Terms and Conditions

By using this website (the "Website"), you agree to be governed by the Terms and Conditions of Use set forth below, along with this Website's Privacy Policy, which is incorporated herein by reference. Please read the following carefully, as your use of this Website constitutes your binding acceptance of these Terms and Conditions of Use, including any modifications we make. In consideration of Medistry, LLC (".Med") granting you access to this Website, you agree as follows:

Intellectual Property

All images, text, graphics, video, multimedia files, programs, listings and other materials (the "Content") found and published on this Website are protected by all applicable U.S. and international intellectual property laws, including copyright and trademark laws, and are owned by .Med or the entity which provided the Content. All rights in the Content are expressly reserved by the applicable owner. Any reproduction, distribution, modification, or publication of the Content found and published on this Website is prohibited without the express written consent of .Med or the Content owner.

User Responsibility

You assume all responsibility for your use of the Website. You waive all claims against .Med and .Med's respective officers, directors, employees, suppliers, and programmers that may arise from the use of the Website. You acknowledge and agree that your use of this Website or the services or products available through this Website:

  • Will comply with these Terms and Conditions of Use and all applicable local, state, national and international laws, rules and regulations
  • Will not be illegal or promote or encourage illegal activity
  • Will not promote, encourage or engage in any spam or other unsolicited bulk email, or computer or network hacking or cracking
  • Will not infringe on the intellectual property rights of a third party
  • Will not violate the privacy or publicity rights of another third-party
  • Will not disseminate or install any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware

Account

In order to access some or all of the Content, materials and services available through this Website, you may be required to create an account for the Website. When creating such an account, you agree to: (a) provide true, accurate, current and complete information about yourself (the "Account Data") and (b) maintain and promptly update the Account Data to keep it true, accurate, current and complete. Failure to do so shall constitute a breach of these Terms and Conditions of Use, which may result in immediate termination of your access to or use of this Website and any services or products offered through this Website.

Should you choose to create an account with this Website, you will be required to choose account login information, such as a password and username, and you are responsible for maintaining the confidentiality of your account login information. The Account holder is solely responsible for all activities that occur under the account, whether authorized or not. You agree to immediately notify .Med of any unauthorized use of your account or any other breach of security. .Med will not be liable for any loss or damage arising from your failure to maintain the confidentiality of your account login information. You have no ownership rights in any account of the Website, and in the event your account is terminated for any reason, the contents of your account may not be available to you. .Med reserves the right to delete or terminate any account at .Med’s sole discretion for any reason.

Links to Website

You may not link to this Website from your own website in any manner that suggests .Med has any relationship or affiliation with your website or endorses, sponsors or recommends the information, products, services, or content on your website. .Med will not permit links from any obscene, scandalous, profane, defamatory, or unlawful website, or any website that may adversely affect the name, reputation and goodwill of .Med and its products and services. .Med reserves the right to cancel permission to link at any time, for any reason.

Limitations of Liability

THIS WEBSITE IS PROVIDED BY .MED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT ANY WARRANTY THAT THE WEBSITE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. .MED MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE USABILITY, CONDITION OR OPERATION OF THIS WEBSITE, OR THAT ACCESS TO OR USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR AS TO THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, .Med DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPARABILITY, SECURITY AND ACCURACY. YOU AGREE THAT .MED IS NOT LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND PUNITIVE DAMAGES, AND IRRESPECTIVE OF WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE.

Idemnity

To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless .Med and its subsidiaries, and their respective directors, officers, board members, employees, agents, successors and assigns, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to all legal fees and expenses) arising from: (i) your use of and access to the Website, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement and any other agreement that you have with .Med, including without limitation your breach of any of the representations and warranties herein; (iii) your violation of any third-party rights, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any claims or damages that arise as a result of content; you submitted, viewed or used; (vi) any other party's access and use of the services with your account or log-in information; and/or (vii) your intentional or willful misconduct, or negligence.

Reservation of Rights

.Med expressly reserves the right to deny, reject, delete, cancel, terminate, suspend, lock, discontinue or modify access to or control of (or otherwise instruct such actions) any account or services or products available through this Website (including any content) for any reason (as determined by .Med in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by .Med or other Content provider in offering or delivering any services, (ii) to assist with our fraud and abuse detection and prevention efforts, (iii) to comply with court orders against you and/or applicable local, state, national and international laws, rules and regulations, (iv) to comply with requests of law enforcement, including subpoena requests, (v) to comply with any dispute resolution process, (vi) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, (vii) to avoid any civil or criminal liability, or (viii) in the event of your breach of this Agreement. Any decision by .Med to remove or reject any content from the Website does not by itself amount to participation in the creation of such content and, accordingly, does not constitute a waiver of any immunity afforded .Med under Section 230 of the U.S. Communications Decency Act.

Website Availability

From time to time, this Website may be inaccessible or inoperable for any reason, including but not limited to equipment malfunction or periodic maintenance. You acknowledge and agree that .Med has no control over the availability of this Website or any services or products available through this Website on a continuous or uninterrupted basis, and .Med assumes no liability to you or any other party with regard thereto.

Third-party Websites

This Website may contain links to other websites operated by third parties other than .Med. These links are provided as a convenience to access the information contained therein. .Med does not endorse or approve of such websites and is not a sponsor, partner, promoter, or publisher of such websites. .Med expressly disclaims any responsibility or liability for the content of any other website and does not make any representations or warranties with respect to any goods or services that may be obtained from such third party websites. These websites usually have their own terms and conditions, including privacy policies, over which .Med has no control and which will govern your rights and obligations with respect to those websites.

Governing Law

These Terms and Conditions of Use shall be governed by the laws of the United States of America and the State of Ohio, as if these Terms and Conditions of Use were a contract wholly entered into and wholly performed within the State of Ohio, and without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the State of Ohio to the rights and duties of the parties. Any action relating to these Terms and Conditions of Use may be brought exclusively only in the United States District Court for the Northern District of Ohio (Eastern Division) or in the state courts of Cuyahoga County, Ohio, and each party to this agreement expressly and irrevocably consents and submits to the jurisdiction and venue of such Courts, and courts of appeal therefrom, in connection with any such legal proceeding.

Changes

.Med reserves the right to change, modify, or amend these Terms and Conditions of Use at any time without notice or liability. Any such change, modification or amendment shall become effective upon posting to the Website. Your use of the Website following any such change, modification or amendment shall be conclusively deemed to be your acceptance thereof. Please check the Website periodically for updated Terms and Conditions of Use.

DMCA:
.Med complies with the Digital Millennium Copyright Act (DMCA). .Med's designated copyright agent for notices under the DMCA is:

  • Service Provider: Medistry LLC
  • Name of Agent: Legal Department - DMCA
  • Address: 3029 Prospect Avenue, Cleveland, Ohio 44115
  • E-mail Address: legal@trust.med

If you believe your copyrighted work has been infringed by copying, posting, storing, or transmission through the Website, you may submit to .Med a written notification containing the following information:

  1. A physical or electronic signature of the owner of or a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit .Med to locate the material.
  4. Information reasonably sufficient to permit .Med to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is the owner of or is authorized to act on behalf of the owner of an exclusive right that is alleged.

Upon receipt of an appropriate written notification from a complaining party containing the above information, .Med will remove or disable access to the material that is claimed to be infringing. .Med will forward the complaining party's written notification to the alleged infringer and will take reasonable steps to promptly notify the alleged infringer that .Med has removed or disabled access to the allegedly infringing material.

The alleged infringer may submit to .Med a counter notification by providing a written notification to .Med's designated copyright agent that includes the following:

  1. A physical or electronic signature of the alleged infringer.
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  3. A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  4. The alleged infringer's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the federal district court for the judicial district in which the address is located, or if the alleged infringer's address is outside of the United States, for any judicial district in which .Med may be found, and that the alleged infringer will accept service of process from the complaining party or an agent of such party.

.Med will promptly provide the complaining party with a copy of the counter notification and inform the complaining party that it will replace the removed material or cease disabling access to it in ten (10) business days. .Med shall replace the removed material or cease disabling access to it not less than ten (10), nor more than fourteen (14) business days following its receipt of the counter notification, unless .Med's designated copyright agent receives first notice from the complaining party that it has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material available through the Website.

Contact Information. If you have any questions about these Terms and Conditions of Use, you can contact .Med at: legal@trust.med