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Terms of Service
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ACCEPTANCE OF TERMS |
Welcome
to MedeFile. MedeFile provides its service
to you, subject to the following Terms
of Service ("TOS"), which
may be updated by us from time to time
without notice to you. You can review
the most current version of the TOS
at any time at: http://www.medefile.com/tos.asp.
In addition, when using particular MedeFile
services, you shall be subject to any
guidelines we post that are applicable
to such services. All such guidelines
are hereby incorporated by reference
into the TOS. |
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2.
DESCRIPTION OF SERVICE |
MedeFile
currently provides its clients with
ability to gather their medical records
information in a secure, fast, and professional
manner. Unless explicitly stated otherwise,
any new feature that augments or enhance
the current Service, including the release
of new MedeFile branded or co-branded
properties, shall be subject to the
TOS. You understand and agree that the
Service is provided "AS-IS"
and that MedeFile assumes no responsibility
for the timeliness, deletion, mis-delivery
or failure to perform any service or
to store any user communications or
personalization settings, or for the
quality or accuracy of the results of
any service. In order to use the MedeFile
service, you must obtain access to the
World Wide Web, either directly or through
devices that access web-based content,
and pay any service fees associated
with such access. In addition, you must
provide all equipment necessary to make
such connection to the World Wide Web,
including a computer and modem or other
access device. |
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3.
YOUR REGISTRATION OBLIGATIONS |
In
consideration of use of the Service,
you agree to: (a) provide true, accurate,
current and complete information about
yourself as prompted by the MedeFile
registration form (such information
being the "Registration Data")
and (b) maintain and promptly update
the Registration Data to keep it true,
accurate, current and complete. If you
provide any information that is untrue,
inaccurate, not current or incomplete,
or MedeFile has reasonable grounds to
suspect that such information is untrue,
inaccurate, not current or incomplete,
MedeFile has the right to suspend or
terminate your request and or account
and refuse any and all current or future
use of the MedeFile service (or any
Portion thereof). Please remember that
the Service is designed to appeal to
a broad audience. Accordingly, as the
legal guardian, it is your responsibility
to determine whether any of the Services
and/or Content (as defined in Section
6 below) is appropriate for your child.
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4.
MEDEFILE PRIVACY POLICY |
Pursuant
to MedeFile's privacy policy, we may
disclose to third parties certain aggregate
information contained in your Registration
Data or related data, provided that
we will make reasonable efforts to provide
that, such information will not include
personally identifying information,
except as specifically authorized by
you or in the good faith belief that
such action is reasonably necessary
to comply with the law, legal process,
or to enforce the TOS. For more information,
please see our full privacy policy.
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5.
MEMBER ACCOUNT, PASSWORD AND SECURITY |
You
will receive a password and account
designation upon completing the MedeFile
service's registration process. You
are responsible for maintaining the
confidentiality of the password and
account, and are fully responsible for
all activities that occur under your
password or account. You agree to (a)
immediately notify MedeFile of any unauthorized
use of your password or account or any
other breach of security, and (b) ensure
that you exit from your account at the
end of each session. MedeFile cannot
and will not be liable for any loss
or damage arising from your failure
to comply with this Section 5. |
6.
MEMBER CONDUCT |
You
understand that all information, data,
text, software, photographs, graphics,
video, messages or other materials ("Content"),
whether publicly posted or privately
transmitted, are the sole responsibility
of the person from which such Content
originated. This means that you, and
not MedeFile, are entirely responsible
for all Content that you upload, post,
email or otherwise transmit via the
MedeFile service. MedeFile does not
control the Content posted via the Service
and does not guarantee the accuracy,
integrity or quality of such Content.
You understand that by using the Service,
you may be exposed to Content that is
offensive, indecent or objectionable.
Under no circumstances will MedeFile
be liable in any way for any Content,
including, but not limited to, for any
errors or omissions in any Content,
or for any loss or damage of any kind
incurred as a result of the use of any
Content posted, emailed or otherwise
transmitted via the Service. You agree
to not use the Service to: upload, post,
email or otherwise transmit any Content
that is unlawful, harmful, threatening,
abusive, harassing, tortuous, defamatory,
vulgar, obscene, libelous, invasive
of another’s privacy, hateful,
or racially, ethnically or otherwise
objectionable; harm minors in any way;
impersonate any person or entity, including,
but not limited to, a MedeFile official,
forum leader, guide or host, or falsely
state or otherwise misrepresent your
affiliation with a person or entity;
forge headers or otherwise manipulate
identifiers in order to disguise the
origin of any Content transmitted through
the Service; upload, post, email or
otherwise transmit any Content that
you do not have a right to transmit
under any law or under contractual or
fiduciary relationships (such as inside
information, proprietary and confidential
information learned or disclosed as
part of employment relationships or
under nondisclosure agreements); upload,
post, email or otherwise transmit any
Content that infringes any patent, trademark,
trade secret, copyright or other proprietary
rights ("Rights") of any party;
upload, post, email or otherwise transmit
any unsolicited or unauthorized advertising,
promotional materials, "junk mail,"
"spam," "chain letters,"
"pyramid schemes," or any
other form of solicitation, except in
those areas (such as shopping rooms)
that are designated for such purpose;
upload, post, email or otherwise transmit
any material that contains software
viruses or any other computer code,
files or programs designed to interrupt,
destroy or limit the functionality of
any computer software or hardware or
telecommunications equipment; disrupt
the normal flow of dialogue, cause a
screen to "scroll" faster
than other users of the Service are
able to type, or otherwise act in a
manner that negatively affects other
users’ ability to engage in real
time exchanges; interfere with or disrupt
the Service, servers or networks connected
to the Service, or disobey any requirements,
procedures, policies or regulations
of networks connected to the Service;
intentionally or unintentionally violate
any applicable local, state, national
or international law, including, but
not limited to, regulations promulgated
by the U.S. Securities and Exchange
Commission, any rules of any national
or other securities exchange, including,
without limitation, the New York Stock
Exchange, the American Stock Exchange
or the NASDAQ, and any regulations having
the force of law; "stalk"
or otherwise harass another; or collect
or store personal data about other users.
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7.
SPECIAL ADMONITIONS FOR INTERNATIONAL
USE |
Recognizing
the global nature of the Internet, you
agree to comply with all local rules
regarding online conduct and acceptable
Content. Specifically, you agree to
comply with all applicable laws regarding
the transmission of technical data exported
from the United States or the country
in which you reside. |
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8.
MEDEFILE CONTENT |
MedeFile
is an independent medical information-gathering
source and information repository. Our
job is to get your request for your
medical records filled securely, efficiently
and as quickly as possible. By submitting
Content to any MedeFile property, you
automatically grant, or warrant that
the owner of such Content has expressly
granted, MedeFile the royalty-free,
perpetual, irrevocable, non-exclusive
and fully sub-licensable right and license
to use, reproduce, modify, adapt, publish,
translate, create derivative works from,
distribute, perform and display such
Content (in whole or part) worldwide
and/or to incorporate it in other works
in any form, media, or technology now
known or later developed. You acknowledge
that MedeFile does not prescreen Content,
but that MedeFile and its designees
shall have the right (but not the obligation)
in their sole discretion to refuse,
edit, move or remove any Content that
is publicly available via the Service.
Without limiting the foregoing, MedeFile
and its designees shall have the right
to remove any Content that violates
the TOS or is otherwise objectionable.
You agree that you must evaluate, and
bear all risks associated with, the
use of any Content, including any reliance
on the accuracy, completeness, or usefulness
of such Content. In this regard, you
acknowledge that you may not rely on
any Content created by MedeFile or submitted
to MedeFile, including without limitation
information in any MedeFile Services.
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9.
INDEMNITY |
You
agree to defend, indemnify and hold
MedeFile, and its subsidiaries, affiliates,
officers, agents, co-branders or other
partners, and employees, harmless from
any claim or demand, including reasonable
attorneys' and experts' fees, made by
any third party due to or arising out
of the content of your MedeFile, your
use of the Medefile service, your connection
to the service, your violation of the
TOS, or your violation of any rights
of another. |
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10.
NO RESALE OF SERVICE |
You
agree not to reproduce, duplicate, copy,
sell, resell or exploit for any commercial
purposes, any portion of the MedeFile
Service, use of the Service, or access
to the Service. |
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11.
GENERAL PRACTICES REGARDING USE AND
STORAGE |
You
acknowledge that MedeFile may establish
general practices and limits concerning
use of the Service, including without
limitation the maximum number of days
that uploaded Content will be retained
by the Service, the maximum number of
email messages that may be sent from
or received by an account on the Service,
the maximum size of any content
that may be sent from or received by
an account on the Service, the maximum
disk space that will be allotted on
MedeFile’s servers on your behalf,
and the maximum number of times (and
the maximum duration for which) you
may access the Service in a given period
of time. You agree that MedeFile has
no responsibility or liability for the
deletion or failure to store any medical information or
other communications or other Content
maintained or transmitted by the Service.
You acknowledge that MedeFile reserves
the right to log off accounts that are
inactive for an extended period of time.
You further acknowledge that MedeFile
reserves the right to change these general
practices and limits at any time, in
its sole discretion with or without
notice. |
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12.
MODIFICATIONS TO SERVICE |
MedeFile
reserves the right at any time and from
time to time to modify or discontinue,
temporarily or permanently, the Service
(or any part thereof) with or without
notice. You agree that MedeFile shall
not be liable to you or to any third
party for any modification, suspension
or discontinuance of the service. |
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13.
TERMINATION |
You
agree that MedeFile, in its sole discretion,
may terminate your password, account
(or any part thereof) or use of the
Service, and remove and discard any
Content within the Service, for any
reason, including, without limitation,
for lack of use or if MedeFile believes
that you have violated or acted inconsistently
with the letter or spirit of the TOS.
MedeFile may also in its sole discretion
and at any time discontinue providing
the Service, or any part thereof, with
or without notice. You agree that any
termination of your access to the Service
under any provision of this TOS may
be effected without prior notice, and
acknowledge and agree that MedeFile
may immediately deactivate or delete
your account and all related information
and files in your account and/or bar
any further access to such files or
the Service. Further, you agree that
MedeFile shall not be liable to you
or any third-party for any termination
of your access to the Service. You acknowledge
that the allocation of risks set forth
herein reflect the economic terms of
this TOS. |
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14.
DEALINGS WITH ADVERTISERS |
Your
correspondence or business dealings
with, or participation in promotions
of, advertisers found on or through
the Service, including payment and delivery
of related goods or services, and any
other terms, conditions, warranties
or representations associated with such
dealings, are solely between you and
such advertiser. You agree that MedeFile
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 Service. |
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15.
LINKS |
The
Service may provide, or third parties
may provide, links to other World Wide
Web sites or resources. Because MedeFile
has no control over such sites and resources,
you acknowledge and agree that MedeFile
is not responsible for the availability
of such external sites or resources,
and does not endorse and is not responsible
or liable for any Content, advertising,
products, or other materials on or available
from such sites or resources. You further
acknowledge and agree that MedeFile
shall not be responsible or liable,
directly or indirectly, for any damage
or loss caused or alleged to be caused
by or in connection with use of or reliance
on any such Content, goods or services
available on or through any such site
or resource. |
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16.
MEDEFILE'S PROPRIETARY RIGHTS |
You
acknowledge and agree that the Service
and any necessary software used in connection
with the Service ("Software")
contain proprietary and confidential
information that is protected by applicable
intellectual property and other laws.
You further acknowledge and agree that
Content contained in sponsor advertisements
or copyrights, trademarks, service marks,
patents or other proprietary rights
and laws protect information presented
to you through the Service or advertisers.
Except as expressly authorized by MedeFile
or advertisers, you agree not to modify,
rent, lease, loan, sell, distribute
or create derivative works based on
the Service or the software, in the
whole or in part.
MedeFile grants you a temporary personal,
nontransferable and non-exclusive right
and license during the term of this
TOS to use the object code of its Software
on a single computer; provided that
you do not (and do not allow any third
party to) copy, modify, create a derivative
work of, reverse engineer, reverse assemble
or otherwise attempt to discover any
source code, sell, assign, sublicense,
grant a security interest in or otherwise
transfer any right in the Software.
You agree not to modify the Software
in any manner or form, or to use modified
versions of the Software, including
(without limitation) for the purpose
of obtaining unauthorized access to
the Service. You agree not to access
the Service by any means other than
through the interface that is provided
by MedeFile for use in accessing the
service. |
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17.
DISCLAIMER OF WARRANTIES |
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE
RISK. THE SERVICE IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE"
BASIS. MEDEFILE EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. MEDEFILE
MAKES NO WARRANTY THAT (i) THE SERVICE
WILL MEET YOUR REQUIREMENTS, (ii) THE
SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (iii) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF
THE SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE SERVICE
WILL MEET YOUR EXPECTATIONS, AND (v)
ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SERVICE
IS DONE AT YOUR OWN DISCRETION AND
RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF ANY SUCH MATERIAL.
d) NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM
MEDEFILE OR THROUGH OR FROM THE SERVICE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TOS.
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18.
LIMITATION OF LIABILITY |
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT
MEDEFILE SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, GOODWILL, USE,
DATA OR OTHER INTANGIBLE LOSSES (EVEN
IF MEDEFILE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM: (i) THE USE OR THE INABILITY TO
USE THE SERVICE; (ii) THE COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES RESULTING
FROM ANY GOODS, DATA, INFORMATION OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA; (iv) STATEMENTS OR CONDUCT
OF ANY THIRD PARTY ON THE SERVICE; OR
(v) ANY OTHER MATTER RELATING TO THE
SERVICE. |
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19.
EXCLUSIONS AND LIMITATIONS |
SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF CERTAIN WARRANTIES OR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
SOME OF THE ABOVE LIMITATIONS OF SECTIONS
17 AND 18 MAY NOT APPLY TO YOU. |
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20.
SPECIAL ADMONITION FOR SERVICES RELATING
TO FINANCIAL MATTERS |
MedeFile
shall not be responsible or liable for
the accuracy, usefulness or availability
of any information transmitted via the
MedeFile Service, and shall not be responsible
or liable for any trading or investment
decisions made based on such information. |
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21.
NOTICES |
Notices
to you may be made via either email
or regular mail. The Service may also
provide notices of changes to the TOS
or other matters by displaying notices
or links to notices to you generally
on the service. |
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22. COPY CHARGE AUTHORIZATION |
I hereby authorize MedeFile to charge my credit card for any and all copy charges charged by doctors or any healthcare facility on my list. MedeFile agrees to provide, upon request, a copy of the invoice received from the originating doctor or facility for my records. These record copy charges are not disputable. |
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23.
TRADEMARK INFORMATION |
MedeFile,
the MedeFile logo, and other MedeFile
logos and product and service names
are trademarks of MedeFile, Inc. (the
"MedeFile Marks"). Without
MedeFile's prior permission, you agree
not to display or use these in any manner,
the MedeFile Marks. |
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24.
COPYRIGHTS and COPYRIGHT AGENTS |
MedeFile's
Copyright Agent for Notice of claims
of copyright infringement on its site
is Mr. M. Davis who can be reached as
follows:
By mail:
Copyright Agent
c/o MedeFile
240 Cedar Knolls Road Suite 309
Cedar Knolls, New Jersey 07927
By Email: [email protected]
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25.
RENEWAL, CANCELLATION AND RECORDS CHARGES |
The MedeFile subscription fee includes a thirty-five ($35.00) activation fee per user for the first year of membership. This activation fee is non-refundable under any condition including termination of service. In addition, the subscriber agrees that should there be any charges by physicians, hospitals or any other healthcare facility providing copies of records for the patient/member these charges will be charged on a penny for penny basis to the member's credit card and are non -disputable.
The MedeFile subscription fee is due annually and, unless requested in writing at least 10 days in advance, will be automatically renewed each year on the anniversary date of the inital enrollment. The subscriber agress to this charge in advance.
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26.
GENERAL INFORMATION |
The
TOS constitute the entire agreement
between you and MedeFile and govern
your use of the Service, superseding
any prior agreements between you and
MedeFile. You also may be subject to
additional terms and conditions that
may apply when you use affiliate services,
third-party content or third-party software.
The TOS and the relationship between
you and MedeFile shall be governed by
the laws of the State of Nevada without
regard to its conflict of law provisions.
You and MedeFile agree to submit to
the personal and exclusive jurisdiction
of the courts located within the county
Carson City, Nevada. The failure of
MedeFile to exercise or enforce any
right or provision of the TOS shall
not constitute a waiver of such right
or provision. If any provision of the
TOS is found by a court of competent
jurisdiction to be invalid, the parties
nevertheless agree that the court should
endeavor to give effect to the parties'
intentions as reflected in the provision,
and the other provisions of the TOS
remain in full force and effect. You
agree that regardless of any statute
or law to the contrary, any claim or
cause of action arising out of or related
to use of the Service or the TOS must
be filed within one (1) year after such
claim or cause of action arose or be
forever barred.
The section titles in the TOS are
for convenience only and have no legal
or contractual effect.
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