Effective Date: April 2005
Last Update: March 22, 2011
1. THIS IS AN AGREEMENT BETWEEN YOU AND MDPOCKET™
This is an agreement ("Agreement") between you and MDpocket™. This Agreement governs your use of any Web pages or Web site operated by MDpocket™ (each, a "MDpocket™ Web Site," and collectively, the "MDpocket™ Web Sites" or "MDpocket™ Web Pages"). MDpocket™ offers the MDpocket™ Web Site to you conditioned on your acceptance on this Agreement without modification. Your use of the MDpocket™ Web Sites constitutes your acceptance of this agreement.
2. MDPOCKET™ MAY MODIFY THIS AGREEMENT
MDpocket™ reserves the right to change the terms, conditions, and notices under which it offers the MDpocket™ Web Site, including any changes to charges associated with product purchase. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any MDpocket™ Web Pages. Your continued use of the MDpocket™ Web Site after the effective date of such changes constitutes your acceptance of and agreement to such changes.
3. ADDITIONAL TERMS
If any terms contained in this Agreement conflict with any terms contained within the MDpocket™ Web Site, then the terms in this Agreement supersede.
4. NO UNLAWFUL OR HARMFUL USE OF THE MDPOCKET™ WEB SITE
You will not use the MDpocket™ Web Site or any of the MDpocket™ Web Pages for personal gain purposes. You will not use the MDpocket™ Web Site in any way that is unlawful, or harms MDpocket™, its affiliates, resellers, distributors, service providers and/or suppliers, or any customer of MDpocket™; as determined in MDpocket™'s sole discretion. MDpocket™ may inform you about certain specific harmful uses in a code of conduct or other notices available through the MDpocket™ Web Site, but has no obligation to do so. You may not use the MDpocket™ Web Site in any way that breaches any code of conduct, policy or other notice applicable to the MDpocket™ Web Site. Without limiting the generality of this section, you may not use the MDpocket™ Web Site in any manner that could damage, disable, overburden, or impair any MDpocket™ Web Pages (or the network(s) connected to any MDpocket™ Web Pages) or interfere with any other party's use of the MDpocket™ Web Site.
5. MATERIALS YOU PROVIDE
For materials you provide to MDpocket™ related to the MDpocket™ Web Site, you grant MDpocket™ permission to (1) use, copy, transmit, reproduce, edit, modify, translate and reformat your information, each in connection with the MDpocket™ Web Site, and (2) maintain these rights, to the maximum extent permitted by applicable law. MDpocket™ will not pay you for your information. MDpocket™ may remove your information from the MDpocket™ web database at any time. For any information you provide MDpocket™, you state with the acceptance of this Agreement that you have all rights necessary to make the grants and permission to provide such information. To the maximum extent permitted by applicable law, MDpocket™ may disclose any information in the event it has a good faith reason to believe that a crime has been committed in association with credit card purchases, fraud investigations, and any police action requiring personal data retrieval from MDpocket™. Your Agreement with these terms ensures your compliance with protecting the rights, property, and interests of MDpocket™ and any customer of MDpocket™.
6. INFORMATION AVAILABLE FROM THE MDPOCKET™ WEB SITE
MDpocket™ and its suppliers do not warrant or guarantee the accuracy or timeliness of any information available from the MDpocket™ Web Site, even if such information appears in any e-mail from MDpocket™ or on the MDpocket™ Web Site Pages. MDpocket™ and its suppliers do not authorize the use of information available from the MDpocket™ Web Site including personal data from customers for any purpose other than identification of customers, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes. Nothing contained in the MDpocket™ Web Site is intended to constitute professional advice including, but not limited to, medical treatment.
7. MDPOCKET™ MAKES NO WARRANTY
MDpocket™ provides the MDpocket™ Web Site "as is," "with all faults," and "as available," and the entire risk as to satisfactory quality, performance, accuracy, and effort is with you. To the maximum extent permitted by applicable law, MDpocket™ makes no representations, warranties or conditions, express or implied. MDpocket™ disclaims any and all warranties or conditions, express, statutory and implied, including without limitation (1) warranties or conditions of merchantability, accuracy, title, no encumbrances, no liens and non-infringement, (2) warranties or conditions arising through course of dealing or usage of trade, and (3) warranties or conditions that access to or use of the MDpocket™ Web Site will be uninterrupted or error-free. There are no warranties that extend beyond the face of this agreement.
8. LIABILITY LIMITATION
In no event will any MDpocket™ company be liable for any damages, including without limitation any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from this agreement or your use of the MDpocket™ Web Site, even if MDpocket™ has been advised of the possibility of such damages. Limitations and exclusions apply without regard to whether the damages arise from (1) breach of contract, (2) breach of warranty, (3) negligence, or (4) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law. If you are dissatisfied with the MDpocket™ Web Site, you do not agree with any part of this agreement, or you have any other dispute or claim with or against MDpocket™ with respect to this Agreement or the MDpocket™ Web Site, then your sole and exclusive remedy is to discontinue using the MDpocket™ Web Site.
9. CHANGES TO THE MDPOCKET™ WEB SITES; ADDITIONAL LIABILITY LIMITATION
MDPOCKET™ MAY CHANGE THE MDPOCKET™ WEB SITE OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use the MDpocket™ Web Site, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by MDpocket™ and persons other than MDpocket™ (any such person is referred to as a "Third Party"). You acknowledge and agree that MDpocket™ is not responsible or liable for (1) any content, including without limitation, any infringing, inaccurate, obscene, threatening, or illegal content, or (2) any third party conduct, transmissions or data. In addition, you acknowledge and agree that MDpocket™ is not responsible or liable for (1) any viruses or other disabling features that affect your access to or use of the MDpocket™ Web Site, (2) any incompatibility between the MDpocket™ Web Site and other web sites, services, software and hardware, (3) any delays or failures you may experience in initiating, conducting or completing any transmissions or transactions in connection with the MDpocket™ Web Site in an accurate or timely manner, or (4) any damages or costs of any type arising out of or in any way connected with your use of any services available from third parties though links contained on the MDpocket™ Web Site. The limitations, exclusions and disclaimers in sections 7, 8 and 9 of this agreement apply to the maximum extent permitted by applicable law, and are not intended to deprive you of any mandatory protections provided to you under applicable law.
10. TERMINATION; ACCESS RESTRICTION
MDpocket™ may terminate this Agreement, or terminate or suspend your access to the MDpocket™ Web Site at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the MDpocket™ Web Site will immediately cease. Upon such termination or suspension, any information you have stored on the MDpocket™ web site may not be retrieved later.
11. INTERPRETING THE AGREEMENT
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. MDpocket™ may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the MDpocket™ Web Site. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and MDpocket™ with respect to the MDpocket™ Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and MDpocket™ with respect to the MDpocket™ Web Site. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
12. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS
All contents of the MDpocket™ Web Site are Copyright 2005-2011 MDpocket™ and/or its suppliers, 7091 Washington Street, Denver, Colorado 80229 U.S.A. All rights reserved. MDpocket™, and/or other MDpocket™ products and services referenced herein may also be either trademarks or registered trademarks of MDpocket™ or MedInfo Inc. in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
13. ACCOUNT INFORMATION
Each time you enter your account login information, you are permitting MDpocket™ and its agents to process your request and use information submitted by you to accomplish the foregoing. You will choose a password when registering, please keep it secure. MDpocket™ is not responsible for lost or stolen usernames or passwords and the use of such information, without MDpocket™ notification, is the sole responsibility of the original user.