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InterMed Global LLC ("we" or "IMG") operates an Internet-based
health information and communication service (the "Service") including
all text, content, information, and data (collectively the "Content")
available on this web site and on any web site created through the
Service (collectively, the "Site") and provides users with access
to the Site subject to the terms and conditions of these Terms of
Use (the "Agreement").
By accessing the Site and/or registering with us, you agree
to be bound by the terms of this Agreement and you consent to our
Privacy Policy. We reserve the right to update or modify this
Agreement at any time, and without prior notice to you. Your use
of the Site following such modification or update constitutes your
acceptance to be bound by the Agreement as changed or modified.
We encourage you to regularly read through and review the Agreement.
- 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,
other than your Member Content (as defined below), without our
prior written consent in each instance. By completing the registration
process on the Site, you establish an account with us (an "Account")
and you represent that the information you provide in the registration
process is accurate and current.
- Privacy.We respect your personal privacy. Our Privacy
Policy is available on this Site, and by accessing the Site, you
are agreeing to be bound by the Privacy Policy. The Privacy Policy
is incorporated by reference into this Agreement in its entirety.
- 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 and License to Member Content. You
acknowledge that all the Content provided on this Site, other
than the Content that you post, is provided either by IMG or
by its licensors, third party authors, developers, vendors and
members (collectively, "Third Party Providers") and the underlying
intellectual property rights are owned by 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.
We do not claim a copyright in the text, files, images, photos,
works of authorship or other materials that you post on the Site,
either as the host or a visitor (collectively "Member Content").
After posting Member Content to the Site, you shall continue to
retain ownership of such Member Content. You are responsible for
all Member Content that is posted through your Account to the
Site, and you represent that (i) you own any Member Content posted
through your Account on the Site or otherwise have the right to
post such Member Content and grant the license set forth in this
section, (ii) you have obtained the consent of any individual
or such individual's legal guardian before posting any information
about such individual, and (iii) the posting of such Member Content
by you on the Site does not violate the privacy rights, publicity
rights, copyrights, contract rights or other rights of any person.
You agree to pay for all royalties, fees, and any other amounts
due to any person by reason of any Member Content posted through
your Account to the Site. By posting Member Content to the Site,
you thereby grant us a perpetual, royalty-free, worldwide, fully
paid up and irrevocable right and license to use, reproduce, modify,
publicly display, transmit, and sublicense, such Member Content.
Without this limited license, we would not be able to include
Member Content in the Site. This license is non-exclusive.
- 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. CHILDREN UNDER THE AGE OF THIRTEEN
ARE NOT PERMITTED TO SUBMIT ANY MEMBER CONTENT. We do not assume
any responsibility to monitor the Member Content on this Site
for accuracy or unacceptable use, nor will any Member Content
be authenticated or endorsed by us. We encourage you to report
offensive or illegal content by using the Report Abuse link on
the Site and we reserve the right to block transmission of, and
or remove any Member Content that you post to the Site, at any
time, for any reason, and without prior notice to you. Without
limiting the generality of the foregoing, you expressly acknowledge
and agree that the following rules shall apply to your use of
the Site:
a. You are responsible for any Content posted to the Site through
your Account. The Member Content that you post to the Site is
not confidential. You may not impersonate another person
b. You may not post or transmit any Member Content which is illegal,
libelous or defamatory. You may not post or transmit any Member
Content which discloses private or personal matters concerning
any person other than yourself without the consent of such person
or his or her legal guardian. You may not post or transmit any
Member Content which is indecent, obscene or pornographic.
c. You may not post or transmit any message, data, image or program
that would violate the property rights of others, including unauthorized
copyrighted text, images or programs, trade secrets or other confidential
proprietary information, and trademarks or service marks used
in an infringing fashion.
d. You may not post or transmit any file which contains viruses,
worms, Trojan horses or any other contaminating or destructive
features.
e. You may not post or transmit any Member Content which is harmful,
threatening, abusive or hateful. It is not our intent to discourage
users from taking controversial positions or expressing vigorously
what may be unpopular views; however, we reserve the right to
take such action as we deem appropriate in cases where the Member
Content is being used to disseminate statements which are deeply
and widely offensive and/or harmful. However, we are not obligated
to take any action.
f. You may not post or transmit spam, petitions for signatures,
chain letters or letters relating to pyramid schemes. You may
not post or transmit any advertising, promotional materials or
any other solicitation of other users to use goods or services.
g. You may not use any robot, spider or other automated means
to access this Site or the Services for any reason without our
prior written consent, except that you may use Standard for Robot
Exclusion-compliant robots, provided that, prior to indexing or
downloading any pages, such robots immediately visit http://www.healthcentral.com/robots.txt
when connecting to the Site. You acknowledge that http://www.healthcentral.com/robots.txt
is the only method that robots are authorized to access the Site
or the Services. If you violate this provision, we may, among
other things, terminate your access to the Site, delete your Account,
remove your Member Content from the Site and prevent any further
access by you to the Site, your Account or your Member Content.
- Review of Postings & Uploads. We assume no responsibility
for monitoring Member Content. We do not and cannot review all
Member Content posted or uploaded to the Site and are not responsible
for such Member Content, regardless of whether at any time we
choose in our sole discretion, to monitor or remove Member Content
on the Site.
- Trademarks. RIM and Registry of International Medical
Travel Partners are registered trademarks of IMG and its subsidiaries.
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 as follows:
InterMed Global LLC
20701 North Scottsdale Road, Suite 107-478
Scottsdale, Arizona 85255, U.S.A.
Attn: Legal Department
- 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.
- Disclaimers.
a. Geographic Disclaimer. The Site is administered by IMG from
Scottsdale AZ and is intended for users who are U.S. residents.
Access to the Site and the Content may not be legal for some persons
or in some countries outside the United States. If you elect to
access and use the Site and Content from outside of the United
States, you do so at your own risk and are solely responsible
for complying with all applicable laws and regulations.
b. 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.
c. We take no responsibility for Member Content or 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 "IMG Parties")
from and against all losses, expenses, damages and costs, including
reasonable attorney's fees, resulting from (a) provision of Member
Content by you, or (b) your use of the Content or Site; and/or
(c) 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 IMG 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 IMG PARTIES (INCLUDING BUT NOT
LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF ANY OF THE IMG
PARTIES) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH
YOUR USE OF THE SITE.
NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF
THE IMG 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 IMG PARTIES
BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT
REFERRED TO ABOVE.
NONE OF THE IMG 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 IMG PARTIES SHALL NOT EXCEED ONE HUNDRED (USD100) UNITED
STATES 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 Arizona,
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 Maricopa County, Arizona, United
States, and by accessing the Site you consent to the personal
jurisdiction of any state or federal court located in the State
of Arizona. 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, a general notice on the Site, or
by written communication delivered by first class U.S. mail to
your address on record in your Account information, if any. You
may give notice to us at any time by letter delivered by first
class postage prepaid U.S. mail or overnight courier to the following
address:
InterMed Global LLC
20701 North Scottsdale Road, Suite 107-478
Scottsdale, Arizona 85255, U.S.A.
Attn: Legal Department
- 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.
© 2006 - 2008 InterMed Global LLC. All rights reserved.
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