInfo will replace the usb at no futher cost to the consumer except for shipping and handling. MyMedicInfo does not warrant that the operation of the MyMedicInfo Website or the MyMedicInfo Services will be uninterrupted or error-free, or that theMyMedicInfo Website or MyMedicInfo Services will be immune from fraudulent intrusion and/ or unauthorized use or disclosure. You assume all responsibility for assuring the proper and lawful use of the MyMedicInfo Website. You assume all liability, which may arise in connection with any person or entity’s use of the MyMedicInfo Services and MyMedicInfo Website. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS AND CONDITIONS, MYMEDICINFO OFFERS THE MYMEDICINFO SERVICES AND THE MYMEDICINFO WEBSITE “AS IS” WITH NO FURTHER WARRANTIES OF ANY KIND. MYMEDICINFO SPECIFICALLY DISCLAIMS ALL FURTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE LIMITATIONS SET FORTH HEREIN ARE INTENDED TO LIMIT THE LIABILITY OF MYMEDICINFO AND WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
9. Limitations of Liability. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NOTWITHSTANDING ANY PROVISION IN THESE TERMS AND CONDITIONS: (i) NEITHER MYMEDICINFO, ITS MEMBERS, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, BUSINESS PARTNERS, SUPPLIERS, PROVIDERS, LICENSORS, DISTRIBUTORS AND/OR AGENTS WILL, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY OF THE FOLLOWING: SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, AND/ OR CONSEQUENTIAL DAMAGES OF ANY KIND; LOST PROFITS OR DAMAGES RELATED TO THE PROCUREMENT OF SUBSTITUTE GOODS/SERVICES, FOR LOSS OF DATA OR RELEASE OF ANY DATA TO THIRD PARTIES; OR ANY OTHER DAMAGE TO INTANGIBLE PERSONAL PROPERTY, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF MYMEDICINFO, ITS SUPPLIERS OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (ii) MYMEDICINFO’S TOTAL LIABILITY TO YOU ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS WILL BE LIMITED TO AND SHALL NOT EXCEED THE AMOUNTS RECEIVED FROM YOU UNDER THESE TERMS AND CONDITIONS. THIS LIMITATION WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
10. Remedies/Disclosure of Information. Notwithstanding anything in these Terms and Conditions to the contrary, all provisions of these Terms and Conditions will be specifically enforceable, and MyMedicInfo will be entitled to, in addition to other available remedies, an injunction or other equitable relief for breach of any provision of these Terms and Conditions. In addition, You acknowledge and agree that MyMedicInfo has the right to seek damages, including, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages, when the MyMedicInfo Services are utilized in violation of these Terms and Conditions. In the event that MyMedicInfo is required to respond to a third party or law enforcement subpoena that is related to Your use of the MyMedicInfo Services, MyMedicInfo may require You to reimburse MyMedicInfo for its reasonable expenses associated with complying with such subpoena. Any provision of these Terms and Conditions that, by its nature should survive termination, will survive termination, including, without limitation, those concerning intellectual property, ownership, warranty, disclaimers and limitations of liability. MyMedicInfo may disclose any and all information it receives from You in the event (i) it is required by law; (ii) to protect and defend the rights of MyMedicInfo and/or any person or entity affiliated with MyMedicInfo; or (iii) incident to a corporate sale, merger, reorganization, dissolution, bankruptcy or similar event.
11. Miscellaneous. MyMedicInfo may assign its rights to any payments under these Terms and Conditions to one or more other persons/entities without Your prior written consent. In the event that one or more of the provisions contained in these Terms and Conditions shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions contained in these Terms and Conditions, and such other provisions shall be given effect in accordance with the manifest intent hereof. These Terms and Conditions set forth the entire agreement and understanding between the parties as to the subject matter hereof and supersedes and merges all prior oral and written agreements, discussions and understandings between You and MyMedicInfo. All notices to be given in connection with these Terms and Conditions shall be in writing and shall be sufficient if sent by certified or registered mail, return receipt requested with postage prepaid, addressed to the party entitled or required to receive such notice at the address specified below, or at such other address hereafter made known to the other party. Any notice given as provided shall be deemed to have been given on the date of receipt by the party for which it is intended. If notice is sent by facsimile, a confirming copy of the same shall be sent by mail to the same address, if to MyMedicInfo: ABCP-Endeavors, LLC, 1835 E Hallandale Beach, # 156, Hallandale Beach, Florida 33009.
Section headings are for purposes of convenience only and are not intended to affect the meaning or interpretation of these Terms and Conditions. These Terms and Conditions are made pursuant to, and shall be construed and enforced in accordance with, the laws of the State of Florida and United States federal law, to the extent applicable, irrespective of the principal place of business, residence or domicile of the parties hereto, and without giving effect to otherwise applicable principles of conflicts of law. Any suit brought to enforce obligations hereunder shall only be brought in the courts, whether State or Federal, sitting in the County of Broward, City of Hallandale Beach, and State of Florida.
By clicking the “I ACCEPT” button, You agree and represent that (i) You have read and understand all of the provisions in these Terms and Conditions; and (ii) that you are at least 18 years of age.
If you have any questions, or if you require any additional information concerning these Terms and Conditions or the MyMedicInfo Services, please contact MyMedicInfo by email at email@example.com.
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