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IMEDCONSENT, LLC. WEB SITE TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE AND THE IMEDCONSENT PRIVACY
POLICY CAREFULLY BEFORE USING THIS WEB SITE OR RECEIVING ANY OF THE IMEDCONSENT
SERVICES.
Welcome
Welcome to iMedConsent's terms and conditions of use. These terms and conditions
of use apply to and govern your use of iMedConsent's Web site(s) (the "Site")
as a passive visitor, as well as the services that iMedConsent provides to participants
who sign up with iMedConsent as members ("Members") (such services
to be referred to herein as "Services"). For purposes of these terms
and conditions of use, the words "you" and "your" shall
refer to any visitor to the Site, as well as any Member, as defined above. Your
use of the Site or the Services signifies your agreement to be bound by these
terms and conditions. If you do not agree to be bound by these terms and conditions
of use, you may not access or otherwise use the Site or receive the Services.
IMedConsent’s current privacy policy which addresses iMedConsent's use
and release of information collected from your use of the Site and receipt of
the Services is available here.
License to Use the Site
iMedConsent grants you a non-exclusive, non-transferable, limited right to access,
use and display the Site and the materials thereon for your personal use only,
provided that you comply fully with these terms and conditions of use. You shall
not interfere or attempt to interfere with the operation of the Site in any
way through any means or device including, but not limited to, spamming, hacking,
uploading computer viruses or time bombs, or the means expressly prohibited
by any provision of these terms and conditions of use. Except as expressly provided
herein or otherwise allowed by iMedConsent, you may not use the Site or the
Services for any commercial purpose.
Changes to Terms and Conditions of Use
iMedConsent reserves the right, at its sole discretion, to change, modify, add
or remove any portion of these terms and conditions of use, in whole or in part,
or to incorporate service fees for Members, at any time. Changes in these terms
and conditions of use will be effective when posted. You agree to review these
terms and conditions of use periodically to be aware of any changes. Your continued
use of the Site after any changes to these terms and conditions of use are posted
will be considered acceptance of those changes.
Ownership; Restrictions
iMedConsent owns, controls, licenses or has the right to use and provide the
Site and all material on the Site, including without limitation text, images,
articles, photographs, illustrations, audio and video clips, (collectively the
"Content"). The Site is protected by copyright as a collective work
and/or compilation, pursuant to U.S. copyright laws, international conventions,
and other copyright laws. iMedConsent, and/or its third party providers, are
the owners of the copyright in the entire Site. iMedConsent owns a copyright
in the selection, coordination, arrangement and enhancement of the Site. You
agree to abide by any and all copyright notices, information or restrictions
displayed on the Site.
You may not modify, create derivative works from, participate in the transfer
or sale of, post on the World Wide Web, mirror, or in any way exploit the Site
or any portion thereof for any public or commercial use, other than as expressly
provided by these terms and conditions of use, without the express written permission
of iMedConsent. You may download one (1) copy of Content from the Site for your
personal use, provided that you maintain all copyright, attribution and other
notices contained in or on such Content, including without limitation trademarks
and service marks of iMedConsent and its affiliates or the copyright holder
identified in the individual Content's copyright notice. No other permission
is granted to you to print, copy, reproduce, distribute, transmit, upload, download,
store, display in public, alter, or modify the content contained on this Site.
You acknowledge that you do not acquire any ownership rights by downloading
copyrighted material. You are responsible for complying with all applicable
laws, rules and regulations regarding your use of any such downloaded Content.
In the event of any permitted copying, redistribution or publication of material
from the Site, no changes in or deletion of author attribution, trademark, legend
or copyright notice shall be made. You may obtain more information on the copyrights,
trademarks, and service marks of iMedConsent and its affiliates and Content
owners by viewing the copyright
and trademark notices posted on the Site.
This Site also contains trademarks of iMedConsent protected under United States
and International Trademarks laws. Use of such marks without iMedConsent's written
permission is strictly prohibited.
Change to Site or Content
iMedConsent shall have the right for any reason, in its sole discretion, to
terminate, change, suspend or discontinue any aspect of the Site or Services,
including but not limited to Content, features, or hours of availability. iMedConsent
may also impose limits on certain features and Services or restrict your access
to parts or all of the Site without notice or liability.
Services
Upon a Member's registration on the Site, iMedConsent will create an online
account for the Member containing information provided by the Member (the "Member
Account"), which account shall be accessible and modifiable by the Member
thereafter at the Site using a password and user name, in accordance with the
Privacy Policy. For more information about how iMedConsent collects, maintains
and uses Member information, please consult the Privacy
Policy.
Acceptable Use Policy
As a condition of your use of this Site and the Services, you warrant to iMedConsent
that you:
- Will only use this Site and Services for lawful purposes in accordance
with these terms and conditions of use;
- Agree and consent to our Privacy Policy;
- Agree not to infringe the proprietary rights, intellectual property
rights, rights of publicity or privacy rights of iMedConsent or third parties
in connection with your use of the Site;
- Agree to provide us with accurate information, and to update such information
in the event that it becomes outdated or inaccurate, as necessary for provision
of the Services to Members through our Site, and to take responsibility for
the information you provide;
- Will be responsible for creating and maintaining the confidentiality
of your user name and password, and for all activity occurring under your password
and Member Account;
- Will not intentionally or unintentionally violate any applicable local,
state, national or international law, including but not limited to any regulations
having the force of law, while using or accessing the Site or the Services;
- Will not harvest, gather or otherwise collect contact information of
other users of the Site or Services, for any purpose including, without limitation,
transmitting any unsolicited advertising, junk mail, spam, or chain letters;
- Will refrain from using unlawful, tortuous, profane, vulgar, harassing,
abusive, threatening, inflammatory, libelous, defamatory, fraudulent or similarly
harmful or discourteous language in any e-mail or form entry created through
this Site;
- Will not scroll faster than others in chat rooms in a way that affects
others' right of enjoyment of the Site; and
- Will not access or attempt to access unauthorized areas of the Site,
tamper with other users' postings, or unreasonably load or burden the Site's
servers.
Members who violate these terms and conditions of use, at iMedConsent's sole
discretion, may have their Member Account suspended or terminated, and may be
prohibited from receiving Services thereafter.
Monitoring, Editing and Disclosure of User Material
You agree that iMedConsent has the right, but not the obligation, to monitor
all material on the Site at any time for any reason in its sole discretion to
determine compliance with these terms and conditions of use and any other operating
rules that iMedConsent may establish from time to time. Notwithstanding this
right of iMedConsent, iMedConsent does not and cannot review all materials posted
to the Site by users, and iMedConsent is not responsible for any such materials
posted by users. iMedConsent reserves the right at all times to edit, disclose,
refuse to post, request removal of or remove any material or information as
may be necessary to comply with any law, regulation or government or agency
request or if, in iMedConsent's sole discretion, such materials are objectionable
or in violation of these terms and conditions of use. iMedConsent does not represent
or endorse the accuracy or reliability of any advice, opinion, statement, or
other information displayed or distributed through the Site. You acknowledge
that any reliance upon any such opinion, advice, statement, memorandum, or information
shall be at your sole risk. iMedConsent reserves the right, in its sole discretion,
to correct any errors or omissions in any portion of the Site.
Indemnification
You shall indemnify, defend and hold harmless iMedConsent, and all its officers,
directors, owners, agents, employees, content providers, partners, affiliates,
licensors and licensees (collectively, the "Indemnified Parties")
from and against any and all losses, damages, liabilities, and claims and all
fees, costs, expenses, of any kind related thereto (including, without limitation,
reasonable attorneys' fees) incurred by the Indemnified Parties in connection
with any claim arising out of, based upon or resulting from your use of the
Site or receipt or use of the Services. iMedConsent reserves the right, at its
own expense, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you and you shall not in any event settle any
matter without the written consent of iMedConsent.
Links to Other Web Site
The Site may contain links and pointers to other World Wide Web Internet sites,
resources, and sponsors of the Site. Links to and from our Site do not constitute
an endorsement by iMedConsent or any of its subsidiaries, partners and affiliates
of any third party resources or their services or contents. Links do not imply
that iMedConsent or the Site sponsors are affiliated or associated with or are
legally authorized to use any trademark, trade name, logo or copyright symbol
displayed in or accessible through the links, or that any linked sites are authorized
to use any trademark, trade name, logo or copyright symbol of iMedConsent or
any of its affiliates. iMedConsent is not responsible for content on or services
provided by other Web sites that are linked to or from the iMedConsent site,
including without limitation iMedConsent's partners' Web sites and services.
You should direct any concerns regarding any external link to its site administrator
or Webmaster.
Disclaimer of Warranties and Damages; Limitation of Liability
THE SITE, INCLUDING ALL SERVICES, CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND
INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED TO SITE
VISITORS, MEMBERS, AND ANY OTHER THIRD PARTY ON AN "AS IS" AND "AS
AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER IMEDCONSENT NOR
ITS CONTENT PROVIDERS OR PARTNERS WARRANT THAT THE SERVICES, FUNCTIONS, FEATURES
OR CONTENT CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT ANY SITE OR THE SERVER THAT MAKES IT AVAILABLE IS
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DO THEY MAKE ANY WARRANTY OR
REPRESENTATION AS TO THE ACCURACY, MEANINGFULNESS, OR RELIABILITY OF THE SITE,
CONTENT, MATERIALS, SERVICES, INFORMATION OR FUNCTIONS MADE ACCESSIBLE BY THE
SITE, ANY PRODUCTS OR SERVICES OF OR HYPERTEXT LINKS TO, THIRD PARTIES OR FOR
ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION
THROUGH THE SITE OR ANY LINKED SITE. IMEDCONSENT AND ITS PARTNERS, SUBSIDIARIES
AND AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE
SITE, INCLUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN
UNDER ANY DIRECT OR INDIRECT CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO IMEDCONSENT'S
NEGLIGENCE. IF YOU ARE DISSATISFIED WITH THE SITE, SERVICES OR ANY MATERIALS
ON THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
UNDER NO CIRCUMSTANCES SHALL IMEDCONSENT, ITS SUBSIDIARIES, PARTNERS, AFFILIATES
OR CONTENT PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY
TO USE, THE SITE AND THE CONTENT, MATERIALS, SERVICES AND FUNCTIONS IN THE SITE,
INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST
BUSINESS, EVEN IF SUCH ENTITIES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY
OF IMEDCONSENT, ITS SUBSIDIARIES, PARTNERS AND AFFILIATES TO YOU FOR ALL DAMAGES,
LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT
LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS AND CONDITIONS
OF USE OR YOUR USE OF THE SITE OR SERVICES EXCEED, IN THE AGGREGATE, $100.00.
iMedConsent's Rights to Materials Provided by Users
Any or all material and information provided by you to the Site, including without
limitation the information contained in your Member Account, if any, may be
included in a database owned by iMedConsent and its subsidiaries, partners and
affiliates in which we have rights and interest, including but not limited to,
the compilation copyright. We reserve the right to use any information or materials
you provide to us or that we obtain through your use of the Site or Services
to the fullest extent permitted by law.
By posting messages, uploading files, inputting data or engaging in any other
form of communication (individually or collectively "Communications")
to or within the Site, you grant to iMedConsent a perpetual, worldwide, irrevocable,
unrestricted, non-exclusive, royalty-free license to use (including use for
promotional and advertising purposes), copy, license, sublicense, adapt, distribute,
display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit
such Communications and any ideas or original materials contained in such Communications,
in all media now known or hereafter developed, without any compensation to you.
This grant shall include the right to exploit any and all proprietary rights
in such Communications including, without limitation, any and all rights under
copyright, trademark, service mark or patent laws under any relevant jurisdiction.
You waive all rights to any claim against iMedConsent for any alleged or actual
infringements of any proprietary rights, rights of privacy and publicity, moral
rights, and rights of attribution in connection with such Communications. You
agree and understand that iMedConsent is under no obligation to use any material
or ideas submitted by you in any Communications in any way whatsoever.
No Responsibility for Transmitted Material
You acknowledge that transmissions to and from this Site are not confidential
and your Communications may be read or intercepted by others. You acknowledge
that by submitting Communications to iMedConsent or the Site, no confidential,
fiduciary, contractually implied or other relationship is created between you
and iMedConsent or any iMedConsent affiliate or subsidiary other than pursuant
to these terms and conditions of use. iMedConsent shall not be responsible for
the payment of any monies to any party in connection with iMedConsent's use
of Communications submitted by you to the Site.
No Resale / Exploitation
You understand and agree that you may not reproduce, copy, resell, manipulate,
or exploit any part of the Site or Services for any commercial purpose.
Non-United States Residents
iMedConsent makes no representation that materials in the Site and their copyrights,
trademarks, patents, and licensing arrangements, are appropriate or available
for use in locations other than the United States. Those who choose to access
this Site from other locations outside of the U.S. do so on their own initiative
and are responsible for compliance with local laws, if and to the extent local
laws are applicable.
Termination
You understand and agree that iMedConsent may, in its sole discretion and at
any time, terminate your Member Account, if any, and discard and remove any
content or information contained therein, for any reason. iMedConsent may also,
in its sole discretion and at any time, discontinue any Services, or limit or
restrict any user's access to the Site or the Services, for any reason. You
understand and agree that iMedConsent may take any one or more of these actions
without prior notice to you, but shall use commercially reasonable efforts to
notify you of such termination. You understand and agree that iMedConsent shall
not have any liability to you or any other person for any termination of your
Member Account or access to Services and/or the removal of such information.
Member may terminate its Member Account at any time by sending a request of
termination by e-mail to iMedConsent at the following address:
support@dialogmedical.com.
General Provisions
These terms and conditions of use shall be governed by and construed in accordance
with the laws of the State of New York, without regard to conflicts of laws
provisions. The sole and exclusive jurisdiction for any action or proceeding
arising out of or related to these terms and conditions of use shall be an appropriate
State or Federal court located in New York County in the State of New York and
you hereby irrevocably consent to the jurisdiction of such courts. If for any
reason a court of competent jurisdiction finds any provision of these terms
and conditions of use, or portion thereof, to be unenforceable, that provision
shall be enforced to the maximum extent permissible so as to effect the intent
of these terms and conditions of use, and the remainder of these terms and conditions
of use shall continue in full force and effect. These terms and conditions of
use constitute the entire agreement between you and iMedConsent with respect
to the subject matter hereof, and supersede all previous written or oral agreements
between the parties with respect to such subject matter. No waiver by either
you or iMedConsent of any breach or default hereunder shall be deemed to be
a waiver of any preceding or subsequent breach or default. The section headings
used herein are for convenience only and shall not be given any legal import.
IMEDCONSENT, LLC. PRIVACY POLICY
iMedConsent has created this privacy statement in order to demonstrate our
firm commitment to our visitors' and participants' privacy. The following discloses
our information gathering and dissemination practices for this Web site: www.dialogmedical.com.
This Privacy Policy is a portion of, and is incorporated into, the Web
Site Terms and Conditions of Use.
Non-Personal Information
During your visit to the Site, we may request non-personally identifiable demographic
and profile data, though your provision of this information is optional. We
may use this data to improve our Site and enhance your experience. For example,
we may use this data to tailor your experience at our Site, show you content
that we think you might be interested in, and display content according to your
preferences. We may also share this information with others, such as advertisers
interested in advertising on the iMedConsent Site, in aggregate, anonymous form,
which means that the information will not contain any personally identifiable
information about you or any other person.
We may use your IP address to help diagnose problems with our server, and to
administer our Site. Your IP address is used to help identify you for the duration
of a session and to gather broad demographic information.
As you browse the Internet, a trail of electronic information is left at each
Web site you visit. This information, which is sometimes called "clickstream"
data, can be collected and stored by a Web site's server. Clickstream data can
tell us the type of computer and browsing software you use, the address of the
Web site from which you linked to the iMedConsent Site, and in some instances,
your e-mail address. We may use clickstream data to determine how much time
visitors spend on each page of our Site and how they navigate throughout the
Site. We will only use this information to improve the iMedConsent Site.
Personal Information
When registering at our Site as a Member, you may be asked to provide certain
personally identifiable information about yourself, such as your name, company
name, job title, e-mail address and certain information about your business
and preferences. You may also be given the option of providing additional personal
information such as your URL, phone and fax number and mailing address.
We use personal information provided by Members to notify Members about opportunities,
deliver iMedConsent newsletters and otherwise communicate with Members about
iMedConsent and its products and services. iMedConsent will not share any personal
information of Members with any unaffiliated third parties, without your consent.
As part of your use of the Services, you are responsible for maintaining and
updating, as applicable, your Member Account information with current, accurate
and complete information. You may do this, using your password and user name,
by visiting the customer service portion of the
iMedConsent Site or contacting support
via email to make such changes.
Cookies
"Cookies" are pieces of information that are placed on an individual's
computer hard drive to enable the individual to more easily communicate and
interact with the iMedConsent Site. iMedConsent may use cookies to customize
your Site experience, to make sure you don't see the same ad repeatedly, to
deliver content specific to your interests, to save your password (in some cases)
so you don't have to re-enter it each time you visit our Site, and for other
purposes. However, you may disallow cookies through your Web browser and still
visit our Site. iMedConsent will never use cookies to retrieve information from
a computer that is unrelated to the iMedConsent Site or Services or your interaction
with the iMedConsent Site.
Consent to Processing
By providing any personal information to this Site, you fully understand and
unambiguously consent to the collection and processing of such information in
the United States and/or any other country.
Other Sites
Our Site may contain links to other sites. Other sites may also reference or
link to our Site. iMedConsent is not responsible for the privacy practices or
the content of such other sites.
Supplemental Information
We may supplement the information that you provide to us with information that
is received from third parties.
Security
We take seriously the security for all personal and non-personal information
associated with our visitors and participants. However, due to the open communication
nature of the Internet, we can not guarantee that communications between you
and iMedConsent, and iMedConsent and you, will be free from unauthorized access
by third parties.
Choice/Opt-Out
If we ever send you information by e-mail concerning new iMedConsent products
or services, we will provide you with an e-mail address by which you may request
no future notices.
Your Acceptance of this Policy
By visiting this Site or receiving Services, you signify your assent to our
then-current Privacy Policy. If you do not agree to this policy, please do not
use our Site or Services. We reserve the right, at our discretion, to change,
modify, add, or remove portions from this policy at any time. Your continued
use of our Site following the posting of changes to these terms means you accept
these changes.
IMEDCONSENT, LLC. COPYRIGHT NOTICE
Copyright © 2000-2007 by iMedConsent, LLC. All rights reserved.
If you believe that your work has been copied in a way that constitutes copyright
infringement, please forward the following information to iMedConsent's Copyright
Agent, designated as such pursuant to the Digital Millennium Copyright Act,
17 U.S.C. § 512(c)(2), named below:
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information
in your Notice is accurate and that you are the copyright owner or authorized
to act on the copyright owner's behalf.
Customer Support and Copyright Agent
IMEDCONSENT, LLC. d.b.a. Dialog Medical
3075 Breckinridge Blvd
Suite 425
Duluth, GA 30096
Attn: Michael Burke
Tel: +01 (770) 982.7851
Fax: +01 (770) 736.5725
E-Mail: support@dialogmedical.com |
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