Saturday, May 17, 2008      
 
 
Terms of Use
     

By using MDNGLive.com (as defined below), you agree to the following Terms of Use, which constitute an agreement between MDNG New Media and you. We may change these terms from time to time. You will always be able to view the most current version by clicking on a link at the bottom of any page on our site.

Scope of These Terms of Use
MDNG New Media provides users with access to a wide variety of resources on the MDNGLive.com domain including, but not limited to, articles, reference tools, continuing education for medical professionals tools, communication tools, message boards and search websites. We have other websites that are covered by different terms of use. The terms of use for each of our websites are available on the homepage of each website. The website is owned and operated by Intellisphere, LLC. The website is for physicians and other healthcare professionals. When we refer to ourselves as "we" or "MDNG New Media," we mean our company, Intellisphere, LLC, including any subsidiary we control (for example, a subsidiary we own). Reference to "website" means our Internet website, MDNGLive.com.

Our Information
We include a lot of information within MDNGLive.com, including articles, references, tools, continuing education for medical professionals, and advertising. Please remember that all of the information available through the website is meant for adults who are licensed healthcare professionals. While we hope you find the website to be helpful, you should remember that it is not meant to serve as a substitute for your own clinical judgment as a healthcare professional. MDNG New Media does not provide medical advice. If you are a consumer who chooses to use the professional-level information available through the website, you should not rely on that information as professional medical advice or use it to replace any relationship with your physician or other qualified healthcare professional. For medical concerns, including decisions about medications and other treatments, consumers should always consult their physician or, in serious cases, seek immediate assistance from emergency personnel. We follow a standard set of editorial procedures for information that we make available through the website. However, we don't offer you any warranty or guarantee related to our website. We specifically disclaim any warranties, express or implied, including implied warranties of merchantability or fitness for a particular purpose. It's your job to evaluate the information and results from website we provide. If you are a healthcare professional, you should exercise your professional judgment in evaluating any information, and we encourage you to confirm the information made available or otherwise obtained through the website with other sources before undertaking any treatment based on it. If you are a consumer, you should evaluate the information together with your physician or another qualified healthcare professional. The use of the website is at your own risk and the website and the content are provided on as "AS IS" basis. Some information made available through the website may be provided by our users. We're not responsible for that information. Whether the information is provided by us or our user, we're not liable for any damages resulting from your use of the information made available through the website. Although we are selective about the organizations we link to, we don't assume any responsibility for any websites that are linked to or from our website. While we welcome your feedback regarding the website, we must make the final decisions about the content made available through the website. You can use the feedback link on our homepage to send us comments. If you are dissatisfied with our response or with the content of the website, your only remedy is to stop using the website.

Proprietary Rights
You acknowledge and agree that the website and information, content and software presented to you through the website or used in connection with the website contain proprietary and confidential information that is protected under U.S. and international intellectual property laws, including copyright, trademarks, website marks, patents or other proprietary rights and laws. Except as expressly authorized by us or our advertisers, you agree not to sell, rewrite, modify, redistribute, create derivative works, or rent the website of any information presented to you through the website, in whole or in part.

You may look at our website online, download individual articles to your personal or handheld computer for later reading, and even print a copy of an article for yourself. You may not remove any copyright notices from our materials. We reserve all of our other rights not granted in these Terms of Use. You agree not to access the website by any means other than through the interface that is provided by us for use in accessing the website.

Linking to Us
Usually, we don't mind if you include a simple link from your website to our website. However, you must first ask our permission if you intend to frame our site or incorporate pieces of it into a different site or product in such a way that is not clear to our users that we are the source of the content. You are not allowed to link to us if you engage in the publication or promotion of illegal, obscene, or offensive content, or if the link in any way negatively impact on our reputation.

Information that You Provide to MDNGLive.com
When you upload materials or information to areas of our website that are publicly available, you give us an irrevocable, perpetual license to use, reproduce, modify, adapt, publicly perform and publicly display that information. For example, we have the right to display a comment that you post on one of our discussion boards for as long as we want. We will consider requests to remove information that you make publicly available through our website on an individual basis (contact us at the email address we provide at the end of this document). For information and materials you upload to areas of our website that are not publicly available, please see our Privacy Policy for an explanation of how we use that information and your rights to change or delete it. We provide the link to our privacy policy later in this document. We ask that you not post any messages with misleading, false, or inappropriate language or statements. We reserve the right to remove any content that we deem offensive or fraudulent at any time without your consent.

Passwords
We offer to our users several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your passwords or accounts. You are responsible for all activities that occur under your password or account. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your account and password; (3) promptly inform us of any need to deactivate a password. You grant us and all other persons or entities involved in the operation of the website the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the website. MDNG New Media cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using our tools and websites.

Dealing with Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the website, including payment and delivery of related goods or websites, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the website

Laws that Govern this Agreement
Intellisphere, LLC controls MDNGLive.com from its offices within the state of New Jersey in the United States of America. The website can be accessed from any of the United States and from other countries worldwide. Since the laws of each State or country able to access the website may differ, by accessing the website both you and MDNG New Media agree that the statutes and laws of the state of New York, without regard to choice of laws principles, will apply to all matters relating to use of our website. 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. MDNG New Media makes no representation that materials made available through the website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access these sites from other locations do so on their own initiative and are responsible for compliance with local laws. The website is intended for United States health care professionals only.
The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Liability, Member Conduct, Proprietary Rights, Indemnity, Laws that Govern this agreement and Consequences.

Acceptance Procedure
By accessing materials through our website or registering you agree with all the terms and conditions of these Terms of Use. We reserve the right, in our sole discretion, to change these Terms of Use from time to time, and your continuing use of our website constitutes your acceptance of and agreement to any changed terms and conditions.

Privacy Policy
Because we are in the healthcare area, we pay special attention to privacy issues. The purpose of our privacy policy is to identify the information we may collect about you, describe the uses we may make of your information and the security measures we take to protect it, and describe your options for controlling your information. You can review our privacy policy for the website at privacy..

Consequences
We may also take any legal action we think is appropriate. If your violation of these Terms of Use causes harm to others, you agree to hold MDNG New Media harmless against any liability for that harm. If there is any dispute between us concerning these Terms of Use or your use of our websites, we both agree to submit the dispute to non-binding mediation, followed by binding arbitration. Both the mediation and the arbitration will be governed under the rules of the American Arbitration Association, and the venue for the arbitration will be New Jersey.

Termination and Modification
You agree that MDNG New Media may, under certain circumstances and without prior notice, discontinue, temporarily or permanently, the website (or any part thereof) or eliminate your account, any associated e-mail address, and remove any information you uploaded or provided to our website with or without notice. Cause for termination shall include, but not be limited to, (a) breaches or violations of these Terms of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the website (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) engagement by you in fraudulent or illegal activities. You agree that all terminations for cause shall be made in MDNG New Media's sole discretion and that MDNG New Media shall not be liable to you or any third party for any termination of your account, any associated e-mail address, or access to the website.

Indemnity
You agree to defend, indemnify, and hold MDNG New Media, 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 of Use.

Notice and Take Down Procedures and Copyright Agent
If you believe any materials accessible on or from the website infringe your copyright, you may request removal of those materials (or access thereto) from our website by contacting MDNG New Media's copyright agent (identified below) and providing the following information:

1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (eg, URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Your name, address, telephone number and (if available) e-mail address.
4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.

MDNG New Media’s agent for copyright issues relating to this website is as follows:

Intellisphere, LLC
The Office Center at Princeton Meadows
666 Plainsboro Rd., Bldg. 300
Plainsboro, NJ 08536
609/716-7777

In an effort to protect the rights of copyright owners, MDNG New Media maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the site who are repeat infringers.

Complete Agreement
Except as expressly provided in a particular "legal notice" on the Website, these Terms of Use constitutes the entire agreement between you and MDNG New Media with respect to your use (and prior use) of the website.

Questions or Concerns about Our Terms of Use
For questions or concerns about these terms of use, please send an e-mail to terms@mdnglive.com.

 
 
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