PLEASE READ CAREFULLY BEFORE USING THIS SITE
By using the Company sites, including www.mdlinx.com ("MDLinx Site"), any of its network of specialty sites("Specialty Sites"), thesmartestoncologist.com and any M3 sites similar thereto ("Quiz Sites") and collectively with MDLinx Site and Specialty Sites the "Sites"), you signify that you agree to abide with the following terms ("Terms of Service"). If you do not agree to these Terms of Service, you cannot use the Sites. M3 USA Corporation and our officers, directors, parent(s), employees, agents, licensees, assigns, subsidiaries and related entities ("Company"), reserve the right, at our discretion, to change, modify, add or remove portions of these Terms of Service at any time. Please review the Terms of Service periodically for changes. Changes to Terms of Service will be posted on the Sites, and posting will constitute notification of such changes. Your continued use of any of the Sites following the posting of changes to these Terms of Service will mean you agree to abide by those changes. The Sites may provide a variety of services (collectively "Services") such as access to the latest medical information available on the Web or the ability to participate in a quiz program. In addition, certain Services may have additional guidelines or rules. When using these Services, you shall be subject to any posted guidelines or rules applicable to such Services in addition to these Terms of Service.
I. DESCRIPTION OF SERVICE
The information provided on the Sites is designed to support, not replace, the relationship that exists between a patient/site visitor and his/her existing physician. You understand and agree that the Services are provided "AS IS" and that Company assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings.
II. MEMBER CONDUCT
You understand that all information, photographs, graphics, artwork, software, music, sound, video or any other materials or communications ("Content"), which includes any materials that you post, submit, upload or otherwise provide to any Site ("User Materials") are your responsibility and not Company's. Company does not control, monitor or edit the Content posted by individual users and, as such, does not guarantee the accuracy, integrity or quality of such posted Content, but reserves the right to remove any content or refuse the transmission of any Content. You understand that by using the Sites and Services, you may be exposed to Content that you may consider offensive, indecent or objectionable. Under no circumstances will Company be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via any Service.
You bear all the risks associated with the use of or exposure to any Content. You acknowledge and agree that Company may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) enforce the Terms of Service; (b) respond to claims that any Content violates the rights of third-parties; or (c) protect the rights, property, or personal safety of Company, its users and the public.
III. MEMBER REGISTRATION
As a condition to using the Sites and Services, You may be required to register with the Company and select a password and user name ("User ID"). If you register for a Site, you agree to receive emails from us related so such Site and as indicated therein (such as the MDLinx Top 10 headline newsletter associated with Specialty Site or a survey or questions associated with a Quiz Site). Where required, You shall provide Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of Your account. You may not (i) select or use as a User ID a name of another person with the intent to impersonate that person; (ii) use as a User ID a name subject to any rights of a person other than a person with appropriate authorization or (iii) misrepresent your licenses or qualifications. Company reserves the right to refuse registration of, or cancel a User ID in its discretion. You shall be responsible for maintaining the confidentiality of Your password. You shall be solely responsible for all information and instructions transmitted through the Sites or the use of any Services using Your password and User ID. All information and instructions communicated through these means will be considered to have been sent and authorized by You.
IV. LINKS TO THIRD-PARTY SITES
The Services may contain links, through advertising, affiliation, or otherwise, to other third party web sites ("Linked Sites"). The Linked Sites are not under the control of Company and Company is not responsible or liable for the communications or materials of any Linked Sites. Company is providing these links to you as a convenience and to advertisers and affiliates to promote their own sites or products, and the inclusion of any link does not imply endorsement by Company of the site or any association with its operators. You are responsible for adhering to the applicable terms of service for any other web site. You are strongly encouraged to evaluate any third-party sites, as you are solely responsible and liable for any interactions you may have with such sites, their sponsors and other third parties.
VI. MATERIALS PROVIDED TO COMPANY OR POSTED TO THE SERVICE
By your use of the Services, Company does not claim ownership of the User Materials you provide. However, by providing User Materials to Company, you are granting Company, its affiliated companies, business partners and licensees a worldwide, perpetual, royalty-free right to use User Materials in connection with all aspects of the operation and promotions of Company, including but not limited to, the rights to: copy, distribute, transmit (digitally or otherwise), publicly display, publicly perform, make derivative works of, reproduce, edit, translate and reformat User Materials and to publish your name in connection with User Materials. Company is under no obligation to post or use any User Materials and may remove any User Materials at any time at Company's sole discretion.
VII. THIRD-PARTY RIGHTS
If you believe that any of the material contained on a Site infringes or violates any copyrights, trademarks or other intellectual property rights owned by you or any other rights, please email us the specifics of your claim to email@example.com. Please include an identification of the offending work(s), the location(s) of the work on the Site , a good faith believe as to why such work(s) infringe or violate your rights, and your name, address, telephone number, and email address. Please be advised that such complaints must contain accurate information, submitted under penalty of perjury by the owner or by a person authorized to act on behalf of the owner of the exclusive copyright allegedly infringed.
Company, in its sole discretion, may terminate your password, account (or any part thereof), use of any Service, or access to any Site, and remove and discard any Content within any Service, for any reason, including, without limitation, for lack of use or if Company believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Company may also in its sole discretion and at any time discontinue providing any Service, or any part thereof, with or without notice. Company shall not be liable to you or any third party for any termination of your access to aService.
You warrant and represent that (i) you own all right, title, and interest in your User Materials or have obtained the necessary rights to use your User Materials on the Sites or with any part of the Services; (ii) your User Materials do not violate any law or regulation, (iii) your User Materials do not violate the intellectual property rights or any right of any third party; (iv) your User Materials are not designed to or will not knowingly have deleterious effect on Company, the Sites, the Services, other users or any computer, network, software or hardware.
You warrant and represent that you will not use the Services to upload, post, email or otherwise transmit any Content that is unlawful, harmful, fraudulent, threatening, abusive, harassing--including any spam, junkmail or otherwise solicitous; upload, post, email or otherwise transmit any Content that is defamatory, vulgar, obscene, libelous, invasive of another's privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable that would constitute or encourage a criminal offense or that would otherwise give rise to liability or violate any law; harm anyone in any way; impersonate any person or entity, including, but not limited to, employees or falsely state or otherwise misrepresent your affiliation with a person or entity; upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships; upload, post, email or otherwise transmit any material that knowingly contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, or telecommunications equipment; interfere with or disrupt the Services, the enjoyment of the Services or servers or networks connected to the Services; disobey any requirements, procedures, policies or regulations of networks connected to the Services; or collect or store personal data about other users.
You agree to indemnify and hold Company and its officers, directors, parent(s), employees, agents, licensees, assigns, subsidiaries, affiliates, co-branders or other partners harmless from any claim, cause of action, suit, or demand, including reasonable attorney's fees, based on your breach of the foregoing warranties or these Terms of Service.
XI. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
THE SITES AND THE SERVICES, INCLUDING ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSABLE, PURSUANT TO APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO: IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT ANY PORTION OF ANY SITE OR ANY SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT ANY SITE OR ANY SERVICE THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CODE. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. SOME STATES MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
XII. LIMITATION OF LIABILITY
IN NO EVENT SHALL COMPANY OR ANY OF ITS AFFILIATES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, LOST PROFITS OR THE COST TO PROCURE SUBSTITUTE GOODS AND SERVICES ARISING OUT OF THE USE OF THE SITES OR THE SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE.
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