Welcome to the Internet Sites of Medical Schedule ("MEDICAL SCHEDULE"). MEDICAL SCHEDULE
includes MedicalSchedule.net, and other sites affiliated with
Medical Schedule, Inc. (referred to herein as "we," "us," or
"our").
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING
THIS MEDICAL SCHEDULE SITE. By using the MEDICAL SCHEDULE Site, you signify your
agreement to these terms of use. If you do not agree to these terms of use,
please do not use the MEDICAL SCHEDULE Site. We reserve the right, at our discretion, to
change, modify, add, or remove portions of these terms at any time. Please check
these terms periodically for changes. Your continued use of this MEDICAL SCHEDULE Site
following the posting of changes to these terms will mean you accept those
changes.
Restrictions on Use of Materials
All materials contained in any MEDICAL SCHEDULE Site are the copyrighted property of
Medical Schedule, Inc., or its subsidiaries or strategic business units and/or
third-party licensors. All trademarks, service marks, and trade names are
proprietary to Medical Schedule, Inc., or its affiliates. No material from any
MEDICAL SCHEDULE Site or any Internet site owned, operated, licensed, or controlled by us
or our affiliates may be copied, reproduced, republished, uploaded, posted,
transmitted, or distributed in any way, except that you may download one copy of
the materials on any single computer for your personal, noncommercial home use
only, provided that (i) you keep intact all copyright and other proprietary
notices, (ii) you make no modifications to the materials, (iii) you do not use
the materials in a manner that suggests an association with any of our products,
services, or brands, and (iv) you do not download quantities of materials to a
database that can be used to avoid future downloads from any MEDICAL SCHEDULE Site. For
purposes of these terms, the use of any such material on any other Web site or
computer environment is prohibited. All trademarks, service marks, trade names,
and trade dress are proprietary to us.
In the event you download software from any MEDICAL SCHEDULE Site, the software,
including any files, images incorporated in or generated by the software, and
data accompanying the software (collectively, the "Software") are licensed to
you by us or third-party licensors for your personal, noncommercial home use
only. We do not transfer title to the Software to you. You own the medium on
which the Software is recorded, but we (or third-party licensors) retain full
and complete title to the Software and all intellectual property rights therein.
You may not redistribute, sell, de-compile, reverse engineer, disassemble, or
otherwise reduce the Software to a human-readable form.
Submissions
We are pleased to hear from our visitors and welcome your comments regarding our
products and services. Unfortunately, however, our long-standing company policy
does not allow us to accept or consider creative business or software solution
ideas, suggestions, or materials other than those that we have specifically
requested. We hope you will understand that it is the intent of this policy to
avoid the possibility of future misunderstandings when software projects
developed by our professional staff might seem to others to be similar to their
own creative work. Please do not send us any unsolicited original creative
materials such as software design and architecture documents or software product
ideas, or original web site artwork. While we do value your feedback on our
services and products, we request that you be specific in your comments on those
services and products, and not submit any creative ideas, suggestions, or
materials (unless specifically requested by us).
If, at our request, you send certain specific submissions (e.g., postings to
chat, boards, or contests) or, despite our request, you send us creative
software suggestions, software product ideas, design materials, or other
information (collectively, the "Submissions"), the Submissions shall be deemed,
and shall remain, our property. None of the Submissions shall be subject to any
obligation of confidence on our part and we shall not be liable for any use or
disclosure of any Submissions. Without limitation of the foregoing, we shall
exclusively own all now-known or hereafter existing rights to the Submissions of
every kind and nature throughout the universe and shall be entitled to
unrestricted use of the Submissions for any purpose whatsoever, commercial or
otherwise, without compensation to the provider of the Submissions.
Forums and Public Communications
"Forum" means a chat area, message board, or e-mail function offered as part of
any MEDICAL SCHEDULE Site. If you participate in any Forum within a MEDICAL SCHEDULE Site, you
must not:
defame, abuse, harass or threaten others;
make any bigoted, hateful, or racially offensive statements;
advocate illegal activity or discuss illegal activities with the intent to
commit them;
post or distribute any material that infringes and/or violates any right of a
third party or any law;
post or distribute any vulgar, obscene, discourteous, or indecent language or
images;
advertise or sell to or solicit others;
use the Forum for commercial purposes of any kind;
post or distribute any software or other materials that contain a virus or other
harmful component; or
post material or make statements that do not generally pertain to the designated
topic or theme of any chat room or bulletin board.
It is our policy to respect the privacy of all customers. Therefore, in addition
to the privacy of Registration data (see our Privacy Policy), we will not
monitor, edit, or disclose the contents of a customer's e-mail unless (a) you
authorize us to do so, (b) we must do so in order to resolve technical problems
on any MEDICAL SCHEDULE Site; or (c) unless required to do so by law or in the good-faith
belief that such action is necessary to: (1) comply with the law or comply with
legal process served on us; (2) protect and defend our rights or property; or
(3) act in an emergency to protect the safety of our customers or the public.
Customers shall remain solely responsible for the content of their messages.
We reserve the right to remove or edit content from any Forum at any time and
for any reason.
By uploading materials to any Forum or submitting any materials to us, you
automatically grant (or warrant that the owner of such materials expressly
granted) us a perpetual, royalty-free, irrevocable, nonexclusive right and
license to use, reproduce, modify, adapt, publish, translate, publicly perform
and display, create derivative works from and distribute such materials or
incorporate such materials into any form, medium, or technology now known or
later developed throughout the universe. In addition, you warrant that all
so-called "moral rights" in those materials have been waived.
When participating in a Forum, never assume that people are who they say they
are, know what they say they know, or are affiliated with whom they say they are
affiliated with in any chat room, message board, or other user- generated
content area. Information obtained in a Forum may not be reliable, and it is not
a good idea to trade or make any investment decisions based solely or largely on
information you cannot confirm. We cannot be responsible for the content or
accuracy of any information, and shall not be responsible for any trading or
investment decisions made based on such information.
Content Linked to any Medical Schedule Site
Please exercise discretion while browsing the Internet using any MEDICAL SCHEDULE Site.
You should be aware that when you are on a MEDICAL SCHEDULE Site, you could be directed
to other sites that are beyond our control. There are links to other sites from
MEDICAL SCHEDULE pages that take you outside of our service. For example, if you click on
a banner advertisement or a search result, the click may take you off the
MEDICAL SCHEDULE Site. This includes links from advertisers, sponsors, and content
partners that may use our logo(s) as part of a co-branding agreement. These
other sites may send their own cookies to users, collect data, solicit personal
information, or contain information that you may find inappropriate or
offensive. In addition, advertisers on MEDICAL SCHEDULE Sites may send cookies to users
that we do not control.
We reserve the right to disable links from third-party sites to any MEDICAL SCHEDULE
Site.
We make no representations concerning the content of sites listed in any of our
directories. Consequently, we cannot be held responsible for the accuracy,
relevancy, copyright compliance, legality, or decency of material contained in
sites listed in our search results or otherwise linked to a MEDICAL SCHEDULE Site.
Please keep in mind that whenever you give out personal information online ---
for example, via message boards or chat --- that information can be collected
and used by people you don't know. While MEDICAL SCHEDULE strives to protect your
personal information and privacy, we cannot guarantee the security of any
information you disclose online; you make such disclosures at your own risk.
Disclaimer
THE MATERIALS IN THIS MEDICAL SCHEDULE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE
MATERIALS ON ANY MEDICAL SCHEDULE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT ANY MEDICAL SCHEDULE SITE OR THE SERVERS THAT MAKE SUCH
MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE
OF THE MATERIALS ON ANY MEDICAL SCHEDULE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
We explicitly disclaim any responsibility for the accuracy, content, or
availability of information found on sites that link to or from any MEDICAL SCHEDULE
Site. We cannot ensure that you will be satisfied with any products or services
that you purchase from a third-party site that links to or from any MEDICAL SCHEDULE Site
or third-party content on our sites. We do not endorse any of the merchandise,
nor have we taken any steps to confirm the accuracy or reliability of, any of
the information contained in such third-party sites or content. We do not make
any representations or warranties as to the security of any information
(including, without limitation, credit card and other personal information) you
might be requested to give any third-party, and you hereby irrevocably waive any
claim against us with respect to such sites and third-party content. We strongly
encourage you to make whatever investigation you feel necessary or appropriate
before proceeding with any online or offline transaction with any of these third
parties.
Credit Cards
MEDICAL SCHEDULE takes the issue of your privacy seriously. We provide your credit card
number, billing and shipping information to participating merchants from whom
you buy goods or services. The merchants are solely responsible for how they use
that information and any other information they independently acquire from you
or about you. Otherwise, we do not share your credit card information with
anyone else. For more information, please read our Privacy Policy.
To protect the security of your credit card information, we employ the
industry-standard Secure Sockets Layer (SSL) technology. We also encrypt your
credit card number when we store your order and whenever we transfer that
information to participating merchants.
Indemnification
You are entirely responsible for maintaining the confidentiality of your
Password and account and for all activities that occur under your account. You
hereby indemnify, defend, and hold us and our affiliates and our officers,
directors, owners, agents, information providers, affiliates, licensors, and
licensees (collectively, the "Indemnified Parties") harmless from and against
any and all liabilities and costs (including reasonable attorneys' fees')
incurred by the Indemnified Parties in connection with any claim arising out of
any breach by you of this Agreement or claims arising from your account. You
shall use your best efforts to cooperate with us in the defense of any claim. We
reserve the right, at our own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY MEDICAL SCHEDULE SITE OR
MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN
CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED
THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING ANY MEDICAL SCHEDULE SITE.
Termination
These terms are effective until terminated by either party. You may terminate
these terms at any time by discontinuing use of all MEDICAL SCHEDULE Sites and destroying
all materials obtained from any and all such sites and all related documentation
and all copies and installations thereof, whether made under these terms or
otherwise. Your access to any and all MEDICAL SCHEDULE Sites may be terminated
immediately without notice from us if in our sole discretion you fail to comply
with any term or provision of these terms. Upon termination, you must cease use
of the MEDICAL SCHEDULE Site and destroy all materials obtained from such site and all
copies thereof, whether made under these terms or otherwise.
General Provisions
These terms shall be governed by and construed in accordance with the laws of
the State of Tennessee, without giving effect to any principles of conflicts of
law. You agree that any action at law or in equity arising out of or relating to
these terms shall be filed only in the state or federal courts located in
Davidson
County, Tennessee, and you hereby consent and submit to the personal jurisdiction
of such courts for the purposes of litigating any such action. If any provision
of these terms shall be unlawful, void, or for any reason unenforceable, then
that provision shall be deemed severable from these terms and shall not affect
the validity and enforceability of any remaining provisions. This is the entire
agreement between us relating to the subject matter herein and shall not be
modified except in writing, signed by both parties.