These Terms and Conditions of Use (the “Terms”) represent an agreement between you (“You” or “Your”) and MediSked, LLC, a limited liability company located at 850 University Ave, Rochester, NY 14607 (“We”, “Our”, or “Us”). By accessing any part of the MediSked User Community, You agree that You are subject to and will comply with these Terms, which may be updated periodically.
These Terms were last updated on March 8, 2019.
1. Your Account and Profile
a. Information about You, including first name and last name, may be publicly available on your MediSked User Community account and/or profile. You agree that any information You submit to the MediSked User Community is accurate and current. We retain thee right to suspend or terminate Your account or profile if We suspect that Your information is untrue, inaccurate, or incomplete.
b. It is Your responsibility to maintain the confidentiality and security of the password associated with Your use of the MediSked User Community.
c. You agree that We may send you information and/or notices regarding the MediSked User Community, or information regarding MediSked products through the information you provide to Us. By registering for the MediSked User Community, You agree that We may use Your email address and phone number to send information, updates, and survey evaluations. If You enter Your mobile phone number, You may receive updates via Your mobile phone (by voice, SMS, or otherwise) at Your own expense.
d. We reserve the right to suspend or terminate Your account immediately without any liability, upon notice, if in Our sole judgment You have violated these Terms, the MediSked User Community Code of Conduct, or if Your continued use of the MediSked User Community poses a risk to the security of the platform or other users.
2. Your Responsibilities and Code of Conduct
a. In connection with Your use of the MediSked User Community, You agree:
b. You agree that You are solely responsible for compliance with Your employer’s policies, procedures, and requirements. Your use of the MediSked User Community is done so as an individuals, and not as a representative of your employer.
c. Your use of the MediSked User Community is dependent upon your compliance with the MediSked User Community Code of Conduct, which may be updated periodically here:
3. Analysis of Your Use
We may track and analyze your use of the MediSked User Community including but not limited to any data You submit, for the purposes of Us improving the MediSked User Community. We may disclose such data about Your use of the MediSked User Community to third parties for the purpose of assisting Us in such tracking or analysis, or where required by law.
4. Proprietary Rights
a. By submitting content to the MediSked User Community, You agree that We are free to disclose such content to anyone, or to otherwise use the content without any compensation. To the extent that any content represents new ideas or ideas for new features, You represent and warrant that You own or otherwise possess all intellectual property and other rights necessary to allow You to post such ideas. You agree that in relation to any ideas submitted to the MediSked User Community, You are not a contributing inventor to any inventions that may arise from Our products and services implementing Your ideas.
b. If you are submitting content in which Your employer or another organization with which You are affiliated owns or has rights to such content You are submitting, You represent that You are authorized by Your employer or organization to submit and grant the rights contained within this provision to Us under these Terms.
c. You grant to Us a perpetual, worldwide, transferable, fully paid up right and license to use, copy, modify, publish, distribute, and create derivative works based on, in any form, any content or material that You may contribute to the MediSked User Community. You waive any intellectual property or other claims You may have now or in the future against Us or anyone using our products. We reserve all right and title in and to all intellectual property rights contained within the MediSked User Community. No rights are granted to You except as expressly set forth in these Terms.
d. We do not guarantee that any ideas, feature ideas, or content in general will be used, developed, or integrated by Us into Our products. If You purchase Our products and services, You should only do so based upon the current state of the product.
e. If We do use Your content or ideas to develop new platforms, features, or products, You agree that in the event you are determined to be a contributing inventor You shall cooperate with Us in procuring the patents necessary to protect the invention, as well as executing all necessary paperwork required to procure such patents on Our behalf.
5. NO WARRANTY
THE MEDISKED USER COMMUNITY IS PROVIDED TO YOU “AS IS”, WITHOUT ANY AND ALL WARRANTIES EXPRESS OR IMPLIED. WE DISCLAIM ALL IMPLIED WARRANTIES, INLCUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE.
CONTENT POSTED BY ANYONE OTHER THAN US ON THE MEDISKED USER COMMUNTIY IS THE SOLE RESPONSIBILITY OF THE ORIGINATOR OF THAT CONTENT, WHETHER OR NOT WE REVIEWED OR MODERATED SUCH CONTENT. ALL CONTENT IS PROVIDED “AS IS”, AND WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS AS TO THE QUALITY OR ACCURACY OF THE CONTENT.
6. NO LIABILITY
YOU AGREE THAT YOU ACCEPT ALL RISKS ASSOCIATED WITH YOUR USE OF THE MEDISKED USER COMMUNITY. IN NOT EVENT SHALL WE HAVE ANY LIABILITY WHATSOEVER UNDER THESE TERMS TO YOU FOR ANY LOSS OR DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR DAMAGES BASED ON LOST PROFITS, DATA OR USE, HOWEVER CAUSE AND, WHETHER IN CONTRACT, TORT, OR UNDER ANY THEORY OF LIABILITY.
You agree to indemnify and hold us harmless, as well as Our subsidiaries, agents, officers, or employees, from any claims, losses, liabilities, costs, or damages arising from (i) Your breach of these Terms, or (ii) any claim made by a third party arising out of content You submitted on the MediSked User Community.
9. Third Party Links
The MediSked User Community may contain links to third party sites. Such sites are not under Our control and We are responsible for the content of those sites. We reserve the right to remove any links at any time. You may access these third party links solely at your own risk.
10. Removal of Material Under U.S. Digital Millennium Copyright Act
If You wish to submit an allegation of infringement under the U.S. Digital Millennium Copyright Act (“DMCA”), you may do so by submitting your request to email@example.com. We reserve the right to remove any material in accordance with Title II of the DMCA.
11. No Waivers
No waiver of any provision of these Terms will be valid unless in writing and signed by Us, nor will failure to enforce any of Our rights under these Terms constitute a waiver of any rights hereunder.
If any provision or part thereof of these Terms is held to be unenforceable by a court of competent jurisdiction, the provision shall be deemed null and void and the remaining provisions or parts thereof of these Terms shall remain in full force and effect.
a. These Terms do not create a relationship between You and Us except as described herein. You may not assign Your rights or obligations under these Terms, whether by operation of law or otherwise, without Our prior written consent.
b. These Terms shall be governed by the laws of the state of New York, without regard to its conflicts of laws rules. Each party consents to the exclusive jurisdiction of the state and federal court located in Monroe County, New York.
c. These Terms constitute the entire agreement between You and Us, and supersedes all prior agreements or representations, whether written or oral, concerning the subject matter herein. No modification, amendment, or waiver of any provision of these Terms shall be effective unless it is by an update to these Terms that we make available on the MediSked User Community.