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By accessing the website or site Medigy (www.medigy.com), you confirm that you are in agreement with and bound by the terms of service contained in the Terms & Conditions outlined below. These terms apply to the entire website and any email or other type of communication between you and Medigy.
Under no circumstances shall Medigy team be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site, even if Medigy team or an authorized representative has been advised of the possibility of such damages. If your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof.
Medigy will not be responsible for any outcome that may occur during the course of usage of our resources. We reserve the rights to change prices and revise the resources usage policy in any moment.
License Medigy grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the website strictly in accordance with the terms of this Agreement. These Terms & Conditions are a contract between you and Medigy (referred to in these Terms & Conditions as “Medigy”, “us”, “we” or “our”), the provider of the Medigy website and the services accessible from the Medigy website (which are collectively referred to in these Terms & Conditions as the “Medigy Service”).
You are agreeing to be bound by these Terms & Conditions. If you do not agree to these Terms & Conditions, please do not use the Medigy Service. In these Terms & Conditions, “you” refers both to you as an individual and to the entity you represent. If you violate any of these Terms & Conditions, we reserve the right to cancel your account or block access to your account without notice.
To help explain things as clearly as possible in this Terms & Conditions, every time any of these terms are referenced, are strictly defined as:
You agree not to, and you will not permit others to:
Any feedback, comments, ideas, improvements or suggestions (collectively, “Suggestions”) provided by you to Medigy with respect to the website shall remain the sole and exclusive property of Medigy. Medigy shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
We’ve updated our Terms & Conditions to provide you with complete transparency into what is being set when you visit our site and how it’s being used. By using our website, registering an account, or making a purchase, you hereby consent to our Terms & Conditions.
This Terms & Conditions applies only to the Services. The Services may contain links to other websites not operated or controlled by Medigy. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Please remember that when you use a link to go from the Services to another website, our Terms & Conditions are no longer in effect. Your browsing and interaction on any other website, including those that have a link on our platform, is subject to that website’s own rules and policies. Such third parties may use their own cookies or other methods to collect information about you.
Medigy uses “Cookies” to identify the areas of our website that you have visited. A Cookie is a small piece of data stored on your computer or mobile device by your web browser. We use Cookies to enhance the performance and functionality of our website but are non-essential to their use. However, without these cookies, certain functionality like videos may become unavailable or you would be required to enter your login details every time you visit the website as we would not be able to remember that you had logged in previously. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our website correctly or at all. We never place Personally Identifiable Information in Cookies.
You acknowledge and agree that Medigy may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at Medigy’s sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform Medigy when you stop using the Service. You acknowledge and agree that if Medigy disables access to your account, you may be prevented from accessing the Service, your account details or any files or other materials which is contained in your account.
If we decide to change our Terms & Conditions, we will post those changes on this page, and/or update the Terms & Conditions modification date below.
Medigy reserves the right to modify, suspend or discontinue, temporarily or permanently, the website or any service to which it connects, with or without notice and without liability to you.
Medigy may from time to time provide enhancements or improvements to the features/ functionality of the website, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”).
Updates may modify or delete certain features and/or functionalities of the website. You agree that Medigy has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the website to you.
You further agree that all Updates will be (i) deemed to constitute an integral part of the website, and (ii) subject to the terms and conditions of this Agreement.
We may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services such as for curated content without limitations (“Third- Party Services”).
You acknowledge and agree that Medigy shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Medigy does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
This Agreement shall remain in effect until terminated by you or Medigy. Medigy may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from Medigy, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the website and all copies thereof from your computer. Upon termination of this Agreement, you shall cease all use of the website and delete all copies of the website from your computer.
Termination of this Agreement will not limit any of Medigy’s rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
If you are a copyright owner or such owner’s agent and believe any material on our website constitutes an infringement on your copyright, please contact us setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, telephone number, and an email; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owners; and (e) the a statement that the information in the notification is accurate, and, under penalty of perjury you are authorized to act on behalf of the owner.
You agree to indemnify and hold Medigy and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the website; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
The website is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Medigy, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Medigy provides no warranty or undertaking, and makes no representation of any kind that the website will meet your requirements, achieve any intended results, be compatible or work with any other software, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither Medigy nor any Medigy’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the website, or the information, content, and materials or products included thereon; (ii) that the website will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the website; or (iv) that the website, its servers, the content, or e-mails sent from or on behalf of Medigy are free of viruses, scripts, trojan horses, worms, malware, or other harmful components.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
Notwithstanding any damages that you might incur, the entire liability of Medigy and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the website. To the maximum extent permitted by applicable law, in no event shall Medigy or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the website, third-party software and/or third-party hardware used with the website, or otherwise in connection with any provision of this Agreement), even if Medigy or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. This Agreement, together with the Privacy Policy and any other legal notices published by Medigy on the Services, shall constitute the entire agreement between you and Medigy concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Medigy’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AND Medigy AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
Medigy reserves the right, at its sole discretion, to modify or replace this Agreement at any time. By continuing to access or use our website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Medigy.
The Agreement constitutes the entire agreement between you and Medigy regarding your use of the website and supersedes all prior and contemporaneous written or oral agreements between you and Medigy. You may be subject to additional terms and conditions that apply when you use or purchase other Medigy’s services, which Medigy will provide to you at the time of such use or purchase.
We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and Policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account.
The website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by Medigy, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of Medigy, unless and except as is expressly provided in these Terms & Conditions. Any unauthorized use of the material is prohibited.
In the event of a dispute, you or Medigy must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to: contact@medigy.com. Medigy will send any Notice of Dispute to you by mail to your address if we have it, or otherwise to your email address.
In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of Medigy without any compensation or credit to you whatsoever. Medigy and its affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.
Medigy may, from time to time, include contests, promotions, sweepstakes, or other activities (“Promotions”) that require you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible to read all Promotions rules to determine whether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and to comply with all Promotions Rules.
Additional terms and conditions may apply to purchases of goods or services on or through the Services, which terms and conditions are made a part of this Agreement by this reference.
You are solely responsible for all content that you upload, post, email or otherwise transmit to the Site, through the Site or otherwise, including the submission of an Offering, Offering Ratings & Reviews, Evaluations, Questions & Answers, information during Claiming the Offering or while creating a profile page of the Offering, and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, forum postings, comments, questions, answers or other materials, submitted articles or news or events or blogs etc. (collectively, “User Generated Content” or UGC). The word Offering includes a product, service, solution, infrastructure, data source, event, etc. We will not accept User Generated Content from you unless you are a registered user of the Site (Medigy).
Medigy cannot guarantee the accuracy, integrity or quality of UGC posted on the Site by the users. Under no circumstances will Medigy be liable in any way for any Content, including, but not limited to, for (i) any errors or omissions in any Content; or (ii) any loss or damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via or to the Site.
You may access the UGC and any other content on the Site only as permitted under these Terms of Use and the Privacy Policy and you agree to not engage in the use, copying or distribution of any of the content other than as expressly provided herein.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use of any content or enforce limitations on use of the Site or the content therein. You may not interfere with or disrupt the Site, or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site, including by using any device, software or routine to bypass robot exclusion headers. Medigy reserves all rights not expressly granted in and to the content.
By submitting UGC (or content referenced alternatively without limitations for sections applicable to user submissions) to Medigy, you represent and warrant that:
You also represent and warrant that any content you submit:
Medigy does not endorse any content or any opinion, recommendation or advice expressed therein, and Medigy disclaims all liability with respect to the content posted by third parties.
If your content includes ideas, suggestions, documents or proposals to Medigy (a) such Content is not confidential or proprietary and Medigy has no obligation of confidentiality, express or implied, with respect thereto; (b) Medigy may have something similar to that Content already under consideration or development; and (c) you are not entitled to compensation, payment or reimbursement of any kind for such Content from Medigy under any circumstances unless you are otherwise notified by Medigy in writing.
For any content that you submit, you grant Medigy a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sublicensable and transferable right and license to use, reproduce, communicate, distribute, share, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly perform, use, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology whether now or hereafter known throughout the world without compensation to you. This includes, but is not limited to, sharing your content, including your Ratings & Reviews or Questions & Answers, with third-parties. This license will survive the termination of these Terms of Use and your use of the Site.
The CoP is an online space located on medigy.com. Offerings listings are profile pages of products, solutions, services, etc. together referred to as Offerings created on the Site. Site registration or membership is a prerequisite in order to engage with certain features of the CoP and the Offerings, including submissions, Ratings & Reviews of the Offerings, commenting on articles and various other types of content on Medigy, and Questions & Answers.
You must be age 18 years or older to be eligible for creating an account on the Site. No one under the age of 18 may provide any information to or on the Site. We do not knowingly collect personal information from individuals under 18.
If you are under 18, do not use or provide any information on this Site or on or through any of its features, do not register on this Site, use any of the interactive or comment features of this Site, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. Should an individual whom we know to be under the age of 18 send personal information to us, we will delete or destroy such information as soon as reasonably possible. If you believe we might have this type of information, please contact us.
In order to become a CoP member or to claim your Offering listing, you must register for a Medigy account.
After you become a registered user or member, some of the information associated with your account can be seen by everyone on your Profile page and some information can only be seen by you on your Profile page. Everyone will be able to see your featured profile photo or avatar and banner photo, your name, your shared “About You” content, and your shared social accounts. Everyone will be able to access your shared content including your Ratings & Reviews and/or Questions & Answers, and Comments.
Any offering ratings and reviews submitted by you (including those you have previously submitted as part of Ratings & Reviews and Evaluations) may appear under in your profile within ‘My Recent Reviews’.
Medigy will suggest certain products to you under “Products Recommended For You.”
Medigy may add new features to Offerings Listings and CoP from time to time.
Unless noted otherwise in these Terms of Use, all information posted in association with your membership on your Profile page will be visible to everyone else.
Please email support@medigy.com if you have questions about your Medigy account or your membership, including how to privatize your Profile page and to remove some of your activity.
All content that you submit is not confidential and may be used at Medigy’s sole discretion. Medigy may or may not pre-screen content. However, Medigy and its designees will have the right (but not the obligation) in their sole discretion to pre-screen, change, condense or delete any content on the Site. In particular, Medigy and its designees will have the right to remove any content that Medigy deems, in its sole discretion, to violate the Guidelines, or any other provision of these Terms of Use. Medigy does not guarantee that you will have any recourse through Medigy to edit or delete any content you have submitted. Medigy reserves the right to incorporate any content you have submitted into any account you may have, now or in the future, as a registered user of the Site. Content submissions, Ratings and Reviews, Offering Evaluations, Questions & Answers, comments, and Offering photos, Claim status, are generally posted within four business days. However, Medigy reserves the right to remove or to refuse to post any submission for violation of any relevant terms or guidelines. Medigy reserves the right to decline a Claim request for whatsoever reason including due to not having enough proof to verify ownership for the Claim.
You acknowledge that you, not Medigy, are responsible for the contents of any content you submit including wrongfully claiming an Offering you do not represent or own. None of the content that you submit shall be subject to any obligation of confidence on the part of Medigy, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.
Medigy reserves the right, at any time, without notice and in its sole discretion, to terminate your license to use the CoP or the Site and to block or prevent your future access to and use of the CoP or the Site. Medigy may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce these Terms of Use, (iii) respond to claims that any content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of Medigy (and its employees), its users and the public.
As part of our procedures, we screen all received Offering listings or Claim requests for curated listings for fraud or other types of unauthorized or illegal activity or ownership representation. We reserve the right to refuse to process an Offering submission request or Claim request due to suspected fraud or unauthorized or illegal activity or where the order violates Medigy’s published policies. If such is the case, we may reject your submission or Claim request or our Customer Service department may call you at the phone number you provided (or use your email address). We also reserve the right to cancel any accounts or refuse to accept your listing due to suspected fraud or unauthorized or illegal activity or wrong ownership identified in our verification process. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
If for any reason a court of competent jurisdiction finds any provision or portion of these Terms & Conditions to be unenforceable, the remainder of these Terms & Conditions will continue in full force and effect. Any waiver of any provision of these Terms & Conditions will be effective only if in writing and signed by an authorized representative of Medigy. Medigy will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. Medigy operates and controls the Medigy Service from its offices in United States. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access the Medigy Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms & Conditions (which include and incorporate the Medigy Privacy Policy and other policies as published on Medigy website) contains the entire understanding, and supersedes all prior understandings, between you and Medigy concerning its subject matter, and cannot be changed or modified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import.
Medigy is not responsible for any content, code or any other imprecision. Medigy does not provide warranties or guarantees. In no event shall Medigy be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other sort, arising out of or in connection with the use of the Service or the contents of the Service. Medigy reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice.
The Medigy Service and its contents are provided “as is” and “as available” without any warranty or representations of any kind, whether express or implied. Medigy is a distributor or curator of the content supplied by third parties; as such, Medigy exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via the Medigy Service. Without limiting the foregoing, Medigy specifically disclaims all warranties and representations in any content transmitted on or in connection with the Medigy Service or on sites that may appear as links on the Medigy Service, or in the products provided as a part of, or otherwise in connection with, the Medigy Service, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No oral advice or written information given by Medigy or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, Medigy does not warrant that the Medigy Service will be uninterrupted, uncorrupted, timely, or error-free.
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