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Terms of Use

The Terms of Use ensures the integrity of our services and what we provide to you for free.



PLEASE READ AND REVIEW THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Date of Last Revision: August 28, 2020

WHO WE ARE AND HOW TO CONTACT US



By accessing or using the Services, you acknowledge that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered user of MediRecord. If you do not agree to these Terms of Use, then you must not use our Services. We recommend that you print a copy of these Terms for future reference.

For cookies and other privacy related topics, check our Privacy Policy.

WE MAY MAKE CHANGES TO OUR SERVICES



We may update and change our Services from time to time to reflect changes to our products, our users' needs and our business priorities. We will try our best to give you reasonable notice of any major changes. You agree that you oblige to all further changes whether or not you have seen it.


WE MAY MAKE CHANGES TO THIS AGREEMENT



We reserve the right, at our sole discretion, to change, modify, add, or delete portions of this Agreement at any time and without further notice. Please check this page regularly to determine if there have been changes to these Terms of Use and to review such changes. Your continued use of the Services after the effective date of the revised Terms of Use constitutes your acceptance of the terms.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING BUT NOT LIMITED TO LIMITATIONS AND EXCLUSIONS

WHEN THESE TERMS OF USE APPLY



These Terms of Use apply to registered users and non-registered users alike. In order to use the Services, you must accept these Terms of Use. You may do so by (a) registering with one of the Services and/or the Company or (b) using any of the Services. You confirm that you are of legal age to form a binding contract with the Company, or an emancipated minor, or have parental or legal guardian consent and are fully able and competent to enter into, and comply with, these Terms of Use. In any case, you confirm that you are 16 or older (applicable to users located in California and in the European Economic Area ("EEA") excluding the U.K.) or 13 or older (applicable to users located in the rest of the world including the U.K.), and acknowledge that the Services are not intended for children under such ages, as applicable. You may not use the Services and may not accept the Terms of Use if you by law are barred from using the Services or accepting the Terms of Use.

MEMBERSHIP



In order to use certain portions of the Services (described in more detail in our Privacy Policy), you will need to first register on the applicable Service. You must not register for membership in a Service where you are prohibited by law. In addition, the Services are intended solely for users who are: in California and the EEA (excluding the UK), 16 or older; or in the rest of the world (including the UK), 13 or older.

Any registration by anyone under those ages in the applicable jurisdictions is unauthorized, unlicensed and in violation of this Agreement. By registering for the Services, you represent and warrant that you meet the age requirement set forth above and that you agree to and will abide by all of the terms and conditions of this Agreement.

YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE



If you choose to register, and you are provided with or create a user identification code, password or other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party, and you agree to maintain the security of your password and identification and to be fully responsible for all use of your account and for any actions that take place using your account.

The Company may terminate your account, delete your profile and any content or information that you have posted on the Services and/or prohibit you from using or accessing the Services for any reason, or no reason, at any time in its sole discretion, with or without notice.


TRADEMARKS



MediRecord, the MediRecord logos, and any other product or service name, logo, or slogan used by MediRecord, and the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, are trademarks or trade dress of MediRecord, and may not be used in whole or in part in connection with any product or service that is not MediRecord's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MediRecord, without our prior written permission. Any use of these trademarks must be in accordance with any guidelines that MediRecord may provide you from time to time.

All other trademarks referenced in the Services are the property of their respective owners. Reference on the Services to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us or any other affiliation.

SUBMITTING CONTENT TO THE SERVICES AND COPYRIGHTS



There are different rules for content that is submitted to MediRecord.

In all cases, you are solely responsible for all content, including but not limited to photos, profiles information, messages, comments, and other content that you upload, publish or display (hereinafter, "submit") on or through the Services, or transmit to or share with other users. The Privacy Policy will explain in more detail.

The Services are not and shall not function as an archive. We have no liability to you or any other person for loss, damage, or destruction to your content. You are solely responsible at your sole cost and expense for creating backup copies and replacing any content you post or store on the Services or provide to us.


COMPANY ORIGINAL CONTENT



Articles and content that are created by the Company or one of its licensors (for example, Company-created content that appears on medi-record.com) (collectively, the "Company Original Content") is the exclusive property of the Company and its licensors and is protected by copyright and intellectual property laws and treaties, and all rights are reserved. Such Company Original Content includes visual content such as videos, articles, photographs, music, graphics, and logos. Such Content may be accessible via a player embedded on the Services, which links to and plays content hosted on other sites or services ("Media Player").

Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license to the Company Original Content, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the Company Original Content. Subject to the terms and conditions of this Agreement, Company provides you with a license to use the Company Original Content for your personal, noncommercial use only. Company may terminate this license at any time for any reason or no reason. Use of Company Original Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

We may provide opportunities to third parties (including community members) to submit an application to provide original content, which Company may approve or deny in its sole discretion. If such original content is accepted by Company, it shall be subject to the rules for Company Original Content that are set forth above and that a contributor may agree to as part of the application process.

The Company may also provide links to articles on third party websites, as set forth below under Disclaimers and Limitation of Liability. Because the Company has no control over such third party websites, the Company is not responsible for the availability of such websites and is not responsible for any content on such websites.


USER CONDUCT



You agree not to:
Abuse, harass, threaten or intimidate anyone on our platform
Post or transmit any content that is obscene, pornographic, abusive, offensive, profane, or otherwise violates any law or right of any third party, or content that contains homophobia, ethnic slurs, religious intolerance, or encourages criminal conduct;
Attempt to impersonate another user or person;
Post any illegal or unauthorized content or use for any illegal or unauthorized purposes;
Post or transmit any communication or solicitation designed or intended to obtain password, account, email address, or private information from any MediRecord user.
Post, upload, transmit, share, or store unsolicited or unauthorized advertising, solicitations, "spam", or any other type of unauthorized solicitation;
Solicit personal information from any user under the age of 18;
Violate any laws in your jurisdiction (including but not limited to copyright laws and laws regarding online conduct and acceptable content);
Post advertisements or solicitations of business;
Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services or content, features that prevent or restrict use or copying of any content accessible through the Services, or delete the copyright or other proprietary rights notices on the Services or user content
Except as expressly permitted by the Company (for example with respect to the use of text content that is submitted to particular MediRecord communities as permitted as set forth at our licensing page), you may not modify, publish, transmit, reproduce, scrape, create derivative works from, distribute, perform, adapt, aggregate, sell, transfer or in any way exploit any of the content, in whole or in part,
Use any robot, spider, site search and/or retrieval application, or other device to scrape, extract, retrieve or index any portion of the content;
use any Media Player for any purpose other than non-commercial, personal consumption and viewing of applicable content;
attempt to modify, enhance, edit, translate, adapt, alter, reverse engineer, decompile, disassemble, or create derivative works based upon any Media Player; or


You further agree:
To only use the Services in a manner consistent with these Terms of Use and in compliance with applicable laws and regulations;
To maintain the confidentiality of any password(s) associated with your use of the Services;
To notify the company immediately in case of any unauthorized use of your account;
Not to intentionally block, remove, or otherwise obstruct the proper functioning and view of advertisements, and/or user interface and functionality;
Not to 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, limit the functionality of, or enable unauthorized access to any computer software or hardware or telecommunications equipment;
Not to upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party
not use any robot, spider, scraper or other automated means to access the Services for any purpose without our express written permission;
Not to forge headers, or manipulate source identifiers or otherwise attempt to disguise the origin of any content made available via the Services;

You will not:
take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (including but not limited to DDoSing)
nterfere or attempt to interfere with the proper working of the Services or any activities conducted on a Service; or
bypass any measures we may use to prevent or restrict access to the Services, including robot exclusion headers.


IDEA SUBMISSION



By submitting ideas, suggestions, documents, and/or proposals ("Submissions") to MediRecord or its employees, you acknowledge and agree that MediRecord shall be entitled to use or disclose such Submissions for any purpose in any way without providing compensation or credit to you.

TERMINATION



To the fullest extent permitted by applicable law, MediRecord reserves the right, without notice and in our sole discretion, to terminate your license to use the Services (including to post user content), and to block or prevent your future access to and use of the Services, including where we reasonably consider that: (a) your use of the Services violates these Terms of Use or applicable law; (b) you fraudulently use or misuse the Services; or (c) we are unable to continue providing the Services to you due to technical or legitimate business reasons. This includes the ability to terminate or to suspend your access to any purchased products or services, including any subscriptions. To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with (i) the Services, (ii) any term of these Terms of Use, (iii) any policy or practice of MediRecord in operating the Services, or (iv) any content or information transmitted through the Services, is to terminate your account and to discontinue use of any and all parts of the Services.

DISCLAIMERS; NO WARRANTIES



MediRecord does not guarantee that any unauthorized copying, use or distribution of content submitted by you by third parties will not take place.In addition, MediRecord is not responsible for the content or conduct, whether online or offline, of any user of the Services or other site or services that may be referenced, or linked to, in the Services.

Because Company has no control over such sites and services, you acknowledge and agree that Company is not responsible for the availability of such external sites or services, 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 services. We encourage you to be aware of when you leave the Services, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.

You understand and acknowledge that by using the Services you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) THE SERVICES AND THE CONTENT AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY MEDIRECORD; (B) MEDIRECORD, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS, AFFILIATES, PARTNERS, AND SUPPLIERS ("MEDIRECORD PARTIES") DISCLAIM ALL OTHER WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES, INCLUDING ANY INFORMATION, CONTENT OR MATERIALS CONTAINED THEREIN; (C) NO MEDIRECORD PARTY REPRESENTS OR WARRANTS THAT CONTENT OR MATERIALS ON THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; AND (D) WHILE MEDIRECORD ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SERVICES SAFE, NO MEDIRECORD PARTY CAN AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MEDIRECORD OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. MEDIRECORD DOES NOT AND CANNOT GUARANTEE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES.


LIMITATION ON LIABILITY



TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL MEDIRECORD OR ANY MEDIRECORD PARTY BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES, THE CONTENT OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM MEDIRECORD, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO MEDIRECORD'S RECORDS, PROGRAMS OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MEDIRECORD, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so.

YOU ACKNOWLEDGE AND AGREE THAT MEDIRECORD HAS OFFERED THE SERVICES, MATERIALS AND OTHER CONTENT AND INFORMATION, SET ITS PRICES, AND ENTERED INTO THESE TERMS OF USE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND MEDIRECORD, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND MEDIRECORD. MEDIRECORD WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

YOU AND MEDIRECORD AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.


INDEMNITY



You agree to indemnify, defend, and hold harmless MediRecord, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Services, any user content you post, store or otherwise transmit in or through the Services, your violation of the rights of any third party, any violation by you of these Terms of Use, or any breach of the representations, warranties, and covenants made by you herein. MediRecord reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify MediRecord, and you agree to cooperate with MediRecord's defense of these claims. MediRecord will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. The foregoing indemnity includes, without limitation, any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your Promotions or user content.

GOVERNING LAW, VENUE, AND JURISDICTION



To the fullest extent permitted by applicable law, the laws of the State of California, without regard to principles of conflict of laws, govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates. To the fullest extent permitted by applicable law, you agree not to commence or prosecute any action in connection with your use of the Services other than in the state and federal courts of California, and you hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of California.

OTHER TERMS AND CONDITIONS



To the extent that a translation of these Terms of Use differs from the English language version, the English language version controls.

If the Company does not exercise or enforce any right, remedy, or provision of these Terms of Use, this shall not constitute a waiver of such right or provision in that or any other instance.

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms of Use to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MediRecord without restriction. Any assignment attempted to be made in violation of these Terms of Use shall be void.

The Terms of Use, together with the Terms of Sale, the Privacy Policy and the Guidelines, is the entire agreement between you and MediRecord relating to the subject matter herein and will not be modified except in writing, signed or otherwise agreed to by both parties, or by a change to these Terms of Use or Guidelines made by MediRecord as set forth in Section 6 above.




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