Medpedia

Medpedia Terms of Use

By using Medpedia.com, you are agreeing to be bound by and follow the most recent version of these Terms of Use (the "Terms") and Medpedia's Privacy Policy, a copy of which can be found at www.medpedia.com/privacy (the "Privacy Policy") and which is incorporated by reference into these Terms.

In these Terms of Use, "Medpedia" refers to the company, Medpedia, Inc., the Web site located at www.medpedia.com (the "Site"), the Public Areas (as defined below), the Medpedia Wiki (as defined below) and the Medpedia.com service (collectively, the "Medpedia Service"). By using the Medpedia Service, you (the "User") signify that you have read, understand and agree to be bound by these Terms whether or not you are a registered Editor or Member of Medpedia. If you do not agree to these Terms, please do not view, access, contribute to, use, or download content from Medpedia. Different parts of the Site may have different terms posted. If there is a disagreement between these Terms and the terms posted for a specific area of the Site, the terms for the specific area of the Site will have priority for your use of that area of the Site. You must be at least 13 years old to use the Medpedia Service. You must be at least 18 years old to be an Approved Editor (as defined below).

The Information on Medpedia is not Medical Advice

MEDPEDIA DOES NOT PROVIDE MEDICAL ADVICE. The information on Medpedia, whether in the Medpedia Wiki or the Public Areas, including text, images, video, graphics, Member communications and other information, whether provided by Medpedia or by its users or Approved Editors (such users and Approved Editors and Members, the "Members") (all such information, collectively, the "Content"), does not constitute medical advice of any kind, and is not intended to be, and should not be, used to diagnose or identify treatment for a medical condition. The Content should never be used in place of the advice of your physician or other medical professional, and your use of the Medpedia Service indicates your agreement not to do so. Nothing on the Site or included as part of any project of Medpedia, should be construed as an attempt to offer or render a medical opinion or otherwise engage in the practice of medicine. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site.

Medpedia is intended as an educational resource for you to begin learning about health issues. There is absolutely no assurance that any statement contained or cited in the Content touching on medical matters is true, correct, precise, or up-to-date. Even if a statement made about medicine is accurate, it may not apply to you or your symptoms. If you are a patient or suspect that you are suffering from a medical condition, see your doctor for medical advice and diagnosis. If you are affected by any potential health or medical emergency, call your local emergency service immediately.

Medpedia does not recommend or endorse any treatment, institution, product, professional, physician, procedure. test, opinion or other information that may be mentioned on Medpedia. By using the Medpedia Service, you understand and agree that the Content is written and monitored in a collaborative effort by a large community of people that are neither employees of Medpedia nor controlled by Medpedia and the Content is constantly changing. Medpedia does not validate or otherwise endorse the Content, nor can it guarantee the validity of the credentials of the people contributing to the Site. The Content and the use of the Content by you DOES NOT create a doctor-patient relationship between you and any of the Members of Medpedia. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.

The Site may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site.

General Disclaimer

MEDPEDIA MAKES NO GUARANTEE OF VALIDITY

The "Medpedia Wiki" is an online open-content collaborative encyclopedia, that is, a voluntary association of individuals and groups working to develop a common resource of human knowledge. The structure of the project allows anyone with an Internet connection to alter its content. Please be advised that nothing found here has necessarily been reviewed by people with the expertise required to provide you with complete, accurate or reliable information.

That is not to say that you will not find valuable and accurate information in Medpedia, including the Medpedia Wiki and the Public Areas; much of the time you will. However, Medpedia cannot guarantee the validity of the information found here. The content of any given article may recently have been changed, vandalized or altered by someone whose opinion does not correspond with the state of knowledge in the relevant fields.

No Formal Peer Review

Medpedia is not uniformly peer reviewed; while Approved Editors may correct errors or engage in casual peer review, they have no legal duty to do so and thus all information read here is without any implied warranty of fitness for any purpose or use whatsoever. Even articles that have been vetted by informal peer review or featured article processes may later have been edited inappropriately, just before you view them.

None of the Approved Editors and Members, sponsors, administrators, or anyone else connected with Medpedia in any way whatsoever can be responsible for the appearance of any inaccurate or libelous information or for your use of the information contained in or linked from these web pages.

Medpedia is not responsible should someone change, edit, modify or remove any information that you may post on Medpedia or any of its associated projects.

Trademarks

Any of the trademarks, service marks, collective marks, design rights or similar rights that are mentioned, used or cited in the articles on Medpedia are the property of their respective owners. Their use here does not imply that you may use them for any other purpose other than for the same or a similar informational use as contemplated by the original authors of these Medpedia articles under the GFDL licensing scheme. Unless otherwise stated the Site and Medpedia are neither endorsed nor affiliated with any of the holders of any such rights and as such Medpedia cannot grant any rights to use any otherwise protected materials. Your use of any such or similar incorporeal property is at your own risk.

Personality Rights

Medpedia may contain material which may portray an identifiable person who is alive or deceased recently. The use of images of living or recently deceased individuals is, in some jurisdictions, restricted by laws pertaining to personality rights, independent from their copyright status. Before using these types of content, please ensure that you have the right to use it under the laws which apply in the circumstances of your intended use. You are solely responsible for ensuring that you do not infringe someone else's personality rights.

Not Professional Advice

If you need specific advice (for example, medical, legal, financial, or risk management) please seek a professional who is licensed or knowledgeable in that area.

To Contribute to the Medpedia Wiki You Will Need to Register

In order to contribute to the Medpedia Wiki, you must be a licensed medical professional who has created a profile and been approved by the Medpedia community to contribute to the Medpedia Wiki (an "Approved Editor"). In order to become an Approved Editor, you must follow the registration instructions on the Site and create a profile with a unique username and password (your "Approved Editor Profile"), so that users will know who you are. You are fully responsible for all activities conducted using your username and password, including your interactions with other Members, whether within the Medpedia Service or independently, and for any Content contributed to the Site using your Approved Editor Profile. Once created, you may not delete your Approved Editor Profile, however, in certain circumstances you may be permitted to change your username. Thus it is important to think carefully about your choice of username.

You are also responsible for maintaining the confidentiality of your password and are responsible for any harm resulting from your disclosure, or authorizing the disclosure of, your password or from use by any person of your password to gain access to the Site or your Approved Editor Profile. You are prohibited from disclosing your password to another person, and from using the password or username of another Member at any time. We encourage you to choose a strong password for your account and never share it. Your reputation as an Approved Editor to the Site depends in large part upon the history of your edits and contributions to the Site, a history of which is publicly available, and your password is the only security that your edit history remains exclusively yours and uncorrupted. It is your sole responsibility to promptly inform Medpedia of any need to deactivate a password. You grant Medpedia and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. Medpedia cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using Medpedia tools and services.

Public Areas of Medpedia

The Site includes public areas, such as discussion pages and communities, where you may post Content and communicate with other Members (the "Public Areas"). You are solely responsible for such communications and other Content and your use of any communications or other Content provided by other Members is at your own risk. You agree not to impersonate any other person, or to communicate with other Members in a manner which may imply that you are anyone other than yourself. If any communication or other Content causes you to feel threatened or believe that someone else is in danger, you should contact your local law enforcement agency immediately. Medpedia has no obligation to mediate any disputes between you and any other party, including any parties you communicate with on the Site.

Content You Contribute to Any Area of the Site

Medpedia reserves the right to remove any of Your Content at any time, without notice and for any reason or no reason, and to terminate any accounts containing or contributing Prohibited Content (as defined below). You understand and agree that Medpedia is under no obligation to display, reproduce, or distribute the Content that you post.

Submissions to Medpedia

You agree that you will not upload or transmit any communications or content of any type to the Medpedia Wiki and the Public Areas that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.

If you make any such submission, you agree that you will not send or transmit to Medpedia by email, (including through the email addresses listed on the "Contact Us" link) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to Medpedia by email, you agree such submission is non-confidential for all purposes.

If you make any submission to the Medpedia Wiki or to a Public Area or if you submit any business information, idea, concept or invention to Medpedia by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted-Medpedia 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 or content in any media or medium, or any form, format, or forum now known or hereafter developed. Medpedia may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Medpedia Wiki, the Public Areas or to Medpedia by email. We try to answer every email in a timely manner, but are not always able to do so.

Please Respect the Copyrights of Others

You represent and warrant that: (a) you own the content posted by you on the Site or otherwise have the right to grant the license set forth in these Terms, and (b) Your Content does not violate the privacy rights, publicity rights, Intellectual Property Rights (as defined below) or other rights of any person and (c) the Content you contribute is not used for the primary purpose of promoting your business.

Note that copyright protection covers the expression of ideas, not the ideas or information themselves. That means you are allowed to read a magazine article, encyclopedia or other work, recast the ideas in your own words, and submit it to Medpedia. In those cases, however, you should still cite the original source as a reference. Note that content on Medpedia must be both verifiable and previously published so source references are welcome and highly encouraged.

Your License to Medpedia

While Medpedia makes no claim of ownership with respect to Content you contribute to the Medpedia Service ("Your Content"), by providing Your Content you grant to Medpedia a worldwide, perpetual, royalty free and non-exclusive license to use, distribute, reproduce, modify, publicly perform and publicly display Your Content on the Medpedia Service.

User Submissions - Image, Video, Audio files

You agree to only post or upload media (like photos, videos or audio) that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.

To protect your privacy, you may not wish to submit Personal Information. Uploading media like images or video of other people without their permission is strictly prohibited.

By uploading any media on the Site, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.

It is strictly prohibited to upload media of any kind that contain Content of the type described in Section 10 below (Prohibited Content on Medpedia) or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms the Privacy Policy.

You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Web site.

By uploading any media like a photo or video, (a) you grant to Medpedia a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; and (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes Medpedia to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify Medpedia and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the media and/or your failure to comply with these the terms described in this document.

Medpedia reserves the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion.

Medpedia Content

The Content, the Site and any associated software, and all Intellectual Property Rights (as defined below) related thereto, are the exclusive property of Medpedia and its licensors. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Content except as expressly provided herein.

For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property and proprietary rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction, relating to the Content.

Medpedia's License to You

Subject to your compliance with these Terms, Medpedia grants free access to the Content in the wiki section of Medpedia, which is licensed to you and the public under the Creative Commons Attribution-Share Alike License (CC-BY-SA). The Content may be copied, modified and redistributed so long as the new version grants the same freedoms to others and acknowledges the Medpedia Editor community as the author of the article. A prominent direct link back to the article satisfies this requirement.

Content on the "Accredited" sister pages that accompany some articles on Medpedia are not editable by the broad Medpedia community. They are there to allow for the case when organizations and physicians want to contribute to The Project but either want to retain their copyright and/or do not want their content edited by others (other than being deleted altogether). Therefore, content on "Accredited" pages is not part of the (CC-BY-SA) license of Medpedia and the copyright is solely held by the authors of that content, whose name appears on that page. Those pages are clearly marked at the top and bottom of the article as protected by the authors' copyright.

If you violate any of these Terms, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

Links to Medpedia Content

Subject to your compliance with these Terms, Medpedia hereby grants you a restricted, non-exclusive, and revocable license to use hyperlinks or otherwise refer to the Content (collectively, a "Link"), provided that (a) Links may not suggest or imply in any way that Medpedia promotes, sanctions or otherwise approves any Web site, organization, individual, product, service or information; (b) you do not misrepresent the Medpedia Service or your relationship with Medpedia; and (c) you may not include a Link on any Web site that that could be construed as, or that a reasonable person may consider obscene, offensive, or inappropriate. Medpedia reserves the right to require you to remove any Link at any time in Medpedia's sole discretion.

Material Breach

In consideration of being allowed to use the Site, you agree that the following actions shall constitute a material breach of these Terms:

  • Using the Site for any purpose in violation of local, state, national, or international laws;

  • Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;

  • Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Medpedia in its sole discretion;

  • Posting advertisements or solicitations of business;

  • After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);

  • Posting chain letters or pyramid schemes;

  • Impersonating another person;

  • Distributing viruses or other harmful computer code;

  • Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments; consent;

  • Allowing any other person or entity to use your identification for posting or viewing comments

  • Posting the same note more than once or "spamming"; or

  • Engaging in any other conduct that restricts or inhibits any other person from using or enjoying any or all Public Areas, the Medpedia Wiki and/or the Site, or which, in the judgment of Medpedia, exposes Medpedia or any of its customers or suppliers to any liability or detriment of any type.

Medpedia reserves the right (but is not obligated) to do any or all of the following:

  • Record the dialogue in public chat rooms.

  • Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).

  • Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.

  • Terminate a user's access to any or all Public Areas, the Medpedia Wiki and/or the Site upon any breach of these Terms, including the above restrictions.

Medpedia or its licensors have no liability or responsibility to users of the Medpedia Service or any other person or entity for performance or nonperformance of the aforementioned activities

Geographic Disclaimer

Publication of information found in Medpedia may be in violation of the laws of the country or jurisdiction from where you are viewing this information.

The Medpedia database is stored on a server in the State of California in the United States of America, and is maintained in reference to the protections afforded under local and federal law. Laws in your country or jurisdiction may not protect or allow the same kinds of speech or distribution. Medpedia does not encourage the violation of any laws; and cannot be responsible for any violations of such laws, should you link to this domain or use, reproduce, or republish the information contained herein.

Access to the Site and content may not be legal for some persons or in some countries outside the United States. If you access and use Medpedia and the Content from outside of the United States, you do so at your own risk and are solely responsible for obeying the applicable laws and regulations in your location.

Third Party Web Sites

The Site may contain links or other references to third party Web sites that are not owned or controlled by Medpedia. Medpedia also may select certain sites as priority responses to search terms you enter and Medpedia may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Medpedia does not endorse any product, service, or treatment advertised on the Site. Medpedia does not recommend and does not endorse the content on any third-party websites. Medpedia assumes no responsibility for the content or privacy policies of any such Web sites and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. By using the Site, you expressly relieve Medpedia from any and all liability arising from your use of any third-party website.

Prohibited Content on Medpedia

Prohibited Content includes content that: (i) is offensive or promotes racism, hatred or physical harm of any kind against any group or individual; (ii) bullies, harasses or advocates stalking, bullying, or harassment of another person; (iii) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, or "spamming," (iv) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) infringes another person's content without a license to do so, whether or not the intellectual property is registered (or filed for registration) in any country; (vi) promotes, copies, performs or distributes an illegal or unauthorized copy of another person's work, whether it is protected by copyright or trade secret law, or not, such as, without limitation, presenting the work of a third party as your own (plagiarism), providing stolen or illegally obtained content, providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music, videos, or movies, or links to such pirated music, videos, or movies; (vii) is involved in the exploitation of persons under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under eighteen (18); (viii) provides instructional information about illegal activities such as, without limitation, making or buying illegal weapons or substances, violating someone's privacy, or providing or creating computer viruses and other harmful code; (ix) solicits passwords or personally identifying information for commercial or unlawful purposes from Users; (x) except as expressly approved in writing by Medpedia, involves commercial activities and/or promotions such as contests, sweepstakes, barter, advertising, or pyramid schemes; (xi) contains viruses, Trojan horses, worms, time bombs, corrupted files, or similar software; (xii) constitutes, promotes, or is used primarily for the purpose of dealing in: counterfeit goods, items subject to embargo, illegal drugs and paraphernalia, stolen products and items used for theft, unlicensed trade or dealing in stocks or securities, gambling items, professional services regulated by state licensing regimes or non-transferable items; or (xiii) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the judgment of Medpedia, exposes or may expose Medpedia, any of its licensors, Members or suppliers, or any visitors to the Site to any liability or detriment of any type.

Violations of these Terms

Any use of the Medpedia Service in violation of these Terms may result in, among other things, termination of your rights to use the Site and the licenses granted in these Terms. To cooperate with legitimate legal requests, subpoenas or court orders, Medpedia may access and disclose any information and content Medpedia considers necessary, including any and all information such as full names, e-mail addresses, content, IP address, use history, etc.

Medpedia has the right (but not the obligation) to review any content and delete or change content that violates this Agreement or which is Prohibited Content, or may otherwise violate the rights, harm, or threaten the safety of any other person, or create liability for Medpedia, as determined by Medpedia in its sole discretion. Medpedia reserves the right (but has no obligation) to investigate and take appropriate action if you violate these Terms, including without limitation removing or modifying Content, terminating your account, reporting you to law enforcement authorities or taking legal action against you.

Copyright Violations

Medpedia will respond to notices of alleged copyright infringement that comply with the requirements of the Digital Millennium Copyright Act. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated by any Medpedia Content and you want Medpedia to remove such Content from the Site, you must provide Medpedia with the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;

  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work;

  • Identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled;

  • Information reasonably sufficient to permit Medpedia to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;

  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

  • A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For this notification to be effective, you must provide it to Medpedia's designated agent at:

Medpedia
c/o Jiff Inc
459 Hamilton Ave,
Suite 304
Palo Alto, CA 94301
copyright@Medpedia.com
(650) 489-6301

In an effort to protect the rights of copyright owners, Medpedia maintains a policy for the termination, in appropriate circumstances, of Members of the Site who are repeat infringers.

Risk Disclaimer

USE MEDPEDIA AT YOUR OWN RISK

PLEASE BE AWARE THAT ANY INFORMATION YOU MAY FIND IN MEDPEDIA MAY BE INACCURATE, MISLEADING, DANGEROUS OR ILLEGAL.

Some information on Medpedia may create an unreasonable risk for those users who choose to apply or use the information in their own activities or to promote the information for use by third parties.

None of the authors, Approved Editors and Members, sponsors, administrators, vandals, or anyone else connected with Medpedia, in any way whatsoever, can be responsible for your use of the information contained in or linked from these web pages.

Please take all steps necessary to ascertain that any information you receive from Medpedia is correct and has been verified. Check the references at the end of the article. Read the article's talk page and revision history to see if there are any outstanding disputes over the contents of the article. Double-check information with independent sources.

If an article contains suggestions regarding dangerous, illegal or unethical activities, remember that anyone can post this information on Medpedia. The authors may not be qualified to provide you with complete information or to inform you about adequate safety precautions or steps you can take to prevent injury, bodily damage, or other damages to your person, property or reputation. If you need specific advice (for example, medical, legal, risk management) please seek a professional licensed or knowledgeable in that area.

Medpedia is not uniformly peer reviewed; while users may correct errors or remove erroneous suggestions, they have no legal duty to do so, and thus all information read here is without any implied warranty of fitness for any purpose or use whatsoever.

DO NOT RELY UPON ANY INFORMATION FOUND IN MEDPEDIA WITHOUT INDEPENDENT VERIFICATION.

Release; Indemnification; Disclaimer of Warranties; Limitation of Liabilities and Sole Remedy

Release

As a condition of access to the Service, you release Medpedia (and Medpedia's stockholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensors and distributors) from claims, demands and damages (actual and consequential) of every kind and nature (including but not limited to those arising out of bodily injury or death), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with (i) any communication with any third party on the Site, (ii) your use of any Content, including any incorrect, misleading or inaccurate Content, or (ii) the conduct of any Member or visitor to the Site. You expressly waive the provisions California Civil Code Section 1542 (or any similar applicable law), which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor."

Indemnification

You agree to indemnify and hold Medpedia and its parent, subsidiaries, affiliates, suppliers, partners and licensors, and their employees, officers, directors and agents harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Medpedia Service, any content you submit or otherwise make available through the Medpedia Service, your use or distribution of any Medpedia Content, or your violation of these Terms or of any rights of a third party.

Disclaimer of Warranties

When using the Medpedia Service, information will be transmitted over a medium that may be beyond the control and jurisdiction of Medpedia and its suppliers. Accordingly, Medpedia 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 Medpedia Service.

USE of the Medpedia Service is at your discretion and at your own risk. The Medpedia Service, content, other information and software ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, and without representation or warranties of any kind, whether express, implied or statutory, INCLUDING without limitation any IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Medpedia and its licensors do not warrant that the Medpedia Service will meet your requirements; that the quality of any content will be acceptable; that the results from the use of the Medpedia Service will be accurate or reliable; or that the site will be available on a regular ongoing basis. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

MEDPEDIA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SERVICE, INFORMATION OR ADVICE RECEIVED THROUGH, ADVERTISED OR OFFERED BY ANY PARTY THROUGH THE MEDPEDIA SERVICE OR ANY LINKS INCLUDED IN THE MEDPEDIA SERVICE.

Without limiting the foregoing, Medpedia, its licensors, and its suppliers make no representations or warranties about the following:

The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Medpedia Service or Medpedia.

The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Site.

Limitation of Liability

IN NO EVENT SHALL MEDPEDIA, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR PERSONAL INJURY, WRONGFUL DEATH, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM YOUR USE, MISUSE OR RELIANCE UPON ANY MEDPEDIA SERVICE OR DAMAGES RELATED TO OTHER SERVICES, GOODS, INFORMATION OR ADVICE RECEIVED THROUGH THE MEDPEDIA SERVICE, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF MEDPEDIA, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Sole Remedy

IN ANY EVENT, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY LIABILITY RELATING TO OR ARISING OUT OF THE MEDPEDIA SERVICE OR THESE TERMS OF SERVICE, REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT, SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE MEDPEDIA SERVICE.

Termination

You acknowledge and agree that Medpedia may, without notice and for any reason, including but not limited to any violation of these Terms, terminate your Medpedia account, any related email address, and your access to the Medpedia Service.

Miscellaneous Provisions

You agree that:

  • these Terms and the Medpedia Privacy Policy will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions;

  • all matters regarding to your access to and use of Medpedia and these Terms are governed by U.S. federal law and the laws of the State of California;

  • you expressly agree that exclusive jurisdiction for any dispute with Medpedia, or in any way relating to your use of the Medpedia Service, resides in the courts located within the county of San Mateo County, California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts located within the county of San Mateo County, California in connection with any such dispute including any claim involving Medpedia or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

  • these Terms constitute the entire agreement between you and Medpedia with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter;

  • the Site shall be deemed a passive Web site that is solely based in California, U.S.A. and that your use thereof does not give rise to personal jurisdiction over Medpedia, either specific or general, in jurisdictions other than California;

  • if any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect; and

  • no waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and Medpedia's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Changes to these Terms or the Medpedia Service

Medpedia may modify these Terms at any time and without notice, so please review them periodically so that you are aware of any such modification. Your continued use of the Medpedia Service will mean you accept those changes.

Medpedia reserves the right to modify or terminate the Medpedia Service or any user account, or change or remove any Content at any time and for any or no reason, without notice and with no liability to you.

If you have questions regarding these Terms, please contact Medpedia at contact@medpedia.com.

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