Your use of OpenMD.com (the “Site”) is governed by this legal agreement. Please review the following terms carefully. If you do not agree to these terms, you should not use this site. The terms “we” or “our” refer to Infoset LLC of New York, the owner of OpenMD.com. The term “you” refers to the user or viewer of this site.
Important notice regarding the use of medical information.
The content on this site is not a substitute for professional medical advice or diagnosis. Always seek the advice of your doctor or health provider for any questions you have regarding a medical condition. In the case of a medical emergency, contact your local emergency service provider (dial 911 in the U.S.) for immediate medical assistance. You are specifically cautioned against using information found on this site to diagnose a medical condition or initiate or modify medical treatment. Nothing on this site represents that any specific medical product or treatment is safe or appropriate for you.
1. Acceptance of Agreement
The content, organization, graphics, design, compilation, and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. Some of the content on the site is the copyrighted work of third parties. You do not acquire ownership rights to any content, document or other materials viewed through the Site.
3. Service Marks
OpenMD.com, its service marks, and logos are property of Infoset. Other product and company names mentioned on the Site are trademarks of their respective owners. Nothing in this Agreement gives the right to use any trademark, service marks, or logos of any mark owner.
4. Limited License; Permitted Uses
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with this Agreement.
5. Restrictions and Prohibitions on Use
6. Errors, Corrections and Changes
OpenMD does not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or links appearing on the Site.
7. Third Party Content
Third party content regularly appears on the Site and is made accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, obscenity, or profanity in the statements, opinions, representations or any other form of third party content on the Site.
You agree to indemnify, defend and hold Infoset and our partners, agents, officers, directors, employees, subcontractors, advertisers, and third party suppliers of information and documents, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, PERSONAL INJURY, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES IS DISCLAIMED. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
10. Limitation of Liability
We shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Site or any services or products obtained through the Site, (b) the unavailability or interruption of the Site or any features thereof, (c) your use of the Site, (d) the content contained on the Site, or (e) any delay or failure in performance beyond the control of a Covered Party.
11. Links to other Web Sites
The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express on such Web sites. Inclusion of any linked Web site on our Site does not imply endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
12. Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.
In the event of an acquisition, sale or merger, this Agreement and all incorporated agreements and your information may be automatically assigned by Infoset in our sole discretion to a third party. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.