ACCEPTANCE OF TERMS
All user-supplied information, materials, files, communications, and documents are referred to collectively as “User Content.” “MSW Content” means all Materials provided by Medical Specialty Websites, LLC, whether through its Site or by way of newsletters. User Content and MSW Content may have different restrictions and conditions associated with them.
SERVICES MAY BE RESTRICTED
INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS
In addition to the Materials and Services offered by MSW, this Site may also make available materials, information, and services provided by third parties (collectively, the “Third Party Services”). The Third Party Services may be governed by separate license agreements that accompany such services. MSW offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Services, including any liability resulting from incompatibility between the Third Party Services and the Materials and Services offered by MSW. You agree that you will not hold MSW responsible or liable with respect to the Third Party Services or seek to do so.
Except as expressly indicated to the contrary elsewhere on this Site, you may view, download, and print the MSW Content and User Content available on this Site subject to the following conditions:
1. The MSW Content and User Content may be used solely for personal, informational, and internal purposes.
2. The MSW Content and User Content may not be modified or altered in any way.
3. The MSW Content and User Content on the Site may not be distributed or sold, rented, leased, or licensed to others.
4. You may not remove any copyright or other proprietary notices contained in the MSW Content and User Content.
5. MSW reserves the right to revoke the authorization to view, download, and print the MSW Content and User Content available on this Site at any time, and any such use shall be discontinued immediately upon notice from MSW.
6. The rights granted to you constitute a license and not a transfer of title.
The rights specified above to view, download, and print the MSW Content and User Content available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
The trademarks, logos, and service marks (“Marks”) displayed on this Site are the property of MSW or other third parties. You are not permitted to use the Marks without the prior written consent of MSW or such third party that may own the Marks.
LICENSE TO MSW FOR USER CONTENT
Certain Services offered through this Site accommodate or require User Content. Depending upon the nature of the Service, by submitting User Content to this Site you grant MSW one of the following types of licenses:
1. For User Content that is the result of your creative efforts and which is intended to be displayed on the Site, you grant MSW a worldwide, royalty-free, non-exclusive license to modify (for purposes of formatting, maintenance, or Site administration only) and reproduce such User Content. You also grant MSW the right to distribute and publicly display such User Content for the purpose for which such User Content was submitted to the Site. This license will be in effect until such User Content is removed from the Site.
2. For User Content such as comments on user forms, reports or suggestion forms, you grant MSW and the users of this Site an unrestricted, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such User Content, and you also agree that MSW is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose without any compensation to you. However, we will not release your name or otherwise publicize the fact that you submitted such User Content to us unless: (a) you grant us permission to do so; (b) we first notify you that the User Content you submit to a particular part of the Site will be published or otherwise used with your name on it; (c) we have a good faith belief that we are required to do so by law and/or in response to a subpoena or court order; or (d) we believe it necessary in order to protect the rights of MSW or others.
You may submit only User Content to the Site that is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, harassing, libelous, offensive, defamatory, obscene, or pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. Violation of these restrictions may result in denial of or limitations on access by you to this Site.
In using the Site, including all Services and Materials available through it, you agree: not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked sites; not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files; not to create a false identity; not to use or attempt to use another’s account, password, service, or system without authorization from MSW; not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites.
MANAGING CONTENT AND COMMUNICATIONS
MSW reserves the right, in its sole discretion, to delete or remove User Content from the Site and to restrict, suspend, or terminate your access to all or part of this Site, at any time without prior notice or liability. MSW may, but is not obligated to, monitor or review any areas on the Site where users transmit or post User Content, including but not limited to areas where Services are available, and the substance of any User Content. MSW disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Content.
WARRANTIES AND DISCLAIMERS
Except as expressly provided otherwise in a written agreement between you and MSW or you and a third party with respect to such party’s materials or services, this Site, and all Materials and Services accessible through this Site are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, MSW makes no warranty that
(i) the Services and Materials will meet your requirements; (ii) the Services and Materials will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Services or Materials will be effective, accurate, or reliable; (iv) the quality of any Products, Services, or Materials obtained or accessible by you through the Site will meet your expectations; and (v) any errors in the Services or Materials obtained through the Site, or any defects in the Site, its Services or Materials, will be corrected. Therefore, MSW will not be held liable for any harm, including physical, caused because of your reliance on any of the information provided on the Site. Users should consult with their physicians before implementing any medical course of action.
This Site is an informational website only and is intended to provide users with general knowledge about allergies. Any medical advice provided over the Site’s forum is provided by other users of the Site and not by MSW. Furthermore, MSW cannot possibly monitor all User Content and review the medical accuracy of advice provided by others on the Site. Therefore, to the maximum extent permitted by law, MSW will have no liability related to User Content, including any physical harm caused to you by your reliance on any information or advice provided by Site users. If you are faced with a medical condition, MSW strongly recommends that you contact your physician rather than relying on suggestions provided by other Site users. Please be aware that any comments or questions submitted to our forum will be visible to all other users. You should therefore be cautious when using any personal contact information or discussing any personal medical information.
This Site could include technical or other mistakes, inaccuracies, or typographical errors. MSW may make changes to the Materials and Services at this Site at any time without notice. The Materials or Services at this Site may be out of date, and MSW makes no commitment to update such Materials or Services.
You understand and acknowledge that (i) MSW does not control, endorse, or accept responsibility for any content, products, or services offered by third parties through the Site, including, without limitation, third party vendors and third parties accessible through links on the Site; (ii) MSW makes no representation or warranties whatsoever about any such third parties, their content, products, or services; (iii) any dealings you may have with such third parties are at your own risk; and (iv) MSW shall not be liable or responsible for any content, products, or services offered by third parties.
PERSONAL INFORMATION AND PRIVACY
LIMITATION OF LIABILITY
In no event, including, without limitation, negligence, shall MSW, its subsidiaries, affiliates, agents, officers, directors, employees, partners, or suppliers be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, including physical harm, or any damages whatsoever, including, without limitation, those resulting from loss of use, data, or profits, whether or not MSW has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of or the inability to use this Site, its Services, or Materials, the statements or actions of any third party on or through the Site, any dealings with vendors or other third parties, any unauthorized access to or alteration of your transmissions or data, any information that is sent or received or not sent or received, any failure to store or loss of data, files, or other content, any Services available through the Site that are delayed or interrupted, or any website referenced or linked to or from this Site.
INDEMNITY AND LIABILITY
GOVERNING LAW AND JURISDICTION
This Site (excluding linked sites) is controlled by MSW from its offices within the state of Georgia, United States of America. By accessing this Site, you and MSW agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Georgia, without regard to the conflicts of laws principles thereof. You and MSW also agree and hereby submit to the exclusive personal jurisdiction and venue of the Courts within the State of Georgia with respect to such matters.