PLEASE READ THESE TERMS AND CONDITIONS OF
USE CAREFULLY BEFORE USING THIS WEBSITE, THEY MAY HAVE CHANGED SINCE YOUR LAST
VISIT.
By using this website, you indicate your acceptance of
these Terms and Conditions. If you do not agree with all of these Terms and
Conditions, do not use this website.
MedHelp INTERNATIONAL, INC. ("MedHelp") DOES NOT
PROVIDE MEDICAL ADVICE
The contents of MedHelp's website (the "MedHelp Site"),
such as text, graphics, images, information obtained from MedHelp's medical
partners, sponsors, advertisers, licensors, and other material (collectively the
"Content") are for informational purposes only. The Content is not intended to
be a substitute for professional medical advice, diagnosis, or treatment. Always
seek the advice of your physician or other qualified health provider with any
questions you may have regarding a medical condition.
If you think you may have a
medical emergency, call your doctor or 911 immediately.
MedHelp does
not recommend or endorse any specific tests, products, procedures, opinions, or
other information that may be mentioned on the MedHelp Site. Reliance on any
information provided by MedHelp, MedHelp employees, others appearing on the
Site at the invitation of MedHelp, or other visitors to the Site is solely at
your own risk.
COPYRIGHT AND TRADEMARK INFORMATION
Copyright © 1994-2007 MedHelp International, Inc. All
rights reserved.
The MedHelp Site, and the information which it contains,
is the property of MedHelp and its affiliates and licensors, and is protected
from unauthorized copying and dissemination by United States copyright law,
trademark law, international conventions and other intellectual property laws.
USE OF MedHelp CONTENT
MedHelp authorizes you to view or download a single copy
of the material on the MedHelp Site solely for your personal, noncommercial use
if you do not remove the copyright and other proprietary rights notices which
were contained in the Content. Any special rules for the use of certain software
and other items provided on the MedHelp Site may be included elsewhere within
the Site and are incorporated into these Terms and Conditions by reference.
The Content is protected by copyright under both
United States and foreign laws. Title to the Content remains with MedHelp or
its licensors. Any use of the Content not expressly permitted by these Terms and
Conditions is a breach of these Terms and Conditions and may violate copyright,
trademark, and other laws. Content and features are subject to change or
termination without notice in the editorial discretion of MedHelp. All rights
not expressly granted herein are reserved to MedHelp and its licensors.
Nothing contained on the MedHelp Site should be
construed as granting, by implication, estoppel, or otherwise, any license or
right to use this web site or any documents displayed on this web site, through
the use of framing or otherwise, except: (a) as expressly permitted by these
Terms and Conditions; or (b) with the prior written permission of MedHelp or
such third party that may own copyrights in material displayed on this web site.
If you violate any of these Terms and Conditions, your
permission to use the Content automatically terminates and you must immediately
destroy any copies you have made of any portion of the Content.
LIMITATION OF LIABILITY / DISCLAIMER OF WARRANTIES
The use of the MedHelp Site and the Content is at your
own risk.
When using the MedHelp Site, information will be
transmitted over a medium which is beyond the control and jurisdiction of Med
Help, its partners, advertisers, sponsors and its suppliers. Accordingly, Med
Help 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 MedHelp Site.
THE MedHelp SITE AND THE CONTENT ARE PROVIDED ON AN "AS
IS" BASIS. MedHelp INTERNATIONAL, ITS PARTNERS, ADVERTISERS, SPONSORS,
LICENSORS AND SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL
WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD
PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
Specifically, MedHelp, its licensors, and its suppliers
make no representations or warranties about the following:
- The accuracy, reliability, completeness, correctness, or
timeliness of the Content, software, text, graphics, links, or communications
provided on or through the use of the MedHelp Site.
- The satisfaction of government regulations requiring disclosure of
information on prescription drug products with regard to the Content contained
on the MedHelp Site.
- The accuracy, completeness or correctness, timeliness, or
usefulness of any opinions, advice, services, or other information provided
through the MedHelp Site.
In no event shall MedHelp International, its partners,
sponsors, advertisers, licensors or its suppliers, or any third parties
mentioned on the MedHelp Site be liable for any damages (including, without
limitation, incidental, consequential or other indirect damages, personal
injury/wrongful death, lost profits, or damages resulting from lost data or
business interruption) resulting from the use or inability to use the MedHelp
Site or the Content, whether based on warranty, contract, tort, or any other
legal theory, and whether or not MedHelp is advised of the possibility of such
damages. MedHelp is not liable for any personal injury, including death,
caused by your use or misuse of the Site, Content, or Public Area (as defined
below).
Any claims arising in connection with your use of the
Site, any Content, or the Public Areas must be brought within one (1) year of
the date of the event giving rise to such action occurred. Remedies under these
Terms and Conditions are exclusive and are limited to those expressly provided
for in these Terms and Conditions. In all cases, MedHelp shall be liable only
to the extent of actual damages incurred by you, not to exceed U.S.$1000.00.
INDEMNIFICATION
By using the MedHelp International website you agree to
indemnify and hold MedHelp, its officers, directors, employees, affiliates,
agents, attorneys, representatives and members harmless from any and all losses,
damages, liabilities, claims, demands, suits, or causes of action (including
reasonable attorneys' fees and costs) arising from your use or misuse of the Med
Help Site.
USER SUBMISSIONS
You agree that you will not upload or transmit any
communications or content of any type that infringes upon or violates any rights
of any party. By submitting communications or content to any part the MedHelp
Site, you agree that such submission is non-confidential for all purposes. If
you make any such submission, you automatically grant, or warrant that the owner
of such content has expressly granted MedHelp a royalty-free, perpetual,
irrevocable, worldwide 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. MedHelp may sublicense its rights
through multiple tiers of sublicenses.
FORUMS AND PUBLIC AREAS
USE OF MedHelp INTERNATIONAL FORUMS AND PUBLIC AREAS
CONSTITUTES ACCEPTANCE OF ALL OF THE TERMS AND CONDITIONS DESCRIBED HEREIN
By using the MedHelp Site, you acknowledge and agree
that the information contained therein, including responses from medical
professionals, is intended solely for general educational purposes. The
information contained on the website is not intended nor implied to be a
substitute for professional medical advice relative to your specific medical
condition. MedHelp does not guarantee monitoring or authentication of the
information contained in forums and chat groups for accuracy, safety, or
reliability. Always seek the advice of your physician or other qualified
health provider for any questions you may have regarding your medical condition,
or prior to starting any new treatment.
MEDICAL EMERGENCY:
If you think you may have a medical emergency, call 911 or your
healthcare provider immediately!
IF YOU FEEL THREATENED:
If you feel threatened or believe someone else is in danger, you should contact
your local law enforcement agency immediately.
ABUSE:
In cases
where you believe a person(s) has breached the terms and conditions of the Med
Help International website, please
contact MedHelp International IMMEDIATELY. Do not attempt to
contact the person yourself and do not post derogatory comments in any public
areas on the MedHelp Site.
MedHelp, its officers, directors, employees, affiliates,
agents, attorneys, representatives make no endorsements of any particular
product or treatment, makes no representations and assumes no liability relative
to any content, opinions, comments, e-mail addresses, and/or computer viruses
which may be transmitted in any Forum or Public Area.
If you use a Forum or Public Area on the MedHelp Site,
you are solely responsible for your own communications, the consequences of
posting those communications, and your reliance on any communications found in
the Forums and Public Areas.
In no event will MedHelp, its officers, directors,
employees, affiliates, agents, attorneys, representatives, partners, sponsors,
advertisers or other affiliated persons or entities be liable to you or anyone
else for any decision made or action taken by you or anyone else in reliance
upon the information provided through the MedHelp Site. You will hold MedHelp
International its officers, directors, employees, affiliates, agents, attorneys,
representatives, partners, sponsors, advertisers or other affiliated persons or
entities harmless for any such actions or decisions taken by you in reliance
upon such information.
By submitting communications or content to the Forms or
Public Areas, you agree that such submission is non-confidential for all
purposes. You agree to allow MedHelp and all other persons or organizations
involved in the operation of the MedHelp Site the right to transmit, monitor,
retrieve, store, and use your information in connection with the operation of
the MedHelp Site.
RULES FOR POSTING QUESTIONS AND COMMENTS IN FORUMS AND
PUBLIC AREAS
In Forums and Public Areas that are being moderated by
healthcare professionals, answers will be posted in the forum and will appear
indented beneath the original question, usually within 5 to 10
business days.
MedHelp Public Areas, which includes all areas of the
MedHelp Site where users may post content, are for the exchange of information
and support ONLY. In consideration of being allowed to use the Public Areas,
you agree that the following actions shall constitute a material breach of these
Terms and Conditions of Use:
- Posting questions or comments by persons under 13 years of age without
the consent of their parents.
- Posting your full name(s), or any other confidential or personally
identifiable information on the MedHelp International website. *
- Posting names, e-mail addresses, telephone numbers or any other
confidential or personally identifiable information of yourself or any person(s)
or entities.
- Using a Public Area for any purpose in violation of local, state,
federal, or international laws;
- Posting material that infringes on the copyrights or other intellectual
property rights of others or on the privacy or publicity rights of others;
- Posting material that is unlawful, obscene, derogatory, defamatory,
threatening, harassing, abusive, slanderous, hateful, or embarrassing to any
other person or entity as determined by MedHelp in its sole discretion.
- Posting advertisements or solicitations of business.
- Posting more than 2 new questions within a 6-month period, in forums
(Public Areas) that are limited to the number of new questions accepted daily.
- Posting links to other websites or individuals, without prior written
permission from MedHelp.
- Posting chain letters or pyramid schemes.
- Impersonating another person or entity.
- Registering under more than one name and/or e-mail address.
- Distributing viruses or other harmful computer code.
- Harvesting or otherwise collecting information about others, including
email addresses, without their 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".
- Engaging in any other conduct that restricts or inhibits any other person
from using or enjoying the Public Area or the Site, or which, in the judgment of
MedHelp, exposes MedHelp or any of its customers, partners or suppliers to any
liability or detriment of any type.
- 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).
*If you disregard this warning and post personal or
confidential information (yours or others) on the MedHelp Site, which you later
want removed, there is a $5.00 fee to remove each posting. You must
submit your removal request in writing, including the URL(s) you want removed.
Also you must include your User ID and Password along with a U.S. check or money
order for $5.00 for each URL you wish to have removed to:
MedHelp International, Inc.
6300 N. Wickham Road
Suite 130 / PMB 188
Melbourne, Florida 32940
U.S.A.
Once the complete URL removal request is received in
writing, MedHelp International will make every effort to remove the posting in
a timely manner.
ENFORCEMENT OF THE RULES
MedHelp 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 does not conform to these
Terms and Conditions and determine in its sole discretion to remove or request
the removal of the communication.
- Remove communications which it determines, in its sole discretion, to be
abusive, illegal, or disruptive, or that otherwise fail to conform to these
Terms and Conditions.
- Terminate a user's access to any or all Public Areas and/or the MedHelp
Site upon any breach of any of these Terms and Conditions.
- Terminate a user's access to any or all Public Areas and/or the MedHelp
Site if the user's registration information and/or e-mail address is no longer
valid.
- Monitor, edit, or disclose any communication in the Public Areas.
- Edit or delete any communication posted on the MedHelp Site, regardless
of whether such communication violates these standards.
MedHelp reserves the right to take any other action it
deems necessary to protect the personal safety of our guests, visitors, or the
public.
NOTICE AND TAKEDOWN PROCEDURES; COPYRIGHT AGENT
If you believe any materials accessible on or from this
web site infringe your copyright, you may request removal of those materials (or
access thereto) from this web site by contacting MedHelp's copyright agent
(identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed.
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 you believe to be infringing and its
location. Please describe the material, and provide us with its URL or any other
pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the complained of use
of the materials is not authorized by the copyright owner, its agent, or the
law.
- A statement that the information that you have supplied is accurate, and
indicating that "under penalty of perjury," you are the copyright owner or are
authorized to act on the copyright owner's behalf.
- A signature or the electronic equivalent from the copyright holder or
authorized representative.
MedHelp's agent for copyright issues relating to this
web site is as follows:
Copyright Agent
MedHelp International, Inc. (tm)
6300 North Wickham Road
Suite 130 / PMB 188
Melbourne, Florida 32940
Telephone: 321-259-7505
In an effort to protect the rights of copyright owners,
MedHelp maintains a policy for the termination, in appropriate circumstances,
of subscribers and account holders of this web site who are repeat infringers.
CHILDREN'S PRIVACY
MedHelp conforms to the Children's Online Privacy
Protection Act [COPPA]. We will never knowingly request personally identifiable
information from anyone under the age of 13 without parental consent. When we do
receive information (with parental consent) from users under the age of 13, we
will never voluntarily share their personally identifiable information with
third parties, regardless of their stated preference given at registration.
Please also see our separate
privacy policy.
PASSWORDS
All registered members of the MedHelp Site are
responsible for taking all reasonable steps to ensure that no unauthorized
person shall have access to their MedHelp passwords or accounts. It is the
registered members' sole responsibility to (1) control the distribution of their
passwords or account information; (2) authorize, monitor, and control access to
and use of their MedHelp account and password; (3) inform MedHelp
International of any need to deactivate their password or change their
registration, as soon as possible.
GENERAL
MedHelp is based in Melbourne, Florida, in the United
States of America. MedHelp makes no claims that the Content is appropriate or
may be downloaded outside of the United States. Access to the Content may not be
legal by certain persons or in certain countries. If you access the MedHelp
Site from outside the United States, you do so at your own risk and are
responsible for compliance with the laws of your jurisdiction. The following
provisions survive the expiration or termination of these Terms and Conditions
for any reason whatsoever: Limitation of Liability / Disclaimer of Warranties,
Indemnification, User Submissions, Jurisdiction, and Complete Agreement.
JURISDICTION
You expressly agree that exclusive jurisdiction for any
dispute with MedHelp, or in any way relating to your use of the MedHelp Site,
resides in the courts of the State of New York and you further agree and
expressly consent to the exercise of personal jurisdiction in the courts of the
State of New York in connection with any such dispute including any claim
involving MedHelp or its affiliates, subsidiaries, employees, contractors,
officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the laws of
the State of New York, without respect to its conflict of laws principles. 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. No waiver of any of these Terms and
Conditions shall be deemed a further or continuing waiver of such term or
condition or any other term or condition.
COMPLETE AGREEMENT
Except as expressly provided in a particular "legal
notice" on the MedHelp Site, these Terms and Conditions constitute the entire
agreement between you and MedHelp with respect to the use of the MedHelp Site
and Content. Your use of the MedHelp Site is also subject to the MedHelp
Privacy Policy.
CONTACT MedHelp INTERNATIONAL
MedHelp International, Inc. (tm)
6300 North Wickham Road
Suite 130 / PMB 188
Melbourne, Florida 32940
Telephone: 321-259-7505
Homepage:
http://www.medhelp.org
Contact:
http://www.medhelp.org/ContactUs.htm
Terms and Conditions