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THE MEDCOMMONS TERMS OF USE INCORPORATES BY REFERENCE THE MEDCOMMONS.NET PRIVACY POLICY. PARTS OF THIS SITE ARE ALSO SUBJECT TO THE AMAZON WEB SERVICES CUSTOMER AGREEMENT
By using the MedCommons, Inc. ('MedCommons')
web site (the 'Site'), whether accessed directly or through a third-party web
site, you signify your agreement to all terms, conditions and notices
contained or referenced herein (the 'Terms of Use'). If you do not agree to
these Terms of Use, please do not use the Site. MedCommons reserves the right,
in its discretion, to update or revise these Terms of Use. Please check
periodically for changes. Your continued use of the Site following the posting
of any changes to the Terms of Use constitutes acceptance of those changes.
1. Not for Clinical Use. The Site is intended to provide an opportunity
for you to test a trial version of the HealthURL Appliance and certain other
MedCommons products and services available on the Site from time to time
(collectively, the 'Devices'). The HealthURL Appliance is subject to
regulation by the Federal Drug Agency, and a 510[k] filing applies to the
HealthURL Appliance. It is labeled: CAUTION Prototype software. For beta
use only. Neither the Site nor any Device thereon is an attempt to
practice medicine or provide specific medical advice, and none should be used
to make a diagnosis or to replace or overrule a qualified health care
provider's judgment. You should not rely upon the Site or any Device if you or
anyone else might need emergency medical treatment. We strongly encourage you
to consult with a qualified health care professional for answers to personal
questions.
2. Use of the Site. You may use the Site, and transmit and store data only in accordance with and subject to these Terms of Use and the MedCommons, Inc. Privacy Policy (the 'Privacy Policy') (available at www.medcommons.net).
You understand and agree that MedCommons may stop (permanently or temporarily) providing any products, services or features offered through the Site at any time. Any data transmitted to the Site is subject to deletion without notice at any time. You are responsible for maintaining back-up copies of such data separately from the Site.
You understand and agree that you are responsible for maintaining the confidentiality of PIN codes, passwords and other identifiers associated with your use of the Site (each, a 'Pass Code'). Accordingly, you agree that you will be solely responsible to MedCommons for any activity that occurs in connection with your Pass Codes. Further, you understand and agree that MedCommons will not recover any lost Pass Code.
You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of MedCommons or others. Without limiting the foregoing, you may not (a) disassemble, decompile or reverse engineer any software available through the Site, except, and only to the extent, as expressly permitted by law or (b) attempt to gain unauthorized access to any portion of the Site or any other systems or networks connected to the Site by hacking or any other illegitimate means.
3. Proprietary Rights. You acknowledge and agree that the content and materials available on the Site are protected by copyrights, trademarks, service marks or other proprietary rights and laws. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from content or materials available on the Site. Use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited.
4. Feedback. There may be opportunities within the Site for you to provide certain comments, suggestions, data or other information to MedCommons (collectively, 'Feedback'). MedCommons shall have the right to retain and use any such Feedback in current or future products or services, without further compensation to you. To the extent such Feedback is protectable under intellectual property laws, you agree to cooperate with MedCommons as needed to obtain such protection as MedCommons may desire and you agree to assign your rights to such Feedback to MedCommons.
5. Additional Terms and Conditions. Additional terms and conditions may apply to specific portions of the Site, which terms are made a part of these Terms of Use by reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site, the latter terms shall control with respect to your use of that portion of the Site.
6. International Use. MedCommons makes no representation that materials available on the Site are appropriate or available for use in locations outside the United States, and accessing the Site is prohibited in territories where viewing or downloading the Site or the content or materials thereon is in violation of local law. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.
7. Third Party
Sites. The Site may link you to
other web sites on the Internet. These other web sites are not under the
control of MedCommons, and you acknowledge that MedCommons is not responsible
for the accuracy, copyright compliance, legality, decency or any other aspect
of the content of such sites. The inclusion of such a link does not imply
endorsement of the site by MedCommons or any association with its operators.
8.
DISCLAIMER OF
WARRANTIES. ALL MATERIALS,
INFORMATION AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE
'CONTENT') ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE. THE CONTENT
IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. MEDCOMMONS DOES NOT WARRANT THAT
THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE
AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE
CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOUR USE OF THE SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT
PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO
YOU.
9.
LIMITATION OF
LIABILITY. UNDER NO CIRCUMSTANCES
SHALL MEDCOMMONS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO
USE, THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED
ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF
MEDCOMMONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. Because some
jurisdictions do not allow the exclusion or limitation of incidental or
consequential damagers, MedCommons' liability in such jurisdictions shall be
limited to the extent permitted by law.
You
may recover from MedCommons only direct damages up to the amount you paid to
MedCommons in connection with your use of the Site during the twelve (12)
months prior to the event
giving rise to such liability.
10. Release and Waiver. To the maximum extent permitted by applicable law, you hereby release, and waive all claims against MedCommons and its employees and agents from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising out of or in any way connected with use of the Site. If you are a California resident, you waive your rights under California Civil Code ¤1542, which states, 'A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.' Residents of other states and nations similarly waive their rights under applicable and/or analogous laws, statutes or regulations.
11.
Indemnification.
You agree to defend, indemnify
and hold harmless MedCommons, and its employees, contractors, officers and
directors from all liabilities, claims and expenses, including attorneys'
fees, that arise from your use or misuse of the Site. MedCommons reserves the
right, at it own expense, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you, in which event you will
cooperate with MedCommons in asserting any available defenses.
12. Termination. MedCommons reserves the right, in its sole discretion, to suspend or terminate your access to all or part of the Site, with or without notice.
13. Procedure for Making Claims of Copyright Infringement. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please provide the following information to MedCommons:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Site;
your address, telephone number and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Please send such notice to:
MedCommons, Inc.
100 Galen St.
Watertown, Mass
1.617.395.6744
14. Choice of Law and
Forum. These Terms of Use shall
be governed by and construed in accordance with the laws of the Commonwealth
of Massachusetts, excluding its conflicts of law rules. You expressly agree
that the exclusive jurisdiction for any claim or action arising out of or
relating to these Terms of Use or your use of the Site shall be the state or
federal courts located in the Commonwealth of Massachusetts, and you further
agree and submit to the exercise of personal jurisdiction of such courts for
the purpose of litigating any such claim or action.
15. Miscellaneous. Unless otherwise specified herein, these Terms of
Use, together with the Privacy Policy, constitute the entire agreement between
you and MedCommons with respect to the Site and supersede all prior or
contemporaneous communications and proposals (whether oral, written or
electronic) between you and MedCommons with respect to the Site. If any part
of these Terms of Use is held invalid or unenforceable, that portion shall be
construed in a manner consistent with applicable law to reflect, as nearly as
possible, the original intentions of the parties, and the remaining portions
shall remain in full force and effect. The failure of MedCommons to act with
respect to a breach by you or others does not waive MedCommons' right to act
with respect to subsequent or similar breaches. MedCommons' failure to
exercise or enforce any right or provision of these Terms of Use shall not
constitute a waiver of such right or provision. The section headings contained
in these Terms of Use are included for convenience only and shall not limit or
otherwise affect the terms of these Terms of Use.
Last updated: April 7, 2008