Terms and Conditions of Use
IF YOU DISAGREE WITH ANY OF THESE TERMS OR CONDITIONS AND/OR OTHER PROVISIONS OF THIS AGREEMENT AND DON’T WISH TO BE CONTRACTUALLY BOUND BY THEM, DO NOT USE THIS WEBSITE. IF YOU CONTINUE TO USE AND BROWSE THIS WEBSITE, YOU ARE AGREEING TO COMPLY WITH AND BE CONTRACTUALLY AND OTHERWISE LEGALLY BOUND BY THIS AGREEMENT.
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT THE AUTHOR’S AND MEDSMART MEMBERS’ LIABILITY TO YOU AND OTHERS. PLEASE READ THIS AGREEMENT CAREFULLY AND IN ITS ENTIRETY.
BY ACCESSING, USING AND/OR BROWSING THE SITE , YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT, THAT ITS PROVISIONS, DISCLAIMERS AND DISCLOSURES ARE FAIR AND REASONABLE, AND THAT YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THIS AGREEMENT IS VOLUNTARY AND IS NOT THE RESULT OF DURESS, FRAUD, OR UNDUE INFLUENCE EXERCISED UPON YOU BY ANY PERSON OR ENTITY. YOU ALSO HEREBY AFFIRM THAT YOU ARE OF LEGAL AGE OF CONSENT, ARE OF SOUND MIND AND FULLY COMPETENT TO ACCEPT FULL AND SOLE RESPONSIBILITY FOR YOUR USE OF THIS SITE, AND DO HEREBY DO SO FOR YOUR PERSONAL, NON-COMMERCIAL USE ONLY AND NOT THAT OF ANY THIRD PARTIES.
1. Parties. The parties to this Agreement are you, a visitor to this website (“You”, “you” or “YOU” and as further defined below), and MedSmart Members LLC, a Massachusetts Limited Liability Company (“MedSmart Members”) and the owner and operator of this website and the information, opinions, products and services offered, supplied, or otherwise accessed via this website and/or any and all websites and/or publications, products, or services owned, licensed, published, operated, or otherwise offered by MeSmart Members, including any mobile optimized versions of this or any other websites owned, licensed, and/or operated by MedSmart Members (collectively, “Site”). All references to “MedSmart Members”, “us”, “we”, “our”, “this web site”, “this site”, or “Site” shall be construed to mean MedSmart Members and medsmartmembers.com, ourhealthcaresucks.com, any and all websites owned and operated by MedSmart Members, including any modified or optimized for mobile access or use, and shall include for this Agreement the Author, John A. Lynch, and all other MedSmart Members employees, contractors, agents, or others acting on its behalf. In this Agreement, “You” and “Your” and all variations thereof refer to each user or viewer of the Site and, in the case of mobile optimized versions of the Site, the subscriber of a participating mobile communications carrier on whose behalf You are entering into this Agreement. If You as the user are not an individual, then “You”, “you”, “YOU”, “Your”, “your” and “YOUR” mean Your company, its officers, employees, members, agents, successors and assigns.
2. License. MedSmart Members grants a non-exclusive, non-transferable, and revocable license to You and provides the products and services available via this Site to You subject to the following terms and conditions of use. You understand and agree that Your use of our Site is limited to personal, non-commercial use and non-exclusive as a nontransferable revocable licensee.We may terminate Your license to use our Site, and access to our Site, at any time, for any reason, and without giving You notice.
3. Professional Advice Disclaimer. MedSmart Members provides the Site and the services, information, opinions, content and/or data (collectively, “Information”) contained therein for informational purposes only. MedSmart Members does not provide any medical advice on the Site or otherwise, nor does it employ or otherwise engage others to do so, and the Information should not be so construed, used, or otherwise relied upon. Using, accessing, and/or browsing the Site and/or providing personal or medical information to MedSmart Members does not create a physician-patient relationship between you and MedSmart Members. Nothing contained in the Site is intended to, nor does it serve to, create a physician-patient relationship, to replace the services of a licensed, trained physician or health professional or to be a substitute for medical advice of a physician or trained health professional licensed in your state , country, or other legal jurisdiction. You should not rely on anything contained in the Site, and you should consult a physician licensed in your state, country, or other legal jurisdiction in all matters relating to your health and/or health care. You hereby agree that you shall not make any health or medical related decision based in whole or in part on anything, including but not limited to the Information, contained in the Site.
You hereby further acknowledge that nothing contained in the Site shall constitute financial, investment, insurance, legal and/or other professional advice and that no professional relationship of any kind is created between you and MedSmart Members. You hereby agree that you shall not make any financial, investment, insurance, legal and/or other decision based in whole or in part on anything contained in the Site and that you hereby indemnify MedSmart Members from any and all liability of any kind for any actual or alleged damages, direct or indirect, financial or otherwise, that may result from such decisions, failure to make such decisions, and/or from any other use of, or reliance upon, whether directly or indirectly, the Site.
4. Entire Agreement. This Agreement constitutes Your entire agreement with us regarding Your use of our Site. This Agreement will be expressly incorporated by reference in every agreement between You and MedSmart Members and, except for any separate license agreements, this Agreement supersedes any and all prior and existing agreements, whether oral or in writing, between You and MedSmart Members regarding the subjects addressed herein and constitutes the entire agreement between the parties regarding those subjects. Except for any separate license agreements, You acknowledge that neither MedSmart Members nor anyone on MedSmart Members’ behalf has made any promises, inducements, representations, or agreements, orally or otherwise, to You regarding or relating to the subjects addressed by this Agreement that are not embodied herein.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the Information and other content and materials found or offered on this Site for any particular purpose. You acknowledge that such Information, content, and materials may contain inaccuracies , errors, or opinions and we expressly exclude liability for any such inaccuracies, errors, or opinions to the fullest extent permitted by law.
- The Information and other content, including pages and posts, of this Site is for your general information and personal, non-commercial use only. It is subject to change without notice at our sole discretion.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of this Agreement.
- All trademarks reproduced on this Site that are not the property of, or licensed to us, are acknowledged on the Site to the best of our knowledge.
- Your use of any Information, content or other materials on this Site is entirely at your own risk, for which we shall not be liable. It shall be your sole responsibility to ensure that any products, services or Information available at or through this Site meet your specific requirements.
- From time to time, this Site may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse such website(s) or other resources referenced or linked to from this Site even if they are labelled as “recommended” or otherwise recommended for your consideration.. We have no responsibility or liability for the content of the linked website(s).
- Your use of this Site and/or any dispute arising out of such use of the Site is subject to the laws of the Commonwealth of Massachusetts and the United States of America and to the Arbitration requirements outlined herein.
- Unauthorized use of this Site may give rise to a claim for damages and/or be a criminal offense.
6. Prohibited Conduct. You agree (i) not to use this Site to collect, compile, aggregate, or harvest personal information, including, without limitation, financial information, about other participants at this Site; (ii) not to interfere, disrupt, or otherwise compromise this Site or any networks connected to this Site; (iii) not to take or encourage any action that imposes an unreasonable or disproportionately large bandwidth load on, or otherwise hinders public access to, MedSmart Members’ infrastructure; (iv) not to use any device, software or routine or attempt to interfere with the proper functioning of this Site or any transactions being offered at or through this Site; (v) not to use this Site to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; (vi) not to impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation or association with a person, company, or other entity; (vii) not to initiate, support, participate in , or otherwise encourage or promote any activity, whether by legal action or otherwise, that would interfere with MedSmart Members’ right of free speech, right of petition under the Constitution of the United States or of the Commonwealth of Massachusetts, and/or any other constitutionally protected rights; and (viii) not to violate any law or regulation in using this Site. You agree not to use the services, products, or downloads available at this site for illegal or unethical purposes and to comply with all regulations, policies and procedures of networks connected to this site. You further agree, either directly and/or indirectly via any organization , association or other entity, not to retain, fund or financially support, authorize, or otherwise encourage others to engage in any Prohibited Conduct. All content on our Site is owned by us or our content suppliers. All property rights, including intellectual property rights, for this content are hereby claimed by ourselves and/or our content suppliers and You are not allowed to infringe upon those rights. We will prosecute to the fullest extent of the law anyone who attempts to steal our property. Except as otherwise stipulated in this Agreement, You agree not to copy, duplicate, or otherwise use content from our Site without our permission except as permitted under applicable copyright law or explicitly encouraged for limited sharing in individual posts and pages on the Site. Any requests to use our content should be submitted to us by e-mail at firstname.lastname@example.org.
7. Compliance with Laws. You shall comply with all applicable laws and regulations of the Commonwealth of Massachusetts, the United States of America and foreign authorities (including, but not limited to, United States copyright, trademark, and service mark laws, trade restriction laws, and laws regarding the transmission of technical data, including without limitation encryption exported from the United States through the services available at this Site) relating to any service, product, download or other Information associated with this Site.
8. Separate License Agreement(s). You may acquire Information and other content from MedSmart Members by download from this Site, or otherwise directly from MedSmart Members, subject to separate license agreements. You agree that Your use of such Information and/or other content shall be strictly in accordance with the applicable license agreement(s). If no such separate license agreement applies, You agree that such acquired Information and/or content is subject to the limited license terms of this Agreement.
9. No Minors. We do not sell products or services to minors. You must be eighteen (18) years or older to access this Site. If You are under the age of 18, You may not access this Site for any reason. Because of this age restriction for using this Site, no information obtained by this Site is is subject to the Children’s Online privacy protection Act (COPPA) and is not monitored for this purpose. If You are a minor, please do not provide us or other Site visitors or users with any personal information.
12. Postings To This Site.
12.1 Postings To Blog or Forums. We will not treat information that You post to any blogs, forums or in other formats on this Site as proprietary, private, or confidential. We have no obligation to monitor posts to this site or to exercise any editorial control over such posts; however, we reserve the right to review such posts and to remove any material that, in our judgment, is not appropriate. Posting, transmitting, promoting, using, distributing or storing content that could subject us to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited, including without limitation information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that is obscene, defamatory, constitutes a threat, or violates export control or other laws.
Subject to the more detailed provisions of Section 14, You furthermore agree to grant to MedSmart Members a license to the copyright, trademark or service mark rights You have in any information or other content You post on our Site.
12.2. Obscene and Offensive Content. We are not responsible for any obscene or offensive content that You receive or view from others while using our Site. However, if You do receive or view such content, please contact us by e-mail to email@example.com so that we can investigate the matter. Although we are not obligated to do so, we reserve the right to monitor, investigate, and remove obscene or offensive material posted to our web site.
12.3 Defamation; Communications Decency Act Notice. This site is a provider of “interactive computer services” under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein. We are not responsible for content or any other information posted to this site by third parties. We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including but not limited to any responsibility or liability for investigating or verifying the accuracy, legitimacy, truthfulness, objectivity, fairness, or any other attribute of any content or any other information contained in such postings.
12.4 Copyright Infringement; The Digital Millennium Copyright Act Notice. This site is an Internet “service provider” under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”). As Required by the DMCA, this site maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this site. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):
Notification of Claimed Infringement:
MedSmart Members LLC
P.O. Box 2102
Framingham, MA 01703
Agent’s Name/Email Address: John Lynch, firstname.lastname@example.org
Telephone: (800) -277-6514
You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed. In notifying us of alleged copyright infringement, the DMCA requires that You include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for You, including Your address, telephone number and/or e-mail address; (iv) a statement by You that You have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by You, signed under penalty of perjury, that the information in the notification is accurate and that You have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of Your complaint.
13. Copyrights. The copyright in all material provided on this Site is owned by MedSmart Members or by MedSmart Members’ licensor(s). You acknowledge and agree that this Site contains proprietary information that is protected by applicable U.S,. and international copyright and trademark laws. You further acknowledge and agree that information presented to You through this Site, including text, graphics, logos, icons, images and software, and the arrangement and compilation of such content, are the property of MedSmart Members or its content suppliers and is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. MedSmart Members does not grant any license or authorization to any user of its copyrightable material or other intellectual property, by placing them on this Site or otherwise sharing or distributing them for public or private consumption.
Any error, omission, inaccuracy or other failure to properly acknowledge third party copyright is unintentional and all such copyrighted material that may be cited on the Site is believed to be in accordance with Fair Use and other permitted uses under applicable copyright law.
Except for select blog posts or other select content you are explicitly encouraged to share, but not modify, with others on a limited basis by the posting of “Share” or similar online sharing or syndication software tools provided to You by MedSmart Members, YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE INFORMATION OR OTHER MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE IN ANY FORM OR BY ANY MEANS, INCLUDING BUT NOT LIMITED TO, ELECTRONIC, MECHANICAL, PHOTOCOPYING, RECORDING, OR OTHERWISE WITHOUT THE EXPRESS AND PRIOR WRITTEN PERMISSION OF MEDSMART MEMBERS OR THE COPYRIGHT OWNER. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. This permission does not give You any ownership rights in the information and terminates automatically if You breach any of these terms, conditions, or other provisions of this Agreement. If You make any other use of this Site, except as otherwise provided herein, You may violate copyright and other laws of the United States,and/or other countries, as well as applicable state laws, and may be subject to penalties.
You agree to grant to MedSmart Members a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public or private areas of the Site (including but not limited to blog post comments, group comments, bulletin boards, forums and newsgroups) or by e-mail or other communications to MedSmart Members by all means and in any media now known or hereafter developed (“Your Submissions”). You also grant to MedSmart Members the right to use your name in connection with Your Submissions and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against MedSmart Members for any alleged or actual infringement or misappropriation of any proprietary right in Your Submissions and/or your other communications to and with MedSmart Members. You further agree to indemnify and hold harmless Medsmart Members for any alleged or actual copyright or other intellectual property right infringement contained in, or otherwise caused by, Your Submissions, including attorneys’ fees and all other costs of defense against Your and/or third party claims related to Your Submissions to the fullest extent allowed by law.
14. Trademarks. The trademarks, service marks, and logos (the “Trademarks”) used and displayed on this site are registered and/or unregistered Trademarks of MedSmart Members and/or others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site, without the written permission of the Trademark owner. MedSmart Members reserves the right to aggressively enforce its intellectual property rights to the fullest extent of the law. The Trademark(s) may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission. MedSmart Members prohibits use of any of the forgoing names or marks as a metatag or as a “hot” link to any Site unless establishment of such a link is approved in advance by MedSmart Members in writing. If You have any questions regarding any trademarks on the Site, please contact MedSmart Members.
Any error, omission, inaccuracy or other failure to properly acknowledge third party copyright is unintentional and all such protected material that may be cited on the Site is believed to be in accordance with permitted uses under applicable trademark and/or service mark law.
15.1 Links to This Site. We grant to You a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this site so long as the link does not portray us or our products or services in a false, misleading, derogatory, or offensive matter. You may not use our logo, our trademark, or our name or trademarks, or other proprietary or licensed graphic image in the link without our prior written permission.
16. Participation In Promotions Of Advertisers. You may enter into correspondence with or participate in promotions of advertisers promoting their products or services on this site (“Advertisers”). You acknowledge and agree that any such correspondence or participation, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between You and Advertiser. MedSmart Members shall have no liability, obligation or responsibility whatsoever arising out of or in connection with any such correspondence or participation or transactions.
17. Monitoring. You acknowledge that MedSmart Members or its designees reserves the right to, and may from time to time and on a routine basis, monitor any and all activity or information transmitted or received through this site. MedSmart Members, in its sole discretion and without further notice to You, may (but is not obligated to) review, censor or prohibit any activity or the transmission or receipt of any Information which MedSmart Members, in its sole discretion, deems inappropriate or that violates any term or condition of this Agreement. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. Use of this site, authorized or unauthorized, constitutes consent to such monitoring. Unauthorized uses and unauthorized users of this site will be prosecuted to the full extent of the law.
18. NO WARRANTIES. THIS SITE AND ALL INFORMATION CONTAINED ON THIS SITE, AND EXCEPT TO THE EXTENT EXPRESSLY PROVIDED IN A LICENSE AGREEMENT FOR SOFTWARE OR CONTENT, ALL GOODS AND SERVICES OBTAINED THROUGH THIS SITE, ARE PROVIDED ON AN “AS IS” BASIS FROM MEDSMART MEMBERS AND ITS INFORMATION PROVIDERS, MEDSMART MEMBERS AND ITS AFFILIATES AND CONTENT PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO THIS AGREEMENT, THE PERFORMANCE UNDER THIS AGREEMENT, THE SERVICES AVAILABLE ON THIS SITE, THE OPERATION OF THE SOFTWARE AVAILABLE ON THIS SITE, THE TRANSACTIONS PERFORMED ON THIS SITE, OR THE INFORMATION, CONTENT, MATERIALS AND/OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EACH OF MEDSMART MEMBERS AND MEDSMART MEMBERS’ AFFILIATES AND CONTENT PROVIDERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NON-INFRINGMENT. YOU ACKNOWLEDGE THAT NEITHER THIS SITE NOR MEDSMART MEMBERS NOR JOHN A. LYNCH ARE ENGAGED IN PROVIDING PROFESSIONAL MEDICAL SERVICES OR MEDICAL ADVICE, AND THAT IT IS YOUR RESPONSIBILITY TO SEEK COMPETENT MEDICAL PROFESSIONALS TO ADVISE YOU REGARDING THE APPLICABILITY OF ANY INFORMATION OR OTHER CONTENT AVAILABLE ON THIS SITE TO SPECIFIC FACTUAL SITUATIONS. NO DOCTOR-PATIENT RELATIONSHIP IS INTENDED OR CREATED THROUGH YOUR USE OF THIS SITE, ANY SERVICES OFFERED ON OR THROUGH THIS SITE, OR THE INFORMATION OR CONTENT. YOU ASSUME THE ENTIRE RISK OF SELECTION AND USE OF THE INFORMATION, CONTENT AND SERVICES AVAILABLE AT THIS SITE. WITHOUT LIMITING THE FOREGOING, NONE OF MEDSMART MEMBERS NOR MEDSMART MEMBERS’ AFFILIATES OR CONTENT PROVIDERS MAKES ANY WARRANTY THAT (i) THE GOODS OR SERVICES OFFERED ON THIS SITE WILL MEET YOUR REQUIREMENTS, (ii) THE GOODS OR SERVICES OFFERED ON THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE GOODS OR SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE CONTENT OR INFORMATION AVAILABLE ON THIS SITE IS COMPLETE, ACCURATE, OR AVAILABLE, OR (v) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MEDSMART MEMBERS OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
19. LIMITED LIABILITY. MEDSMART MEMBERS AND ALL OF MEDSMART MEMBERS’ AFFILIATES AND CONTENT PROVIDERS AND THEIR RESPECTIVE SHAREHOLDERS AND AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSS OF BUSINESS, LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, LOST PROFITS OR GOODWILL, OR OTHER INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THIS AGREEMENT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS AND WHETHER OR NOT THEY HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST YOU. 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 INFORMATION, GOODS OR SERVICES PROVIDED ON THIS SITE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. YOU FURTHER AGREE IF YOU BECOME ENTITLED TO ANY RECOVERY, THAT YOUR RECOVERY SHALL BE LIMITED TO THE AMOUNT OF FEES OR PAYMENTS MADE BY YOU TO MEDSMART MEMBERS, IF ANY, FOR THE INFORMATION, SERVICE, SOFTWARE OR CONTENT AT ISSUE.
20. Indemnity. You shall defend, indemnify, and hold harmless MedSmart Members and its content providers and their respective shareholders, affiliates, employees, agents, successors, officers, and assigns, from any suits, losses, claims, demands, liabilities, costs and/or expenses (including, but not limited to, attorney and/or accounting fees and court costs) that they may sustain or incur arising from Your failure to have any information, content or services discussed or recommended on or by this Site reviewed by Your physician acting within a doctor-patient relationship or by the physician of any third party whose claim of action arises from Your use of the Site. You further understand and agree that You will indemnify, defend and hold us and our affiliates harmless from any liability, loss, claim and expense, including, but not limited to, reasonable attorney and/or accounting fees and court costs, arising from Your use of or reliance on our Site or Your violation of these terms and conditions.
21. Beneficiaries of this Agreement; No Other Agreements. The rights and limitations in this Agreement are for the benefit of MedSmart Members and each of MedSmart Members’ content providers, each of which shall have the right to enforce its rights hereunder directly and on its own behalf.
22. Termination. You agree that MedSmart Members may, at its sole discretion, deny You access to the site and disable any user name and password associated with You for any reason, including, without limitation, if MedSmart Members believes that You have violated or acted inconsistently with the letter or spirit of this Agreement. MedSmart Members reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services offered via this site (or any part thereof) with or without notice. You agree that MedSmart Members shall not be liable to You or to any third party for any modification, suspension or discontinuance of the services offered via this site. We may terminate this Agreement for any reason and at any time without notice to You.
23. Modifications. This Agreement may be changed from time to time in MedSmart members’ sole discretion. If such changes are made, they will be effective immediately, and we will notify You by a notice posted on our web site’s home page of the changes that have been made. If You disagree with the changes that have been made, You should not use our web site. By doing so, you consent to such modifications to this Agreement.
24. Registering Concerns. If You have any concerns about this Agreement, You should read it each time before You use our web site. Any questions or concerns should be brought to our attention by sending an e-mail to email@example.com, and providing us with information relating to Your concern. We make no assurances that we’ll be able to accommodate Your concerns and Your continuing use of this web site represents Your continuing consent to be bound by this Agreement notwithstanding whatever concerns You may have.
25. Consumer Rights. MedSmart Members maintains specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies. You may contact MedSmart Members with complaints and inquiries regarding pricing and MedSmart Members will investigate those matters and respond to the inquiries. All correspondence should be addressed to MedSmart Members’ agent for notice at the following address:
Notification of Consumer Rights Complaint or Pricing Inquiry:
MedSmart Members LLC
P.O. Box 2102
Framingham, MA 01703
Contact/Email Address: John Lynch – email: firstname.lastname@example.org
Telephone: (800) -277-6514
26. Controlling Law. This Agreement shall be construed under the laws of the Commonwealth of Massachusetts, USA, excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
27. Jurisdiction And Venue. You and MedSmart Members agree to submit to the exclusive personal jurisdiction of the courts of Middlesex County in the Commonwealth of Massachusetts, USA in all legal proceedings that are that are not arbitrated under this Agreement. and that Massachusetts law shall apply in resolving any disputes that may arise under this Agreement. You and MedSmart Members further agree to submit any dispute that is properly the subject for federal court review in the United States to the exclusive jurisdiction of the Ninth Circuit.
28. Severability of This Agreement. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, that part shall be limited or eliminated to the minimum extent necessary so that the remainder of this Agreement is fully enforceable and legally binding
29. Arbitration. Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association (“AAA”) then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in Boston, Massachusetts, and may be conducted by telephone or online. The arbitrator shall apply the laws of the Commonwealth of Massachusetts, USA to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitration Awards. Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs to the maximum extent permitted by applicable law.
30. Contact Information. Any questions or concerns about this Agreement should be brought to our attention by e-mail to email@example.com, and providing us with all relevant information relating to Your concern.
You may also mail Your concerns to us at the following address:
MedSmart Members LLC
P.O. Box 2102
Framingham, MA 01703
This Terms and Conditions of Use was last updated on 2/23/2015.