Terms and Conditions of Use Policy
Updated June 10, 2008
Medicues.com is an online information and communications service. Use
of the Service is governed by the terms and conditions of this
Agreement. Please read this Agreement carefully before accessing or
using the Service. Throughout this Agreement, Medicues.com and
Medicues, LLC. are referred to as "we" or "us."
General terms and conditions
Your access and use of this site and its services bind you to this
Agreement. If you do not agree to the Terms and Conditions of Use for
this site, you may not use the site or its services. We may modify
this Agreement at any time. Any modifications made to this Agreement
will be effective immediately upon posting on the site. By accessing
or using the Service, you agree to be bound by all of the terms and
conditions of the Agreement as posted on the Service at the time of
your access or use. You agree to review the Agreement posted on the
Service each time you use the Service so that you are aware of any
modifications made to this Agreement.
Disclaimer
The service and any information contained on or provided through the
service is provided "as is" basis. That means that the information
contained on or provided through this service is intended for general
consumer education and understanding. Any access to the site is
voluntary. Medicues.com and Medicues LLC will regard all access as
voluntary and at the sole risk of the user.
The Medicues.com site and its services are for consumer educational
use only. Nothing contained in this site is or should be considered,
or used as a substitute for, medical advice, diagnosis or treatment.
The services provided on this site are here to educate consumers on
health care and medical issues that may affect their daily lives. This
site and its services do not constitute the practice of any medical,
nursing or other professional health care advice, diagnosis or
treatment.
Because of the designated purpose of this site and the services it
provides, you agree that Medicues.com does not constitute a service
that targets any one community, user group, business or industry.
Because Medicues.com is designed for educational purposes, you also
agree that it does not constitute "doing business" in any specific
jurisdiction or soliciting business for us or any of our affiliated
companies.
Medicues.com advises users to always seek the advice of their
physician with any questions regarding personal health or medical
conditions. Never disregard, avoid or delay in obtaining medical
advice from your doctor or other qualified health care provider
because of something you have read on this site. If you have or
suspect that you have a medical problem or condition, please contact a
qualified health care professional immediately. If you are in the
United States and are experiencing a medical emergency, please dial
911 or call for emergency medical help on the nearest telephone.
Medicues.com and Medicues LLC does not operate, control, supply,
endorse, warrant or guarantee any information, products, services or
merchandise that is not clearly identified as information, products,
services or merchandise supplied by us. We also do not warrant or
guarantee that files available for downloading through the Service
will be free of infections or viruses, worms, Trojan horses or other
code that contains contaminating or destructive properties.
We, and our content providers, cannot and do not guarantee or warrant
against errors, omissions, delays, interruptions or losses, including
loss of data. Users of this site are responsible for maintaining a
means external to Medicues.com for the reconstruction of any lost data.
We reserve the right at any time and from time to time to modify or
discontinue, temporarily or permanently, this site, or any part
thereof, with or without notice.
Warranties and limitation of liability
Medicues.com and Medicues LLC does not make any express or implied
warranties, representations or endorsements of any kind whatsoever
(including without limitation, warranties of title or non-
infringement, or any warranties of merchantability or fitness for a
particular purpose) with regard to the service, or with respect to any
information, product, service, merchandise or other material provided
on or through the service. We do not warrant or guarantee the
accuracy, completeness, correctness, timeliness or usefulness of any
information, products, services, merchandise or other material provided
through the service or on the internet generally. We make no warranty
that the service will be uninterrupted, timely, secure or error free.
We are not liable to any user or anyone else for any decision made or
action taken by based on reliance upon the information contained on or
provided through the service.
Users' agreement
By registering to use this site, users will create a personal profile
account. Users agree to maintain the security of all user
identification, password and other confidential information relating
to the use of their Service account.
Users will not upload or transmit any communications or content of any
type that infringes or violates any rights of any party.
Users will not use this site for any purpose in violation of local,
state, national or international laws.
Users will not use this site as a means to distribute advertising or
other unsolicited material to any third party.
Users will not post material that is unlawful, obscene, defamatory,
threatening, harassing, abusive, slanderous, hateful or embarrassing
to any other person or entity as determined by us in our sole
discretion.
Users will not impersonate another person or create any false
Medicues.com account information or health record for themselves or
others.
Users will not hold us, or any of our affiliates, subsidiaries or
parent company liable for damages including (but not limited to) loss
of wages, revenue or business because of any services related to or
provided by this site. The sole and exclusive remedy for
dissatisfaction with the services of this site will be to stop using
the Service.
Users will indemnify us and any of our parent or subsidiary companies
or organizations, and any of our successors, assigns or licensees,
together with any of their respective officers, directors and
employees, against any damages, losses, liabilities, judgments, costs
or expenses (including reasonable attorneys' fees and costs) arising
out of a claim by a third party relating to use of the Service, or any
breach or violation of this Agreement or any other term or condition
contained on the Service.
Users agree to comply with all user responsibilities and obligations
as stated in these Terms of Service.
Users' representations
All site users represent and warrant that they are at least 18 years
of age and that they possess the legal right and ability to agree to
these Terms of Service and to use this site in accordance with these
Terms of Service.
Medicues reserves the right (but is not obligated) to do any or all of
the following:
1. Remove communications that are abusive, illegal or disruptive, or
that otherwise fail to conform with these Terms and Conditions.
2. Terminate a user's access to the blog feature upon any breach of
these Terms and Conditions.
3. Edit or delete any communications posted on the blog feature,
regardless of whether such communications violate these standards.
Finally, you agree that you will indemnify Medicues against any
damages, losses, liabilities, judgments, costs or expenses (including
reasonable attorneys' fees and costs) arising out of a claim by a
third party relating to any material you have posted.
Conflict resolution
You agree that this Agreement is entered into between you and us in
the State of California, United States of America, and is performed
within the State of California and governed by and shall be construed
in all respects under the laws of the State of California, exclusive
of its choice of law or conflict of laws provisions. In any claim or
action by you directly or indirectly arising under this Agreement or
related to the Service, you and we each irrevocably agree to submit to
the exclusive personal jurisdiction of the California State District
Court, or if such court does not have subject matter jurisdiction,
then you and we each irrevocably agree to submit to the exclusive
personal jurisdiction of the United States Court for the District of
California, and whichever of those two courts has jurisdiction, you
and we each waive any jurisdictional, venue or inconvenient forum
objections to such court.
If any of the provisions of this Agreement are held to be not
enforceable by a court or other tribunal of competent jurisdiction,
then such provisions shall be limited or eliminated to the minimum
extent necessary so that this Agreement shall otherwise remain in full
force and effect.
This Agreement constitutes the entire agreement between you and us
relating to the access and use of the site and any of its services.
This Agreement may not be modified, in whole or in part, except as
described elsewhere in this Agreement. Anything contained on the
Service inconsistent with or conflicting with the terms of this
Agreement is superseded by the terms of this Agreement.
Termination of services
If you violate these Terms and Conditions of Use, your use of this
site will terminate. We may notify you that you have breached the
Agreement and your account is being terminated. We may, in our sole
discretion, terminate your access to this site, or any portion
thereof, or discontinue providing the site, or any portion thereof.
These actions are in addition to and not in lieu or limitation of any
other right or remedy we may have available at law. Further, we shall
not be liable to you or any third party for any such termination or
discontinuance.
General
We do not guarantee continuous, uninterrupted or secure access to our
services, and operation of this site may be interfered with by
numerous factors outside of our control. You agree that these Terms
and Conditions of Use and all incorporated agreements between us and
you may be automatically assigned by us, in our sole discretion, to a
third party in the event of a merger, acquisition or liquidation.
Our failure to act with respect to a breach by you or others of these
Terms and Conditions of Use does not waive our right to act with
respect to subsequent or similar breaches. These Terms and Conditions
of Use set forth the entire understanding and agreement between us and
any site user with respect to the site, its uses and services.
Copyright and trademarks
The materials on the site are copyrighted by us. You may not download
or reprint materials from Medicues.com. Any other use of the materials
is strictly prohibited without our prior written permission and the
permission of the applicable rights holder(s).
Use of cookies
"Cookies" are small pieces of information that some Web sites store on
your computer's hard drive when you visit them. We use cookies to
provide us with information relating to the sources of our site
traffic. Most Web browsers automatically accept cookies but allow you
to modify security settings so you can approve or reject cookies on a
case-by-case basis. Our site requires that cookies, JavaScript and
Java Applets be enabled. If you reject cookies from our site, some
parts of our site may not work properly.
Our sponsors and advertisers and their Ad Servers may use cookies when
you view pages on our site. They use those cookies to collect
nonpersonal information as a way of measuring the effectiveness of
their advertising. We do not control these third parties' use of
cookies or how they manage the nonpersonal information they gather
through them. However, our sponsors and advertisers have agreed that
they will not collect any personally identifiable information from our
site visitors while they are on Medicues.com. If you click on an
advertisement on Medicues.com and visit a site maintained by one of
our sponsors or advertisers, please be aware that we are not
responsible for the privacy practices of those sites. You should read
the privacy policies of each site you visit to determine what
information that site may be collecting about you.
Some Ad Servers allow you to opt out of anonymous data collection
through the use of cookies. To do so, you must opt out of such data
collection with each individual site. You can opt out of cookies for
several Ad Servers by visiting the Network Advertising Initiative
gateway opt-out site. At that site you can also review the privacy
policies of those Ad Servers.
Collection of personal information
We collect personal information that you choose to share with us in
the registration and health tools sections of our site. This
information may include your e-mail address, your health interests and
your answers to questions about your health status. We use this
information to tailor our services to the data you entered.
Information from registration is saved to our database. This enables
you to use the personalized features on our site on a recurring basis.
This saved information is collected only with your permission and may
be updated or deleted by you at any time. If you choose to not provide
the information required for registration, you may not register with
the site and you will not be able to personalize the site.
Contact information
If you have any questions about the Service, please contact us at: info@Medicues.com