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CONDITIONS OF USE
PLEASE READ THESE CONDITIONS OF USE CAREFULLY BEFORE USING OUR SITE.
By using this site, you agree to these Conditions of Use. If you do not agree
with any or all of these Conditions of use, please do not use this site.
Medtopia and MD Technologies Inc. ("Medtopia and MD Technologies") may change
and update these Conditions of use at any time. Your continued use of the
Medtopia and MD Technologies site ("Medtopia and MD Technologies Site," or the
"Site,") will mean you accept all changes made.
The contents of the Medtopia and MD Technologies Site, such as text, graphics,
images, information obtained from Medtopia and MD Technologies, its licensers,
and other material ("Content") contained on the Medtopia and MD Technologies
Site are strictly for informational purposes only. The Content is not intended
to be a substitute for professional medical advice, diagnosis, or treatment.
We do not provide medical advice. You should consult your personal physician
before taking any action based on what you see or read on this Site.
If you think you may have a medical emergency, call your doctor or 911
immediately. Medtopia and MD Technologies do not recommend or endorse any
specific tests, products, procedures, opinions, or other information that may
be mentioned on the Site. Reliance on any information provided by Medtopia and
MD Technologies, Medtopia and MD Technologies employees, others appearing on
the Site at the invitation of Medtopia and MD Technologies, or other visitors
to the Site is solely you're your personal decision.
The Site may contain materials that you find sexually explicit or offensive.
Medtopia and MD Technologies, its licensers, and its suppliers have no control
over and accept no responsibility for such materials. The viewer of this
information is responsible for compliance with the laws applicable to you.
USE OF CONTENT
Medtopia and MD Technologies authorizes you to view or download a single copy of
the material on the Medtopia and MD Technologies Site solely for your personal,
noncommercial use if you include the following copyright notice: "Copyright
2003, Medtopia and MD Technologies, Inc. All rights reserved" and other
copyright and proprietary rights notices which were contained in the Content.
Any special rules for the use of certain software and other items provided on
the Medtopia and MD Technologies Site may be included elsewhere within the Site
and are incorporated into these Terms and Conditions by reference.
Copyright laws protect the Contents of this site. Any use of the Content not
expressly permitted by these Conditions of Use is a breach of these Conditions
of Use and may violate copyright, trademark, and other laws. Content and
features are subject to change or termination without notice in the editorial
discretion of Medtopia and MD Technologies. All rights not expressly granted
herein are reserved to Medtopia and MD Technologies and its licensers.
Violation of any of these Conditions of Use, automatically terminates your
rights to use the contents hereof and you must immediately destroy any copies
you have made of any portion of the Contents.
LIABILITY OF MEDTOPIA AND MD TECHNOLOGIES AND ITS LICENSERS
You use the Medtopia and MD Technologies Site and the Contents at your own risk.
When using the Medtopia and MD Technologies Site, information will be
transmitted over a medium that is beyond the control and jurisdiction of
Medtopia and MD Technologies. Accordingly, Medtopia and MD Technologies 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
Medtopia and MD Technologies Site.
The Medtopia and MD Technologies Site and the content are provided on an "as is"
basis. MEDTOPIA AND MD TECHNOLOGIES, ITS LICENSORS, AND ITS 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 REDHIBITION, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES'
RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Specifically, Medtopia and MD
Technologies, its licensers, and its suppliers make no representations or
warranties about the following:
The accuracy, reliability, completeness, or timeliness of the Content, software,
text, graphics, links, or communications provided on or through the use of the
Medtopia and MD Technologies Site or Medtopia and MD Technologies.
The satisfaction of government regulations requiring disclosure of information
on prescription drug products with regard to the Content contained on the
Medtopia and MD Technologies Site.
In no event shall Medtopia and MD Technologies, its licensers, its suppliers, or
any third parties mentioned on the Medtopia and MD Technologies Site be liable
for any damages (including, without limitation, incidental and consequential
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 Medtopia and MD Technologies Site or the Content, whether based on
warranty, contract, tort, or any other legal theory, and whether or not
Medtopia and MD Technologies is advised of the possibility of such damages.
Medtopia and MD Technologies shall be liable only to the extent of actual
damages incurred by you, not to exceed U.S.$1000. Medtopia and MD Technologies
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.
USER SUBMISSIONS
You agree that you will not upload or transmit any communications or content of
any type that infringe or violate any rights of any party. By submitting
communications or content to any part of this 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--Medtopia and MD Technologies a royalty-free, perpetual,
irrevocable, world-wide 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. Medtopia and MD Technologies
may sublicense its rights through multiple tiers of sublicenses.
MyMedtopia Membership
MyMedtopia Membership is a service that allows you and your physician to record
limited amounts of personal health information on a voluntary basis on servers
maintained by Medtopia and MD Technologies. The Membership is structured to
allow access only to visitors with a valid ID and password. Whenever you submit
or modify your information in MyMedtopia, we will send such information over
the Internet using 128 SSL encryption. The information submitted to MyMedtopia
will be stored on a separate server as additional security precautions.
However, we do not warrant or represent that the information you submit to
MyMedtopia will be protected against loss, misuse, or alteration by third
parties.
You are responsible for taking all reasonable steps to ensure that no
unauthorized person shall have access to your MyMedtopia password or account.
It is your sole responsibility to (1) control the dissemination and use of
activation codes and passwords; (2) authorize, monitor, and control access to
and use of your MyMedtopia account and password; (3) promptly inform Medtopia
and MD Technologies of any need to deactivate a password. You grant Medtopia
and MD Technologies and all other persons or entities involved in the operation
of the Site and Medtopia the right to transmit, monitor, retrieve, store, and
use your information in connection with the operation of MyMedtopia. Medtopia
and MD Technologies cannot and do not assume any responsibility or liability
for any information you submit to MyMedtopia or your or third parties' use or
misuse of information transmitted or received using The Personal Health Web
Page.
You are solely responsible for your own communications, the consequences of
posting those communications, and your reliance on any communications. Medtopia
and MD Technologies is not responsible for the consequences of any
communications. If you think you may have a medical emergency, call your doctor
or 911 immediately.
Breach
In consideration of being allowed to use the our site, you agree that the
following actions shall constitute a material breach of these Conditions of
Use:
Using our site for any purpose in violation of local, state, national, or
international laws;
Publishing material that infringes on the intellectual property rights of others
or on the privacy or publicity rights of others;
Publishing material that is unlawful, obscene, defamatory, threatening,
harassing, abusive, slanderous, hateful, or embarrassing to any other person or
entity as determined by Medtopia and MD Technologies in its sole discretion;
Publishing advertisements or solicitations of business;
Publishing chain letters or pyramid schemes;
Impersonating another person;
Distributing viruses or other harmful computer code;
Collecting information about others, without their consent;
Allowing any other person or entity;
Decimating the same note more than once or "spamming"; or
Engaging in any other conduct that, in the judgment of Medtopia and MD
Technologies, exposes Medtopia and MD Technologies or any of its customers or
suppliers to any liability or risk of any type.
Medtopia and MD Technologies reserves the right (but are not obligated) to do
any or all of the following:
Investigate an allegation that a communication(s) do(es) not conform to the
terms of this section and determine in its sole discretion to remove or request
the removal of the communication(s).
Remove communications that are abusive, illegal, or disruptive, or that
otherwise fail to conform to these Conditions of Use.
Terminate a user's access to any or all areas and/or the Medtopia and MD
Technologies Site upon any breach of these Conditions of use.
Monitor, edit, or disclose any communication submitted by you.
Medtopia and MD Technologies reserves the right to take any action it deems
necessary to protect the personal safety of our guests or the public. Medtopia
and MD Technologies has no liability or responsibility to users of the Medtopia
and MD Technologies Site or any other person or entity for performance or
nonperformance of the aforementioned activities.
ADVERTISEMENTS AND LINKS TO OTHER SITES
Medtopia and MD Technologies does not endorse the content on any third-party
websites. Medtopia and MD Technologies is not responsible for the content of
linked third-party sites, sites framed within the Medtopia and MD Technologies
Site, or third-party advertisements, and does not make any representations
regarding their content or accuracy. Your use of third-party websites is at
your own risk and subject to the terms and conditions of use for such sites.
Medtopia and MD Technologies does not endorse any product advertised on the
Medtopia and MD Technologies Site.
GENERAL
Medtopia and MD Technologies is based in Baton Rouge Louisiana, in the United
States of America. Medtopia and MD Technologies make no claims that the
Contents are appropriate outside of the United States. Access to the Content
may not be legal by certain persons or in certain countries. If you access the
Medtopia and MD Technologies Site from outside the United States, you do so at
your own risk and are responsible for compliance with the laws of your country.
INDEMNITY
You agree to defend, indemnify, and hold Medtopia and MD Technologies, its
officers, directors, employees, agents, licensers, and suppliers, harmless from
and against any claims, actions or demands, liabilities and settlements
including without limitation, reasonable legal and associated costs, resulting
from, or alleged to result from, your violation of these Conditions of Use.
JURISDICTION AND CHOICE OF LAW
You expressly agree that exclusive jurisdiction for any dispute with Medtopia
and MD Technologies, or in any way relating to your use of the Medtopia and MD
Technologies Site, resides in the courts of the State of Louisiana and you
further agree and expressly consent to the exercise of personal jurisdiction in
the courts of the State of Louisiana in connection with any such dispute
including any claim involving Medtopia and MD Technologies or its affiliates,
subsidiaries, employees, contractors, officers, directors, telecommunication
providers, and content providers.
These Terms and Conditions are governed by the internal substantive laws of the
State of Louisiana, without respect to its conflict of law principles. If any
provision of these Conditions of Use 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 Conditions of Use, which shall
remain in full force and effect. No waiver of any of these Conditions of Use
shall be deemed a further or continuing waiver of such Condition or any other
terms or condition.
COMPLETE AGREEMENT
Except as expressly provided in a particular "legal notice" on the Medtopia and
MD Technologies Site, these Terms and Conditions constitute our entire
agreement with respect to the use of the Medtopia and MD Technologies Site, and
Contents. Your use of the Medtopia and MD Technologies Site is also subject to
the Medtopia and MD Technologies Privacy Policy.
Thank you for your patronage. Questions or comments regarding this site should
be directed to info@mdtechnologies.com or by U.S. mail to MD Technologies Inc.,
620 Florida Street, Suite 200, Baton Rouge La. 70801.
Copyright © 2004 MDTechnologies Inc. - All Rights Reserved
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