TERMS AND CONDITIONS OF USE

FOR MEDSort_drugs SOFTWARE, WEBSITE AND SERVICES

 

 

 

            These Terms of Use and Service (“Terms and Conditions”) shall apply exclusively to all of our online members (“Members”), including, but not limited to, those individuals who download our software and those subscribing to a drugs.medsort.com (“MEDSort”) online account.  All materials found on drugs.medsort.com (the “Website”) have been made available by Medsort Solutions, LLC, a California limited liability company (the “LLC”) through a licensing agreement from MedSort Databank, LLC (“Databank”), and may not be reproduced or disseminated without the prior written consent of the LLC.

 

            If you violate any provision(s) of these Terms and Conditions, MEDSort shall have the authority, in its sole and absolute discretion, to terminate your access to the Website which may include termination of your subscription to the Website.  These actions are in addition to any other right or remedy available to MEDSort and/or the LLC in equity or at law. MEDSort and the LLC shall not be liable to you or any third party for any such discontinued termination of services available on the Website.

 

YOUR USE OF AND/OR SUBSCRIPTION FOR WEBSITE SERVICES OFFERED BY MEDSORT AND THE LLC INDICATES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS STATED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE WEBSITE OR ITS OFFERED SERVICES. BY JOINING, USING, OR DOWNLOADING ANY MATERIALS FROM THE WEBSITE, YOU HEREBY AGREE TO EXECUTE AND BE BOUND BY THESE TERMS AND CONDITIONS.

 

IF YOU DO NOT AGREE WITH ANY OF PROVISIONS STATED HEREIN, YOU MUST NOT ACCEPT THE TERMS AND CONDITIONS STATED HEREIN. 

 

1. All Rights Reserved

 

            Unauthorized use or copying of the Website is strictly prohibited and any person or entity found to be in violation of these Terms and Conditions shall be prosecuted to the fullest extent of the law.

 

            MEDSort trademarks and logos may only be used with the prior written consent of the LLC.  Any and all fair use of such trademarks and logos in advertising and promotion of products or other services shall require the proper acknowledgment of the Website and/or the LLC. 

 

2. Usage License and Not Transfer of Title.

 

            By acknowledging and accepting these Terms and Conditions, you are agreeing only to a right of usage and a right to receive service.  You acknowledge and agree that the LLC owns all of the right, title, and interest in and to the Website, including without limitation all Intellectual Property Rights. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trademark law, trade secret law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code any of the information found on the Website. 

 

            In addition, when using particular Website services, you agree to abide by any applicable posted guidelines for all Website services, which may change from time to time. Should you object to any term or condition of these Terms and Conditions, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Website in any way, your only recourse is to immediately discontinue such use.

           

3. Health Content.

                                                           

 

While every effort has been made to ensure that the information on this site, including but not limited to drug interactions, drug information, drug dosages, active ingredients, and drug classes is accurate and complete, MedSort is not able to guarantee the CONTINUED accuracy, CURRENCY or completeness of this information FOR ANY ERRORS, OMISSIONS, APPLICATION OF THE INFORMATION OR ANY CONSEQUENSES ARISING THEREFROM. Your use of the Web Site is at your own risk.  No warrantees are made that the provided Material is accurate, error-free, truthful, COMPLETE or reliable.  Therefore, mEDSORT,  databank, the LLC, author(s) and/or the publisher OF THE DATABASE, shall have no liability to any person or entity with regard to claims, loss, or damage caused, or alleged to be caused, directly or indirectly, by the use of information contained herein.

 

THE SERVICES OFFERED BY THIS WEBSITE ARE INTENDED TO SERVE ONLY AS A QUICK REFERENCE AND INFORMATIONAL TOOL AND ARE NOT INTENDED AS A COMPLETE REFERENCE.  BY AGREEING TO THESE TERMS AND CONDITIONS, YOU ACKNOWLEDGE AND AGREE THAT 1) ANY AND ALL MEDICAL INFORMATION PROVIDED TO THIS WEBSITE AND 2) ANY AND ALL SERVICES PROVIDED BY MEDSORT IS SOLELY FOR INFORMATIONAL PURPOSES. IT DOES NOT AND SHALL NOT CONSTITUTE MEDICAL ADVICE AND/OR SERVICES AND IS NOT INTENDED TO SERVE AS A REPLACEMENT OR AN ALTERNATIVE TO DIRECTLY COMMUNICATING WITH YOUR PHYSICIAN(S) AND/OR HEALTH CARE PROVIDER(S). ALWAYS CONSULT WITH YOUR DOCTOR FOR APPROPRIATE EXAMINATIONS, TREATMENT, TESTING, AND CARE RECOMMENDATIONS.  

 

            ANY HEALTH INFORMATION ON THIS WEBSITE IS PROVIDED BY MEDSORT OR DATABANK SOLELY FOR INFORMATIONAL PURPOSES AND SHALL NOT CONSTITUTE MEDICAL ADVICE OR MEDICAL SERVICES AND IS NOT INTENDED TO BE A SUBSTITUTE FOR PROPER MEDICAL CARE PROVIDED BY A PHYSICIAN.

 

4. Content.

 

            Unless otherwise expressly permitted by the Website subscriber, MEDSort, the LLC, and its designees, representatives, and employees shall use their best efforts to keep any and all material, information, or other communications submitted or posted to the Website, except posted information to the public message board section of the Website, confidential and secure.  The material you post and the screen name you have chosen (“Nick Name”) during the registration process will be displayed to all users of the Website and will be publicly available.

 

            You acknowledge, consent and agree that the LLC and the Website may access, preserve, and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) respond to your requests for customer service; or (c) protect the rights, property, or personal safety of the LLC and the Website, its users and the general public.

 

            You are prohibited from posting or transmitting to or from the Website any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. Additionally, you agree not to contact any person, business, or entity that has specifically requested not to be contacted and collect personal data about other users for unlawful purposes.  Any such violations under this Section 3 may subject you and your agents to civil and/or criminal penalties.

 

5. Member Password

 

            5.1 Password and Security.  You will receive a password and account designation upon the completion of the registration process. 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 Website of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The LLC, the Website, and its authorized representatives cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

 

 

           

6. No Express or Implied Warranty

NOTWITHSTANDING THE BEST EFFORTS OF THE LLC TO ENSURE A SAFE AND SECURE NETWORK FOR WEBSITE USERS AND MEMBERS, THE SERVICES PROVIDED BY THE LLC AND THE WEBSITE ARE BEING PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE LLC 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-INFRINGEMENT.

THE WEBSITE AND LLC MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE, CURRENT OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

7.      Modifications to Service

            The LLC, its authorized representatives, and the Website reserves the right at any time and from time to time to modify, in part or whole, or discontinue, temporarily or permanently, the Website and its related services (or any part thereof) with or without notice. You acknowledge and agree that the Website, the LLC, and its respective Managers, Members, employees, agents, assigns, heirs, and successors shall not be liable to you or to any third party for any modification, suspension or discontinuance of such Website services.

8.      Personal Information and Privacy

      You are required to establish a MEDSort account in order to post comments or replies to the publicly available message boards and to use certain services made available through the Website.  All personal information provided by you to the Website shall be governed by the MEDSort privacy policy (“Privacy Policy”).  Please read the terms and provisions of the Privacy Policy as  your election to use any and all Website services indicates your acceptance and assent to the terms of the Privacy Policy.

9.      Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE WEBSITE, THE LLC, OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER OR FOR DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS ARISING OUT OF THESE TERMS AND CONDITIONS OR THE USE OR INABILITY TO USE THE WEBSITE OR ITS SERVICES, EVEN IF THE WEBSITE OR THE LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE LLC AND ITS AFFILIATES, THE WEBSITE, OR THESE TERMS AND CONDITIONS SHALL BE THE CANCELLATION OF YOUR SUBSCRIPTION TO THE WEBSITE.

SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND AS SUCH, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

10.  Indemnification

By signing these Terms and Conditions, you agree to hold harmless, indemnify, and defend the Website, the LLC, its Managers, Members, employees, agents, assigns, heirs, and successors from and against any losses, damages, fines and expenses, including, but not limited to attorney’s fees and costs, arising out of or relating to any claims that may arise out of these Terms and Conditions and your use of the Website.

11.  User Age Restriction

The Website is not intended for and may not be used by any person under the age of eighteen (18).

12.  Miscellaneous

            a. Entire Agreement. These Terms and Conditions constitute the entire agreement between you, the LLC, and the Website in connection with the terms and conditions of use governing your use of the Website, superseding any and all prior agreements with respect to these Terms and Conditions and the use of the Website. You also may be subject to additional terms and conditions that may apply when you use or subscribe to the Website and its offered services including, but not limited to the Website’s privacy policy (“Privacy Policy”) as it governs the privacy rights of Members.  Please read the Privacy Policy in its entirety as it sets forth the terms and conditions under which your privacy rights in connection with your use of this Website and its available services are governed.

            b. Choice of Law and Forum. These Terms and Conditions and the relationship between you, the LLC, and the Website shall be governed by the laws of the State of California without regard to its conflict of law provisions.  

            c. Email Communications.  Members are welcome to email the webmaster with any comments or questions at drugs_webmaster@medsort.com.  You hereby acknowledge and agree that any and all communications emailed or otherwise delivered to the webmaster are not confidential and privileged.

            d. Beta Testing. In order to enable the Website to improve its contents and better serve the needs of its Members, it is recommended that all Members participate in an optional survey provided to them during the Website’s beta-testing period (“Beta Testing Period”). Any and all suggestions and comments delivered by Members to the Website during the Beta Testing Period shall become the sole and exclusive property of the Website and LLC.  MEDSort, in its sole and absolute discretion, shall have the right to use any suggestions and comments it receives from Members during the Beta Testing Period in order to implement any changes it deems appropriate.

            e. Other Costs.  All Members hereby acknowledge and agree that they shall individually be responsible for any and all costs and expenses associated with their on-line connection to the Website including, but not limited to electric bills, telephone bills (if applicable) and any and all other fees and expenses (including connection fees and monthly internet fees) charged by an internet service provider.

            f. Third Party Links. As further discussed in Paragraph 5 of the Privacy Policy, any and all third party links found on the Website are intended to be presented as a matter of accommodation only. The LLC and the Website shall not be responsible for the privacy policy(ies) and/or practices found on other websites that are not affiliated with MEDSort.

            g.  Waiver and Severability of Terms. The failure of the LLC or Website to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any such provision 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 these Terms and Conditions shall remain in full force and effect.

 IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT “ACCEPT” AND DO NOT USE THE WEBSITE OR ITS SERVICES. 

YOU FURTHER AGREE THAT YOUR USE OF THE WEBSITE AND ITS AFFILIATED SERVICES ACKNOWLEDGES THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS, AND HAVE ELECTED TO BE BOUND BY SUCH TERMS.