PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
By using this site, you signify your assent to these Terms and Conditions. If you
do not agree to all of these Terms and Conditions of use, do not use this site!
MDPoint.com ("MDPoint") may revise and update these Terms and Conditions at any
time. Your continued usage of the MDPoint website ("MDPoint Site," or the "Site,")
will mean you accept those changes.
The site does not provide medical advice
The contents of the MDPoint Site, such as text, graphics, images, information obtained
from MDPoint's licensors, and other material contained on the MDPoint Site ("Content")
are for informational purposes only. The Content is not intended to be a substitute
for professional medical advice, diagnosis, or treatment. Always seek the advice
of your physician or other qualified health provider with any questions you may
have regarding a medical condition. Never disregard professional medical advice
or delay in seeking it because of something you have read on the MDPoint Site! If
you think you may have a medical emergency, call your doctor or 911 immediately.
MDPoint does not recommend or endorse any specific tests, physicians, products,
procedures, opinions, or other information that may be mentioned on the Site. Reliance
on any information provided by MDPoint, MDPoint employees, others appearing on the
Site at the invitation of MDPoint, or other visitors to the Site is solely at your
own risk. The Site may contain health- or medical-related materials that are sexually
explicit. If you find these materials offensive, you may not want to use our Site.
Children's privacy
We are committed to protecting the privacy of children. You should
be aware that this Site is not intended or designed to attract children under the
age of 13. We do not collect personally identifiable information from any person
we actually know is a child under the age of 13.
Use of content
MDPoint authorizes you to view or download a single copy of the material on the MDPoint Site solely
for your personal, noncommercial use if you include the following copyright notice:
"Copyright 2007, MDPoint. All rights reserved" and other copyright and proprietary
rights notices that are contained in the Content. Any special rules for the use
of certain software and other items accessible on the MDPoint Site may be included
elsewhere within the Site and are incorporated into these Terms and Conditions by
reference.
The Content is protected by copyright under both United States and foreign
laws. Title to the Content remains with MDPoint or its licensors. Any use of the
Content not expressly permitted by these Terms and Conditions is a breach of these
Terms and Conditions and may violate copyright, trademark, and other laws. Content
and features are subject to change or termination without notice in the editorial
discretion of MDPoint. All rights not expressly granted herein are reserved to MDPoint
and its licensors.
If you violate any of these Terms and Conditions, your permission
to use the Content automatically terminates and you must immediately destroy any
copies you have made of any portion of the Content.
Liability of MDPoint and its licensors
The use of the MDPoint Site and the Content is at your own risk.
When using the MDPoint Site, information will be transmitted over a medium that may be
beyond the control and jurisdiction of MDPoint and its suppliers. Accordingly, MDPoint
assumes no liability for or relating to the delay, failure, interruption, or corruption
of any data or other information transmitted in connection with use of the MDPoint
Site.
The MDPoint Site and the content are provided on an "as is" basis. MDPOINT,
ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM
ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD
PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing,
MDPoint, its licensors, and its suppliers make no representations or warranties
about the following:
- The accuracy, reliability, completeness, currentness, or
timeliness of the Content, software, text, graphics, links, or communications provided
on or through the use of the MDPoint Site or MDPoint.
- The satisfaction of any
government regulations requiring disclosure of information on prescription drug
products or the approval or compliance of any software tools with regard to the
Content contained on the MDPoint Site.
In no event shall MDPoint, its licensors,
its suppliers, or any third parties mentioned on the MDPoint Site be liable for
any damages (including, without limitation, incidental and consequential damages,
personal injury/wrongful death, lost profits, or damages resulting from lost data
or business interruption) resulting from the use of or inability to use the MDPoint
Site or the Content, whether based on warranty, contract, tort, or any other legal
theory, and whether or not MDPoint, its licensors, its suppliers, or any third parties
mentioned on the MDPoint Site are advised of the possibility of such damages. MDPoint,
its licensors, its suppliers, or any third parties mentioned on the MDPoint Site
shall be liable only to the extent of actual damages incurred by you, not to exceed
U.S. $1000. MDPoint, its licensors, its suppliers, or any third parties mentioned
on the MDPoint Site are not liable for any personal injury, including death, caused
by your use or misuse of the Site, Content, or Public Areas (as defined below).
Any claims arising in connection with your use of the Site, any Content, or the
Public Areas must be brought within one (1) year of the date of the event giving
rise to such action occurred. Remedies under these Terms and Conditions are exclusive
and are limited to those expressly provided for in these Terms and Conditions.
Advertisements, searches, and links to other sites
MDPoint may provide links to third-party web
sites. MDPoint also may select certain sites as priority responses to search terms
you enter and MDPoint may agree to allow advertisers to respond to certain search
terms with advertisements or sponsored content. MDPoint does not recommend and does
not endorse the content on any third-party websites. MDPoint is not responsible
for the content of linked third-party sites, sites framed within the MDPoint Site,
third-party sites provided as search results, or third-party advertisements, and
does not make any representations regarding their content or accuracy. Your use
of third-party websites is at your own risk and subject to the terms and conditions
of use for such sites. MDPoint does not endorse any product, service, or treatment
advertised on the MDPoint Site.
Indemnity
You agree to defend, indemnify, and hold
MDPoint, its officers, directors, employees, agents, licensors, and suppliers, harmless
from and against any claims, actions or demands, liabilities and settlements including
without limitation, reasonable legal and accounting fees, resulting from, or alleged
to result from, your violation of these Terms and Conditions.
General
MDPoint is based in Dallas, Texas, in the United States of America with principal offices in
Dallas, Texas and Atlanta, Georgia. MDPoint makes no claims that MDPoint, or any
Site within the MDPoint Network and the Content are appropriate or may be downloaded
outside of the United States. Access to the Content may not be legal by certain
persons or in certain countries. If you access the MDPoint Network from outside
the United States, you do so at your own risk and are responsible for compliance
with the laws of your jurisdiction.
The following provisions survive the expiration
or termination of this Agreement for any reason whatsoever: Liability, User Submissions,
User Submissions - image, video, audio files, Indemnity, Jurisdiction, and Complete
Agreement.
Jurisdiction
You expressly agree that exclusive jurisdiction for any
dispute with MDPoint, or in any way relating to your use of the MDPoint Site, resides
in the courts of the State of Texas and you further agree and expressly consent
to the exercise of personal jurisdiction in the courts of the State of Texas in
connection with any such dispute including any claim involving MDPoint or its affiliates,
subsidiaries, employees, contractors, officers, directors, telecommunication providers,
and content providers.
These Terms and Conditions are governed by the internal substantive
laws of the State of Texas, without respect to its conflict of laws principles.
If any provision of these Terms and Conditions is found to be invalid by any court
having competent jurisdiction, the invalidity of such provision shall not affect
the validity of the remaining provisions of these Terms and Conditions, which shall
remain in full force and effect. No waiver of any of these Terms and Conditions
shall be deemed a further or continuing waiver of such term or condition or any
other term or condition.
Complete agreement
Except as expressly provided in a particular
"legal notice" on the MDPoint Site, these Terms and Conditions and the MDPoint Privacy
Policy constitute the entire agreement between you and MDPoint with respect to the
use of the MDPoint Site, and Content.
Thank you for your cooperation. We hope you
find the MDPoint.com Site helpful and convenient to use! Questions or comments regarding
this website, including any reports of non-functioning links, should be submitted
using our Contact Us Form or via U.S. mail to: MDPoint Customer Relationships Office,
P.O. Box 768501, Roswell, GA 30076. MDPoint.com website is owned and operated by Global
Appliance LLC. Last update date 09/01/2011.
We try to answer every email in a timely manner, but due to volume
may not always be able to do so.