The words “use” or “using” in this Agreement, means any time an individual (a “user”), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from the MM Site, receive data from the MM Site transmit data to the MM Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the MM Site, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or any links on the MM Site that may direct your browser or your Internet connection to third party Web sites or Web pages.
1. GENERAL USE OF THE MM SITE.
3. OWNERSHIP AND PROPRIETARY RIGHTS.
Copyright © 2015 MediMergent, LLC – All Rights Reserved.
The MM Site, including all content, media and materials, all software, code, design, text, images, photographs, illustrations, audio and video material, media files, artwork, graphic material, articles, databases, proprietary information, writings, spoken statements, music, video recordings, audio-visual works and recordings, slides, portraits, animated and/or motion pictures, caricatures, likenesses, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, as well as any accompanying documentation, packaging or other materials, tangible or intangible, and all copyrightable or otherwise legally protectable elements of the MM Site, including, without limitation, the selection, sequence and ‘look and feel’ and arrangement of items, and all derivative works, translations, adaptations or variations of same, regardless of the medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black-and-white or in colors, alone or in conjunction with other works, characters, real or imaginary, in any part of the world, are the property of MM and/or its affiliates, and their authorized licensors, suppliers, service providers, promotional partners and/or sponsors (all of the foregoing, individually and/or collectively, is referred to herein as “Content”). All Content on the MM Site is legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. As such, you should assume that all materials, designs, text and images contained in the MM Site are either the copyrighted property of MM, unless otherwise noted, or are the copyrighted property of third parties.
The brands, names, logos, trade names, trademarks, service marks and other distinctive identifications (collectively “Marks”) on or of the MM Site, including, without limitation, “NMSOAP” and or stylized NMSOAP logo are the intellectual property of and proprietary to MM, its advertisers, suppliers and others with whom MM may do business. You have no right to use any of these Marks or any confusingly similar marks for any purpose without the express prior written consent of MM.
4. LICENSE AND SITE ACCESS
MM authorizes you to access Content and grants you the limited right and license to use the MM Site solely for your non-commercial, non-exclusive, non-assignable, non-sublicensable, non-transferable and limited personal use and for no other purpose whatsoever. You must not alter, delete or conceal any copyright or other legal notices contained on the MM Site, including notices on any Content you display, print or reproduce from the MM Site. Unless we explicitly and specifically notify you otherwise in writing, you shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, sell, upload, transmit, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party Web site) or otherwise use, any Content without the express prior written consent of MM.
This license does not include any permission to use data mining, Web scraper, spider, robots, or similar data gathering and extraction tools. The MM Site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of MM. You may not frame or utilize framing techniques to enclose any Marks or Content (including page layout, or form) on the MM Site without our express written consent. You may not use any meta tags or any other “hidden text” utilizing MM’s Marks without our express written consent. Any unauthorized use terminates the permission or license granted by MM.
As an express condition of your use of the MM Site, you warrant to us that you will not use the MM Site for any unlawful purpose or purpose prohibited by this Agreement or the laws or regulations in the jurisdiction in which you live or reside. Any unauthorized or prohibited use of any Content, including use in contravention of this Agreement, may subject you to civil liability, criminal prosecution, or both. If you violate any part of this Agreement, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any of the Content. MM makes no representation that any Content is legal or appropriate for use outside of the United States of America or that it is authorized for export from the United States of America or for import into any foreign country. You are solely responsible for complying with all import and export laws and regulations and all applicable laws of any jurisdiction inside and outside of the United States of America from which you may access the MM Site.
5. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
We respect the intellectual property of others, and we ask you to do the same. Accordingly, MM has adopted the following Intellectual Property Compliance Policy. If you or any user of the MM Site believes its copyright, trademark, or other property rights (“IP Rights”) have been infringed, the IP Rights owner (“Complaining Party”) should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
a. A physical or electronic signature of the Complaining Party or such person authorized to act on behalf of the Complaining Party;
b. Identification of the IP Rights claimed to have been infringed;
c. Information reasonably sufficient to permit us to contact the Complaining Party or such person authorized to act on behalf of the Complaining Party, such as address, telephone number and, if available, an electronic mail address at which the Complaining Party may be contacted;
d. Identification of the material that is claimed to be infringing or to be subject to infringing activity on the Complaining Party’s IP Rights that is to be removed and information reasonably sufficient to permit us to locate such materials;
e. 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, agent, or by law; and
f. A statement that the information in the notification is accurate and, under penalty of perjury, the Complaining Party or such person authorized to act on behalf of the Complaining Party is the owner of an exclusive IP Right that is allegedly infringed.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c) (“DMCA”), our Designated Agent for notice of claims of IP Rights infringement can be reached as indicated below.
Designated Agent for Claimed Infringement:
On notice, we will act expeditiously to review and if necessary to remove Content on the MM Site that infringes the copyright rights of others and will disable the access to the MM Site and its services of anyone who uses them to infringe repeatedly the intellectual property rights of others. Any such removal will be without liability to you or any other party and the claims of the Complaining Party will be referred to the United States Copyright Office for adjudication as provided in the DMCA. We take protection of copyrights, both our own and others, very seriously.
6. HYPERLINKS TO THIRD PARTY SITES.
8. DISCLAIMER AND LIMITATIONS OF LIABILITY.
WITH EXCEPTION OF MM’S HEALTH RECORDS SERVICES OFFERED THROUGH THE MM SITE (WHICH ARE GOVERNED BY OUR BUSINESS AGREEMENT) THE MM SITE AND ALL CONTENT THEREON ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE. Without limiting the foregoing, MM is not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the MM Site.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE MM SITE, MM OR, ANY OF ITS AFFILIATES, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE MM SITE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
9. ADS AND MALWARE.
We take great care and pride in creating the MM Site. We are always on the lookout for technical glitches that effect how the MM Site works. When we find them on our end, we will fix them. Unfortunately, your home computer may cause some glitches that effect how you see the MM Site — and that is totally beyond our control.
If you experience any unusual behavior, content or ads on the MM Site, it may be the result of Malware on your computer. Malware — short for MALicious softWARE — is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner’s knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the MM Site is working properly, sometimes Malware programs on your personal computer may interfere with your experience on the MM Site and on other sites that you visit. If you do discover any Malware on your system, we suggest you speak with a qualified computer technician.
10. INTERNATIONAL USE.
Although the MM Site may be accessible worldwide, we make no representation that materials thereon are lawful, appropriate or available for use in locations outside the United States of America, and accessing them from territories where its Content is illegal is prohibited. Those who choose to access the MM Site from locations outside the United States of America do so on their own initiative and are responsible for compliance with all local laws.
11 MISCELLANEOUS TERMS.
If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and this Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive termination of this Agreement; provided, however, no action arising out of this Agreement or your use of the MM Site, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause of action arose).
This Agreement and your use of the MM Site shall be governed by, construed and enforced in accordance with the substantive laws of the State of Maryland, USA applicable to contracts made, executed and wholly performed in that State, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State of Maryland and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise; provided, however, that notwithstanding the foregoing, you agree that MM has the sole right and discretion to commence and prosecute an action against you in connection with this Agreement, in your home jurisdiction. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act.
IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE MM SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, TO THE MAXIMUM EXTENT OF THE LAW, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Where text requires, words in the singular shall be deemed to include the plural and vice-versa, and words of any gender shall be deemed to include all genders.
In general, you can visit the MM Site on the Internet without telling us who you are or giving us your personally identifiable information. As to all of the information described below, MM will not give, sell, rent or exchange the information with anyone else without your prior consent except as compelled by law (see below). When we collect information from you, you may tell us that you do not want it used for further marketing contact and we will respect your wishes.
We reserve the right to change this Policy at any time and from time to time. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, issuing an e-mail to the e-mail address that you listed when registering and posting the revised Policy on this page. You acknowledge and agree that it is your responsibility to review this Policy periodically, and be aware of any modifications. Your continued use of the MM Site after any such modifications will constitute your: (a) acknowledgment of any modified Policy; and (b) agreement to abide and be bound by any modified Policy.
1. TYPES OF INFORMATION COLLECTED.
Our primary goal in collecting information from you is to provide you with a smooth, efficient, and customized experience while using the MM Site. In order to provide you with our numerous services, we collect Personally Identifiable Information We do not collect Non-Personally Identifiable Information.
Personally Identifiable Information (“PII”): This refers to information that lets us know the specifics of who you are. When you engage in certain activities on the MM Site, such as registering for our on-line services, we may ask you to provide certain information about yourself by filling out and submitting an online form. It is completely optional for you to engage in these activities. We may ask, however, that you provide us personal information, such as your first and last name, address, telephone number, e-mail address, and/or other PII. We may also collect information from you at other points on the MM Site that state that such information is being collected. However, this policy is subject to change without notice and we encourage you to periodically check our Policy statement.
Non-Personally Identifiable Information (“Non-PII”): This refers to information that does not by itself identify a specific individual, such as certain general information based upon where and how as user visits the MM Site. This information may include the Uniform Resource Locator (“URL”) that a user just came from before visiting the MM Site or what browser the user is using. Rest assured, we do not collect any Non-PII.
2. ONLINE SERVICES.
When you register with MM’s online services, we collect your name, email address, and other information necessary to service your account. You acknowledge that by signing up for on-line services you are also opting in for e-mail announcements or alerts. We will use your email address to send you updates and alerts on MM’s on-line services. This helps us keep you informed of our on-line services and better serve you. You will not receive any third party advertisements (Spam) from us.
3. COMPELLED DISCLOSURE.
If we are required by law to disclose the information that you have submitted, we will attempt to provide you with notice (unless we are prohibited) that a request for your information has been made in order to give you an opportunity to object to the disclosure. We will attempt to provide this notice by email, if you have given us an email address, or by postal mail if you have entered a postal address. We will independently object to overly broad requests for access to information about users of the MM Site. If you do not challenge the disclosure request, we may be legally required to turn over your information to law enforcement agencies or a court of competent jurisdiction.
4. UPDATING AND CORRECTING INFORMATION.
We believe you should have the ability to access and edit the PII that you have provided to us. You may change any of your PII in your account by writing us at:
2301 Research Blvd., Suite 201
Rockville, MD 20850
Please include your name, address, and/or e-mail address when you contact us.
We encourage you to promptly update your PII if it ever changes. You may ask to have the information on your account deleted or removed. While we will comply to the best of our ability, it may be impossible to completely delete your information without some residual information remaining because of backups.
5. SECURITY OF INFORMATION.
At the MM Site, you can be assured that your PII is secure, consistent with current industry standards. The importance of security for all PII associated with our users is of utmost concern to us. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. For example, we may store your personal information on computer systems with limited access, which are located in controlled facilities. When we transmit highly confidential information (such as health information) over the Internet, we protect it through the use of encryption, such as the Secure Socket Layer (SSL) 256-bit encryption protocol, which prevents unauthorized parties from viewing such information when it is transmitted.
Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we conscientiously strive to protect your PII, you acknowledge that: (a) there are security and privacy limitations of the Internet that are beyond our control; (b) the security, integrity, and privacy of any and all information and data exchanged between you and us through the MM Site cannot be guaranteed; and (c) it is possible that any such information and data may be viewed or tampered with while in transit by a third party.
6. PRIVACY POLICIES OF THIRD-PARTY SITES
7. MISCELLANEOUS PRIVACY ISSUES.
The MM Site is not directed to children 13 years old or younger. Our policy is that we do not knowingly collect, use, or disclose PII about visitors that are under 13 years of age or younger. If you have any questions about this Policy, the practices of the MM Site, or your dealings with MM, please communicate with use via the following:
2301 Research Blvd., Suite 201
Rockville, MD 20850