|Acceptance Of Terms|| |
Welcome to The-Medical-Market.com. The-Medical-Market.com provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you.
|Your Registration Obligations|| |
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or The-Medical-Market.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, The-Medical-Market.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Registration Data and certain other information about you are subject
|Member Account, Password and Security|| |
You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify The-Medical-Market.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit (Logout) from your account at the end of each session. The-Medical-Market.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
|Member Conduct|| |
You understand that all information or other materials ("Content"),
whether publicly posted or privately transmitted, are the sole responsibility
of the person from which such Content originated. This means that you, and
not The-Medical-Market.com, are entirely responsible for all Content that you upload,
post, email, transmit or otherwise make available via the Service.
The-Medical-Market.com does not control the Content posted via the Service and, as such,
does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Service, you may be exposed to Content that
is offensive, indecent or objectionable. Under no circumstances will
The-Medical-Market.com be liable in any way for any Content, including, but not limited
to, for 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,
transmitted or otherwise made available via the Service.
You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any Content
that is unlawful, harmful, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libelous, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to,
a The-Medical-Market.com official, forum leader, guide or host, or falsely state or
otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any Content
that you do not have a right to make available under any law or under
contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed as part
of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content
that infringes any patent, trademark, trade secret, copyright or other
proprietary rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any
unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters," "pyramid schemes," or any other
form of solicitation, except in those areas (such as shopping rooms)
that are designated for such purpose;
h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
k. intentionally or unintentionally violate any applicable local, state,
national or international law.
l. "stalk" or otherwise harass another; or
m. collect or store personal data about other users.
You acknowledge that The-Medical-Market.com does not pre-screen Content, but that
The-Medical-Market.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, The-Medical-Market.com and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including
any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by The-Medical-Market.com or submitted to The-Medical-Market.com, including without limitation information in The-Medical-Market.com Message Boards and in all other parts of the Service.
You acknowledge and agree that The-Medical-Market.com 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) comply with legal process; (b) enforce the TOS; (c) respond
to claims that any Content violates the rights of third-parties; or (d)
protect the rights, property, or personal safety of The-Medical-Market.com, its users and the public.
You understand that the technical processing and transmission of the
Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
|Special Admonitions for International Use|| |
Recognizing the global nature of the Internet, you agree to comply with
all local rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws regarding
the transmission of technical data exported from or to the country in
which you reside.
|Content Submitted or Made Available|| |
The-Medical-Market.com does not claim ownership of Content you submit or make
available for inclusion on the Service. However, with respect to
Content you submit or make available for inclusion on publicly
accessible areas of the Service, you grant The-Medical-Market.com the following
world-wide, royalty free and non-exclusive license(s), as applicable:
With respect to Content you submit or make available for inclusion
on publicly accessible areas of The-Medical-Market.com the license to use,
distribute, reproduce, modify, adapt, publicly perform and publicly
display such Content on the Service to which such Content was submitted
or made available. This license exists only for as long as you elect
to continue to include such Content on the Service and will terminate
at the time you remove or The-Medical-Market.com removes such Content from the Service.
With respect to photos, graphics, audio or video you submit or make
available for inclusion on publicly accessible area of the Service
the license to use, distribute, reproduce, modify, adapt, publicly
perform and publicly display such Content on the Service solely for
the purpose for which such Content was submitted or made available.
This license exists only for as long as you elect to continue to
include such Content on the Service and will terminate at the time you
remove or The-Medical-Market.com removes such Content from the Service.
With respect to Content other than photos, graphics, audio or video
you submit or make available for inclusion on publicly accessible
areas of the Service the perpetual, irrevocable and fully sub licensable
license to use, distribute, reproduce, modify, adapt, publish,
translate, publicly perform and publicly display such Content
(in whole or in part) and to incorporate such Content into other
works in any format or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas of
The-Medical-Market.com network of properties that are intended by The-Medical-Market.com
to be available to the general public.
You agree to indemnify and hold The-Medical-Market.com, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners,
and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to
or arising out of Content you submit, post, transmit or make
available through the Service, your use of the Service,
your connection to the Service, your violation of the TOS,
or your violation of any rights of another.
|No Resale of Service|| |
You agree not to reproduce, duplicate, copy, sell, resell or
exploit for any commercial purposes, any portion of the Service,
use of the Service, or access to the Service.
|General Practices Regarding Use and Storage|| |
You acknowledge that The-Medical-Market.com may establish general practices and
limits concerning use of the Service, including without limitation
the maximum number of days that forum postings or other uploaded Content
will be retained by the Service, the maximum size of any forum posting
and the maximum number of times (and the maximum duration for which)
you may access the Service in a given period of time. You agree
that The-Medical-Market.com has no responsibility or liability for the deletion or
failure to store any messages and other communications or other
Content maintained or transmitted by the Service. You acknowledge
that The-Medical-Market.com reserves the right to log off accounts that are
inactive for any period of time. You further acknowledge that The-Medical-Market.com
reserves the right to change these general practices and limits at
any time, in its sole discretion, with or without notice.
|Modifications to Service|| |
The-Medical-Market.com reserves the right at any time and from time to time
to modify or discontinue, temporarily or permanently, the
Service (or any part thereof) with or without notice. You
agree that The-Medical-Market.com shall not be liable to you or to any third
party for any modification, suspension or discontinuance of
You agree that The-Medical-Market.com may, under certain circumstances and without
prior notice, immediately terminate your The-Medical-Market.com account and
access to the Service. Cause for such termination shall include,
but not be limited to, (a) breaches or violations of the TOS or
other incorporated agreements or guidelines, (b) requests by
law enforcement or other government agencies, (c) a request
by you (self-initiated account deletions), (d) discontinuance
or material modification to the Service (or any part thereof),
(e) unexpected technical issues or problems, and (f) extended
periods of inactivity. Termination of your The-Medical-Market.com account
includes (a) removal of access to all offerings within the
Service, including but not limited to The-Medical-Market.com Forum, Job and
Market, (b) deletion of your password and all related
information, files and content associated with or inside your
account (or any part thereof), and (c) barring further use
of the Service. Further, you agree that all terminations
for cause shall be made in The-Medical-Market.com's sole discretion and
that The-Medical-Market.com shall not be liable to you or any third-party
for any termination of your account, any associated email
address, or access to the Service.
|Dealings with Advertisers|| |
Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Service,
including payment and delivery of related goods or services,
and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such
advertiser. You agree that The-Medical-Market.com shall not be responsible or
liable for any loss or damage of any sort incurred as the result
of any such dealings or as the result of the presence of such
advertisers on the Service.
The Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because The-Medical-Market.com has no control over
such sites and resources, you acknowledge and agree that The-Medical-Market.com is
not responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or liable
for any Content, advertising, products, or other materials on or
available from such sites or resources. You further acknowledge and
agree that The-Medical-Market.com shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any such Content,
goods or services available on or through any such site or resource.
|The-Medical-Market.com's Proprietary Rights|| |
You acknowledge and agree that the Service and any necessary software
used in connection with the Service ("Software") contain proprietary
and confidential information that is protected by applicable
intellectual property and other laws. You further acknowledge and agree
that Content contained in sponsor advertisements or copyrights,
trademarks, service marks, patents or other proprietary rights and
laws protect information presented to you through the Service or
advertisers. Except as expressly authorized by The-Medical-Market.com or
advertisers, you agree not to modify, rent, lease, loan, sell,
distribute or create derivative works based on the Service or the
Software, in whole or in part.
The-Medical-Market.com grants you a personal, non-transferable and non-exclusive
right and license to use the object code of its Software on a single
computer; provided that you do not (and do not allow any third party
to) copy, modify, create a derivative work of, reverse engineer,
reverse assemble or otherwise attempt to discover any source code,
sell, assign, sublicense, grant a security interest in or otherwise
transfer any right in the Software. You agree not to modify the
Software in any manner or form, or to use modified versions of the
Software, including (without limitation) for the purpose of obtaining
unauthorized access to the Service. You agree not to access the
Service by any means other than through the interface that is
provided by The-Medical-Market.com for use in accessing the Service.
|Disclaimer of Warranties|| |
You expressly understand and agree that:
a. Your use of the service is at your sole risk. The service is
provided on an "as is" and "as available" basis. The-Medical-Market.com
expressly disclaims all warranties of any kind, whether express
or implied, including, but not limited to the implied warranties
of merchantability, fitness for a particular purpose and non-
b. The-Medical-Market.com makes no warranty that
(i) the service will meet your requirements,
(ii) the service will be uninterrupted, timely, secure, or
(iii) the results that may be obtained from the use of the service
will be accurate or reliable,
(iv) the quality of any products, services, information, or
other material purchased or obtained by you through the service
will meet your expectations, and
(v) any errors in the software will be corrected.
c. Any material downloaded or otherwise obtained through the use
of the service is done at your own discretion and risk and that
you will be solely responsible for any damage to your computer
system or loss of data that results from the download of any
d. No advice or information, whether oral or written, obtained
by you from The-Medical-Market.com or through or from the service shall create
any warranty not expressly stated in the TOS.
|Limitation of Liability|| |
You expressly understand and agree that The-Medical-Market.com shall not be liable for
any direct, indirect, incidental, special, consequential or exemplary
damages, including but not limited to, damages for loss of profits,
goodwill, use, data or other intangible losses (even if The-Medical-Market.com has been
advised of the possibility of such damages), resulting from:
(i) the use or the inability to use the service;
(ii) the cost of procurement of substitute goods and services resulting
from any goods, data, information or services purchased or obtained
or messages received or transactions entered into through or from the
(iii) unauthorized access to or alteration of your transmissions or
(iv) statements or conduct of any third party on the service; or
(v) any other matter relating to the service.
|Trademark Information|| |
The-Medical-Market.com, the The-Medical-Market.com logo,
the The-Medical-Market.com design and other The-Medical-Market.com logos and product and service
names are trademarks of The-Medical-Market.com (the "The-Medical-Market.com Marks"). Without
The-Medical-Market.com's prior permission, you agree not to display or use in any
manner, the The-Medical-Market.com Marks.
The-Medical-Market.com respects the intellectual property of others, and we ask our
users to do the same. If you believe that your work has been copied in
a way that constitutes copyright infringement, or your intellectual
property rights have been otherwise violated, please provide
The-Medical-Market.com the following information:
an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright or other intellectual property
a description of the copyrighted work or other intellectual property
that you claim has been infringed;
a description of where the material that you claim is infringing is
located on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright
or intellectual property owner or authorized to act on the copyright
or intellectual property owner's behalf.
Please contact us.
|General Information|| |
The TOS constitute the entire agreement between you and The-Medical-Market.com and
govern your use of the Service, ceding any prior agreements between
you and The-Medical-Market.com. You also may be subject to additional terms and
conditions that may apply when you use affiliate services,
third-party content or third-party software. The failure of The-Medical-Market.com
to exercise or enforce any right or provision of the TOS shall not
constitute a waiver of such right or provision. If any provision of
the TOS is found by a court of competent jurisdiction to be invalid,
the parties nevertheless agree that the court should endeavor to
give effect to the parties' intentions as reflected in the provision,
and the other provisions of the TOS remain in full force and effect.
You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of the
Service or the TOS must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have
no legal or contractual effect.