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Medical Data Technologies
Terms and Conditions of Use
Please read these Terms and Conditions of Use carefully before using this site.
1.
BINDING AGREEMENT
2. PROFESSIONAL SERVICES DISCLAIMER
3. WARRANTY
4. LIABILITY
5. COPYRIGHT
6. POSTING
7. LINKS
8. APPLICABLE LAW AND VENUE
9. SEVERABILITY
10. SURVIVAL
11. WAIVER
12. INDEMNIFICATION
13. SERVICE AGREEMENT
14. COMPLETE AGREEMENT
1. BINDING AGREEMENT
By accessing this Website, you agree that these Terms and Conditions form a binding agreement between you and Medical Data Technologies Corporation ("Medical Data Technologies"). If you do not wish to be bound by these Terms and Conditions, do not use this Website. Medical Data Technologies reserves the right to change these Terms and Conditions at any time; accordingly, you should review these Terms and Conditions each time you view the Website. Your continued use of this Website signifies that you agree to be bound by these Terms and Conditions as they are amended.
2. PROFESSIONAL SERVICES DISCLAIMER
The contents of the Website, such as text, graphics, images, information obtained from Medical Data Technologies's licensors, and other material ("Content") is for informational purposes only. Any information furnished on this Website is not intended nor implied to be professional advice and is not intended to replace personal consultation with a qualified physician, pharmacist, other health care professional, an accountant, or an attorney, as applicable.
Medical Data Technologies has not examined the Content for accuracy, timeliness, completeness, appropriateness, or helpfulness. Medical Data Technologies does not endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on this Website. Your reliance upon information and Content obtained by you at or through this Website is solely at your own risk. We assume no liability or responsibility for damage or injury (including death) to you, other persons, or property arising from any use of any product, information, idea, or instruction contained in the Content.
3. WARRANTY
You acknowledge that the information on the Website is provided "AS IS" for general information only. Medical Data Technologies DOES NOT MAKE AND HEREBY DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, OF ANY KIND REGARDING THIS WEBSITE OR THE INFORMATION IN IT, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, OR ANY WARRANTY THAT THESE PAGES, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. Medical Data Technologies reserves the right to change or discontinue at any time any aspect or feature of this Website.
4. LIABILITY
IN NO EVENT SHALL Medical Data Technologies, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH LOST PROFITS, OR DAMAGES RESULTING FROM THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR BUSINESS INTERRUPTION) RESULTING FROM YOUR USE OR INABILITY TO USE THE WEBSITE OR THE CONTENT WHETHER OR NOT Medical Data Technologies IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You acknowledge that in connection with the Website, 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 Medical Data Technologies and its suppliers. Accordingly, Medical Data Technologies 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 Website.
Medical Data Technologies shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $500.00. Any claims arising in connection with your use of this Website or any Content must be brought within one (1) year of the date of the event giving rise to such action. Your remedies are limited to those expressly provided for in these Terms and Conditions.
5. COPYRIGHT AND OTHER PROPRIETARY RIGHTS
The Content consists of copyrighted works proprietary to Medical Data Technologies, its licensors, or its suppliers. You may download and print a single copy of the Content solely for your personal, non-commercial use. Any Content you download or print may not be altered in any way and must contain the following copyrighted notice: "Copyright (c) 2000 Medical Data Technologies Corporation. All Rights Reserved" and all other copyright and proprietary rights notices which were contained in such Content. Any other use of the Content is expressly prohibited without our prior written permission and any rights or licenses to any tangible or intangible Medical Data Technologies materials not expressly granted herein are expressly reserved to Medical Data Technologies. Any unauthorized use of any of the Content is a violation of law and subjects you to all civil and criminal penalties provided for under domestic and international laws covering such unauthorized use.
6. POSTING
You agree that you will not post any communications or content of any type that infringe or violate any rights of any party. By submitting communications or content to any part of this Website, you agree that such submission is non-confidential for all purposes. If you post such communications or content, you automatically grant-or warrant that the owner of such content has expressly granted-Medical Data Technologies a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to include the work on the Website (and to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content in any media or medium, or any form, format or forum now known or hereafter developed).
7. LINKS
Medical Data Technologies may provide links on the Website, via advertising and otherwise, to other websites that are not under the control of Medical Data Technologies. Medical Data Technologies does not endorse or make any warranty of any type regarding the content contained on such websites or products and services offered therein. Your use of such websites is at your own risk and Medical Data Technologies is not liable to you for any loss or damage you may suffer by your use of such websites. You hereby waive any and all claims you may have against Medical Data Technologies regarding our inclusion of such links to third party websites or your use of those websites.
Medical Data Technologies, Inc does not permit anyone to link to Medical Data Technologies, Inc website. Written permission must be obtained to link to Medical Data Technologies, Inc website and if permission is granted such link is subject to the linker's compliance with the following terms and conditions: A site that is granted permission in writing links to Medical Data Technologies, Inc's web site:
- May link to, but not replicate, content contained in Medical Data Technologies, Inc's site;
- Must not create a border environment or browser around content contained in Medical Data Technologies, Inc's site;
- Must not present misleading or false information about Medical Data Technologies, Inc's services or products;
- Must not misrepresent Medical Data Technologies, Inc's relationship with the linker;
- Must not imply that Medical Data Technologies, Inc is endorsing or sponsoring the linker or the linker's services or products;
- Must not use Medical Data Technologies, Inc's logos or trade dress without prior written permission from Medical Data Technologies, Inc;
- Must not contain content that could be construed as obscene, libelous, defamatory, pornographic, or inappropriate for all ages;
- Must not contain materials that would violate any laws;
- Must agree that the link may be removed at any time upon Medical Data Technologies, Inc's request pursuant to Medical Data Technologies, Inc's reserved rights to rescind its consent to allow the link.
8. APPLICABLE LAW AND VENUE
By accessing this Website both you and Medical Data Technologies agree that the statutes and laws of the State of Kentucky, without regard to conflicts of laws principles thereof, will apply to all matters arising from or relating to use of this Website, except where preempted by the federal laws of the United States of America, in which case such U.S. federal law will apply. You and Medical Data Technologies also agree and hereby submit to the exclusive personal jurisdiction and venue of any state court in the State of Kentucky, with respect to such matters. Those who choose to access this Website from outside the United States do so on their own initiative and are responsible for compliance with local laws.
9. SEVERABILITY
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.
10. SURVIVAL
The following provisions of these Terms and Conditions shall survive the expiration or termination of these Terms and Conditions: Warranty, Liability, Applicable Law, Severability, Survival, and Venue, Indemnification, Conflict, and Complete Agreement.
11. WAIVER
Any waiver of any of these Terms and Conditions shall not operate or be construed as a continuing waiver of such term or condition or any other term or condition.
12. INDEMNIFICATION
You agree to defend, indemnify and hold Medical Data Technologies, 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 (1) your breach of these Terms and Conditions or (2) your unauthorized or unlawful use of this Website or the Content.
13. SERVICE AGREEMENT
These Terms and Conditions govern your general access of and use of the Website, however, your use of any other services offered by Medical Data Technologies or its affiliates is also governed by your agreement with Medical Data Technologies or its affiliates relating to the provision of such services (the "Service Agreement"). You must enter into an independent Service Agreement in order to receive such services. In the event that any provision of these Terms and Conditions conflicts with any provision of the Service Agreement, the Service Agreement will control.
14. COMPLETE AGREEMENT
Except for the Service Agreement, if any, these Terms and Conditions contain the entire agreement between you and Medical Data Technologies relating to your use of this Website.