Terms and Conditions
These terms and conditions (“Terms and Conditions”) govern your use of all MedMaster Corporation (“MedMaster,” “Company” or “We”) websites, including without limitation www.medmaster.net(the “Website”), applications, services and products ( all of the above, including the Website hereinafter referred to as the “Services” or individually a “Service”) that link to these Terms and Conditions.
Using our Services
Unless otherwise set out herein, content comprised within the Website and Services, including text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, videos, audio, images, applications, programs, computer code and other information (collectively, the “Content”), including but not limited to the design, layout, “look and feel” and arrangement of such Content, is owned by MedMaster, its licensors or its content providers and is protected by copyright, trademark and other intellectual property and unfair competition laws.
Except as otherwise provided in any additional terms for a Service, you may print or download Content from the Services for your own personal, non-commercial, informational or scholarly use, provided that you keep intact all copyright and other proprietary notices.
You may not copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate or create other derivative works from, or sell, rent or license all or any part of the Content, or products or services obtained from the Services, in any medium to anyone, except as otherwise expressly permitted under these Terms and Conditions, or any relevant license or subscription agreement or authorization by us.
You may not reverse engineer, disassemble, decompile or translate any software in the Content, or otherwise attempt to derive the source code of such software, except to the extent expressly permitted under applicable law, without our prior written permission. You may not engage in the systematic retrieval of Content from the Services to create or compile, directly or indirectly, a collection, compilation, database or directory without our prior written permission.
You may not use any robots, spiders, crawlers or other automated downloading programs, algorithms or devices, or any similar or equivalent manual process, to: (i) automatically search, scrape, extract, deep link or index any Content; (ii) harvest personal information from the Services for purposes of sending unsolicited or unauthorized material; or (iii) cause disruption to the working of the Services or any other person’s use of the Services. If the Services contain robot exclusion files or robot exclusion headers, you agree to honor them and not use any device, software or routine to bypass them. You may not attempt to gain unauthorized access to any portion or feature of the Services, any other systems or networks connected to the Services or to any MedMaster server, or any of the products or services provided on, accessed from or distributed through the Services. You may not probe, scan or test the vulnerability of the Services or any network connected to the Services or breach or attempt to breach the security or authentication measures on the Services or any network connected to the Services.
You may not, without the approval of MedMaster, use the Services to publish or distribute any advertising, promotional material, or solicitation to other users of the Services to use any goods or services. For example (but without limitation), you may not use the Services to conduct any business, to solicit the performance of any activity that is prohibited by law, or to solicit other users to become subscribers of other information services. Similarly, you may not use the Services to download and redistribute public information or shareware for personal gain or distribute multiple copies of public domain information or shareware.
Content provided to us or posted on or through the service
Some of our Services allow you to upload, submit, store, send or receive content. Except as otherwise provided in any additional terms or agreements for or relating to a Service, we do not claim ownership of any content, application or other material that you or third parties provide to us (including feedback and suggestions) or post, upload, input or submit on or through the Services, including our blog pages, message boards, comment or discussion features, chat rooms and forums, for review by MedMaster and its suppliers or licensors, the general public, registered users of the Services, or by the members of any public or private community (“Submission”), and you retain ownership of any intellectual property rights that you hold in the Submission. We are not responsible for the content, accuracy or compliance with relevant laws or regulations of any Submission that contains content that is not owned by MedMaster. However, by posting, uploading, inputting, providing or submitting (“Posting”) a Submission, you grant us (and those we work with) a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to publish, post, reformat, index, archive, make available, link to, and otherwise use such Submission in all forms and media (whether now known or later developed), in connection with the operation of our respective businesses (including, without limitation, the Website and Services) and to permit others to do so. You shall not make any Submission anonymously, and you warrant and represent that any such Submission is original, and has been written by you. We are under no obligation to display or otherwise use any Submission you may provide, and we may remove any Submission at any time in our sole discretion. By Posting such a Submission, you also warrant and represent that you own or otherwise control all of the rights to your Submission including, without limitation, all the rights necessary for granting the permission specified above.
You may not use the Services to publish or distribute any information (including software or other content) which is illegal, which violates or infringes upon the rights of any other person, which is defamatory, abusive, hateful, profane, pornographic, threatening or vulgar, which contains errors, viruses or other harmful components, or which is otherwise actionable at law. MedMaster may at any time exercise editorial control over the Content of the Services.
We shall have the right, but not the obligation, to monitor Submissions to determine compliance with these Terms and Conditions and any operating rules we establish and to satisfy any law, regulation or authorized government request. We shall have the right in our sole discretion to edit, refuse to post, or remove any Submission.
MedMaster respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and we ask our instructors, students and other users of our Website and Services to do the same. Infringing activity will not be tolerated on or through the Website or Services.
MedMaster’ intellectual property policy is to (a) remove material that MedMaster believes in good faith, upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available through the Website or Services, and (b) remove any Submissions posted to the Site by “repeat infringers.” MedMaster considers a “repeat infringer” to be any User that has uploaded Submissions to the Site and for whom MedMaster has received more than one takedown notices compliant with the provisions of 17 U.S.C. 512(c) with respect to such Submission. MedMaster has discretion, however, to terminate the account of any User after receipt of a single notification of claimed infringement or upon MedMaster’ own determination.
Notice and Procedures for Making Claims of Copyright or Other Intellectual Property Infringements.
If you believe that any content made available on or through the Website or Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a “Notification of Claimed Infringement” containing the following information to the Designated Agent identified below. Your communication must include substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
- Identification of works or materials being infringed, or, if multiple works are covered by a single notification, a representative list of such works;
- Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit MedMaster to locate the material;
- Information reasonably sufficient to permit MedMaster to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
- A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You should consult with your own lawyer and/or see 17 U.S.C. 512 to confirm your obligations to provide a valid notice of claimed infringement.
MedMaster’ Designated Agent for notices of claimed infringement can be contacted at:
- Via E-mail: [email protected]
- Via U.S. Mail: MedMaster Corporation, Attn: DMCA, PO Box 640028, Miami, FL 33164.
If you receive a notification from MedMaster that material made available by you on or through the Site has been the subject of a Notification of Claimed Infringement, then you will have the right to provide MedMaster with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to MedMaster’s Designated Agent through one of the methods identified above, and include substantially the following information:
- A physical or electronic signature of the subscriber;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which Company may be found, and that the subscriber will accept service of process from the person who provided notification above or an agent of such person.
A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.
The Copyright Act provides that:
[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [MedMaster] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it. 17 U.S.C. 512(f).
MedMaster reserves the right to seek damages from any party that submits a notification of claimed infringement or counter notification in violation of the law.
For the avoidance of doubt, only notices submitted under the Digital Millennium Copyright Act and the procedures set forth in this section should be sent to the Designated Agent at [email protected]or to the postal address identified above. Any other comments, compliments, complaints or suggestions about MedMaster, the operation of the Site or any other matter should be sent to [email protected].
The Website and Services may contain links to third-party sites or resources. We do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from external sites or resources linked to the Services. Transactions that occur between you and any third party are strictly between you and the third party and are not the responsibility of MedMaster.
MedMaster welcomes you to link to the Website or Services. You may establish a hypertext link to the Website or Services, provided that the link does not state or imply any sponsorship or endorsement of your site, company, product and/or service by MedMaster. You may not use on your site any trademarks, service marks or copyrighted materials appearing on the Website or Services, including but not limited to any logos, without the express written consent or an explicit license of the owner of the mark or right. You may not frame or otherwise incorporate into another site any of the Content or other materials on the Services without prior written consent of MedMaster.
Disclaimer of warranties and liability
We provide the Website and Services using a commercially reasonable level of skill and care, but neither MedMaster nor its suppliers or licensors make any specific promises about the Website or Services, including the Content or any Submission therein. For example, we don’t make any commitment that the operation of the Website or Services will be uninterrupted or error-free; that any defects will be corrected; that the Website or Services, including the server that makes them available, are free of viruses or other harmful components; or as to the accuracy, completeness, reliability, availability, suitability, quality, non-infringement, operation or result obtained from the use of any Content or Submission provided on, accessible from or distributed through the Website or Services.
MEDMASTER AND ITS SUPPLIERS AND LICENSORS PROVIDE THE WEBSITE AND SERVICES AND ALL CONTENT AND ANY SUBMISSION INCLUDED IN OR ACCESSIBLE FROM THE SERVICES “AS IS” AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND (EXPRESS, IMPLIED AND STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF TITLE AND NONINFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), ALL OF WHICH MEDMASTER AND ITS SUPPLIERS AND LICENSORS DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW. YOUR USE OF THE SERVICES AND ALL CONTENT AND SUBMISSIONS, INCLUDED IN OR ACCESSIBLE FROM THE SERVICES ARE AT YOUR SOLE RISK.
To the extent permitted under applicable law, neither MedMaster nor its suppliers and licensors assume responsibility for any injury and/or damage to persons, animals or property as a matter of products liability, malpractice, failure to warn, negligence or otherwise, or from any use or operation of any ideas, instructions, methods, tests, products or procedures displayed on the Services or incorporated in the Content or any Submission included in or accessible from the Services. Practitioners, students, and researchers must rely on their own experience, knowledge and judgment in evaluating or applying any information, which remains their professional responsibility. Because of rapid advances in the medical sciences and changes in government regulations and clearances, we recommend that independent verification of diagnoses, treatments, indications choice of drugs and drug dosages should be made. Discussions, views, and recommendations expressed may not be considered absolute and universal for every situation. MedMaster remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. MedMaster will not be liable for the failure by any user of the Services, Content or Submission to use due care in the use and validation of results made available through the Services or included in the Content or any Submission, nor will MedMaster be liable for any medical treatment provided by users to their patients, whether or not the Services, Content or Submission were used in connection with such treatment.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL MEDMASTER OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, PERSONAL INJURY (INCLUDING DEATH), LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICES OR THE CONTENT OR SUBMISSIONS, OR SHALL THE LIABILITY OF MEDMASTER OR ITS SUPPLIERS AND LICENSORS EXCEED A SUM EQUAL TO THE FEES PAID BY YOU HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MedMaster does not claim ownership, endorse or take responsibility for any third-party products, information, guidelines, materials or services that may be offered, advertised, provided or displayed on the Website or Service or incorporated in the Content or any Submission contained on, accessible from or distributed through the Services.
You hereby agree to indemnify and hold MedMaster, its directors, officers, shareholders, predecessors, successors in interest, employees, agents, suppliers and licensors harmless from and against any and all third-party claims of liability, losses, damages and costs, including, without limitation, reasonable attorneys’ or legal fees, arising out of or in connection with your violation of these Terms and Conditions, and your use of or inability to use any of the Services or the Content or Submissions.
Registered user grant of license
Some Services may require you to register. If registration is required, you agree to provide accurate and complete registration information. It is your responsibility to inform MedMaster of any changes to that information. Each registration is for a single individual only, unless specifically designated otherwise on the registration page. MedMaster does not permit a) anyone other than you to use the sections requiring registration by using your name or password; or b) access through a single name being made available to multiple users on a network or otherwise. As a registered user of a Service, MedMaster grants to you a non-transferable, non-exclusive and revocable license to use the Service according to these Terms and Conditions. Except as expressly granted herein or in any other agreement you have with MedMaster, you acquire no right, title or license in the Service or any Content or Submission accessed from or incorporated in the Service.
Password use and security
If you use a password to access a Service, you must not reveal your password and must take reasonable steps to keep your password confidential and secure. You agree to immediately notify MedMaster if you become aware of or have reason to believe that there is any unauthorized use of your password or account or any other breach of security. MedMaster is in no way liable for any claims or losses related to the use or misuse of your password or account due to the activities of any third party outside of our control or due to your failure to maintain their confidentiality and security.
About these terms and conditions
Term and Termination: Any license granted to you to use any Service is effective until it expires, until MedMaster terminates it, or until you provide notice to MedMaster of your decision to terminate it. Your rights under the license will terminate automatically without notice to you if you fail to comply with any of the provisions of these Terms and Conditions. MedMaster reserves the right to suspend, discontinue or change a Service, or its availability to you, at any time without notice. Upon termination of the license to a Service, you shall cease all use of the Service.
Export Controls: Where the Service, its Content or any Submission consist of software that is subject to US, EU or any other Export Controls, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government, EU or other embargo, or that has been designated by the U.S. Government or the EU as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government, EU or any other list of prohibited or restricted parties.
No Assignment: You may not assign your rights or obligations under these Terms and Conditions to anyone.
No Waiver: Neither failure nor delay on the part of MedMaster to exercise or enforce any right, remedy, power or privilege hereunder nor course of dealing between the parties shall operate as a waiver thereof, or of the exercise of any other right, remedy, power or privilege. No part of these Terms and Conditions shall be deemed waived, and no breach consented to, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. No waiver of any rights or consent to any breaches shall constitute a waiver of any other rights or consent to any other breach.
Additional Terms: Additional or superceding terms and conditions may apply to purchases or supply of goods or services including intellectual property, to specific portions or features of a Service, and to subscriptions or licenses with institutions with which you may be employed or affiliated. If there is a conflict between these Terms and Conditions and the terms that are posted for or applicable to a specific portion of the Service, for any service offered on or through the Service, or set forth in an institutional subscription or license agreement, the latter terms shall control.
Compliance with Laws: You agree to comply with relevant laws and regulations that apply to your use of the Services, Content or any Submission.
Severability: If any provision in these Terms and Conditions is held invalid or unenforceable under applicable law, the remaining provisions shall continue in full force and effect.
Governing Laws and Venue: All matters relating to your access to or use of the Services, including all disputes, shall be governed by and construed in accordance with the laws of The United States, without regard to its conflicts of law principles. The exclusive jurisdiction and venue with respect to any action or suit arising out of or pertaining to the subject matter hereof shall be the courts of competent jurisdiction located in Broward County, Florida. Any claim arising out of or in connection with your use of or inability to use the Service or the Content or any Submission must be brought within one (1) year after the event or such claim is barred.
Changes: MedMaster reserves the right to change, modify, add or remove portions of these Terms and Conditions at its sole discretion at any time and without prior notice. Please check these Terms and Conditions periodically for any modifications. Your continued use of any Service following the posting of any changes will mean that you have accepted and agreed to the changes.
To ask questions or provide comment about these Terms and Conditions, contact us at [email protected]or write to us at MedMaster, Inc., Attn: Privacy, PO Box 640028, Miami, FL 33164.
These Terms and Conditions were last updated on: 08/19/2020.