The following terms and conditions govern all use of the Medifacts.com website (the “Site”).  The Site is owned and operated by Medifacts International, Inc. (“Medifacts”).  The Site is made available subject to acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by Medifacts (collectively, the “Terms of Use”).

IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, THEN DO NOT ACCESS OR USE THE SITE.  BY VIEWING OR USING ALL OR ANY PART OF THE SITE, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE.

 

Medifacts reserves the right, at its sole discretion, to modify or replace any of these Terms of Use at any time.  It is your responsibility to check the Terms of Use periodically for changes.  Your continued use of the Site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

 

Medifacts’ current privacy policy is available at [http://d135282.u69.bachcsi.com/index.php/terms-of-use] (the “Privacy Statement”), which is incorporated by this reference.  To the extent that Medifacts collects data regarding your use of the Site, Medifacts will not edit, delete or disclose the contents of your data in connection with the Site unless (1) reasonably necessary to perform the Site, (2) authorized by you, (3) otherwise permitted under the Privacy Statement or (4) Medifacts is required to do so by law or regulation, or in the good faith belief that such action is necessary to (i) conform or comply with applicable laws, regulations or legal process, (ii) protect or defend the rights or property of Medifacts or any other user or (iii) enforce the Terms of Use.

 

The Site (including without limitation, any content, documents or other information made available via the Site) is provided only for your personal use.  Any unauthorized use of the Site, including without limitation, any commercial use (such as, for example, resale to third parties), is expressly prohibited. 

As a condition of use, you promise not to use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Medifacts.  You agree to abide by all applicable local, state, national and international laws and regulations.

 

The Site may permit you to link to other websites on the Internet, and other websites may contain links to the Site.  These other websites are not under Medifacts’ control, and you acknowledge that Medifacts is not responsible for the accuracy, legality, appropriateness or any other aspect of the content or function of such websites.  The inclusion of any such link does not imply endorsement by Medifacts or any association with its operators.

 

You agree that all content and materials delivered via the Site or otherwise made available by Medifacts at the Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws.  Except as expressly authorized by Medifacts in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content.  However, you may print or download a reasonable number of copies of the materials or content at this Site for your personal use; provided, that you retain all copyright and other proprietary notices contained therein.  Systematic retrieval of data or other content from this Site to create or compile, directly or indirectly, a collection, database or directory without written permission from Medifacts is prohibited.

Reproducing, copying or distributing any content, materials or design elements on the Site for any other purpose is strictly prohibited without the express prior written permission of Medifacts.  Use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited.  Any rights not expressly granted herein are reserved.

 

THE SITE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SITES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”.  THE SITE AND CONTENT ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.  MEDIFACTS, AND ITS AFFILIATES, LICENSORS AND SUPPLIERS DO NOT WARRANT THAT: (A) THE CONTENT IS TIMELY, ACCURATE, COMPLETE, RELIABLE OR CORRECT; (B) THE SITE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS.  YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK.

 

IN NO EVENT SHALL MEDIFACTS (OR ITS AFFILIATES, LICENSORS AND SUPPLIERS) BE LIABLE CONCERNING THE SUBJECT MATTER OF THIS AGREEMENT, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SITES, OR (C) DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, EVEN IF MEDIFACTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.

 

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  You and Medifacts agree that any cause of action arising out of or related to the Site must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

 

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware, excluding its conflicts of law rules, and the United States of America.  You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this Site or Sites shall be filed only in the state or federal courts located in Newark, Delaware, USA, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.  Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this section.

 

If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable.  Medifacts may assign, transfer or delegate any of its rights and obligations hereunder without consent.  All waivers must be in a writing signed by both parties, except as otherwise provided herein.  No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect.  In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees.  All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

 

Unless otherwise indicated, these Terms of Use and all Content provided by Medifacts are copyright © 2008 Medifacts International, Inc.  All rights reserved.

 

Medifacts, WebHeart^® and any other products and services referenced herein are either trademarks or registered trademarks of Medifacts.  The names of actual companies and products mentioned at the Site may be the trademarks of their respective owners.

 

Medifacts International, Inc.
2101 Gaither Rd, Suite 400
Rockville, MD 20850
United States
Email: info@Medifacts.com