B. User License
Except as specifically authorized in writing by RadioMD, you may not deep-link to the Website for any purpose or access the Website manually or with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, or monitor any portion of the Website or any information, content, or material on the Website. RadioMD reserves all of its statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of the Website or any content contained therein, whether in whole or in part, without prior written consent from RadioMD. You may promote and share the Website and Website content via social networking technology reference on the Website.
Any rights not expressly granted herein are reserved.
b. User Conduct. RadioMD requires that all users of RadioMD Website services (the "Services") conduct themselves with respect for others. In particular, please observe the following rules in your use of the Services:
1. Abusive Behavior: Do not harass, threaten, or defame any person or entity. Do not contact any person who has requested no further contact. Do not use ethnic or religious slurs against any person or group.
2. Privacy: Do not violate the privacy rights of any person. Do not collect or disclose any personal address, social security number, or other personally identifiable information without each holder's written permission. Do not cooperate in or facilitate identity theft.
3. Children Under 13: Do not use the Website or the Services or submit content to or through the Website if you are under the age of 12.
4. Intellectual Property: Do not infringe upon the copyrights, trademark rights, trade secret rights, or other intellectual property rights of any person or entity. Do not reproduce, publish, or disseminate software, audio recordings, video recordings, photographs, articles, or other works of authorship without the written permission of the copyright holder.
5. User Generated Content: You may not post any content on the Website that:
- contains vulgar, profane, abusive, hateful, or sexually explicit language, epithets or slurs, text in poor taste, inflammatory attacks of a personal, sexual, racial or religious nature, or expressions of bigotry, racism, discrimination or hate;
- is defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, or unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights or right of publicity of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity;
- unfairly interferes with any third party's uninterrupted use and enjoyment of the Website;
- advertises, disparages, promotes or offers to trade any goods or services in any manner that does not comport with the purpose or spirit of the Website;
- is intended primarily to promote a cause or movement, whether political, religious or other;
- contains copyrighted content (copyrighted articles, illustrations, images, text, or other content) without the express permission of the owner of the copyrights in the content;
- constitutes, promotes or encourages illegal acts, the violation of any right of any individual or entity, the violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability;
- discloses any personal identifying information relating to or images of a minor without consent of a parent, guardian or educational supervisor;
- infringes any copyright, trademark, patent, trade secret, or other intellectual property right;
- contains viruses or other harmful, disruptive or destructive files;
- links to any commercial or other website; and/or
6. Commercial Activity: Do not use the Website to engage in commercial activities apart from sanction use of the RadioMD Services.
7. Hacking, Viruses, & Network Attacks: Do not access any computer or communications system without authorization, including the computers used to provide the Services. Do not attempt to penetrate or disable any security system. Do not intentionally distribute a computer virus, launch a denial of service attack, or in any other way attempt to interfere with the functioning of any computer, communications system, or website. Do not attempt to access or otherwise interfere with the accounts of other users of the Services.
8. Spam: Do not send bulk unsolicited e-mails ("Spam") or sell or market any product or service advertised by or connected with Spam. Do not facilitate or cooperate in the dissemination of Spam in any way. Do not violate the CAN-Spam Act of 2003.
9. Fraud: Do not issue fraudulent offers to sell or buy products, services, or investments. Do not mislead anyone about the details or nature of a commercial transaction. Do not commit fraud in any other way.
10. Violations of Law: Do not violate any law.
c. Harm From Commercial Use. You agree that the consequences of commercial use or re-publication of content or information from the Website may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy and that RadioMD will be entitled to temporary and permanent injunctive relief to prohibit such use.
C. RadioMD License
b. Disclaimer of Responsibility for Material. User-Generated Content is not endorsed by RadioMD, and does not represent the views of RadioMD or its parents, subsidiaries and affiliates, agents, officers or directors. You acknowledge and agree that RadioMD does not control User-Generated Content, and disclaims any responsibility for it. RadioMD specifically disclaims any duty, obligation, or responsibility, to review, screen, refuse to post, remove, or edit any User-Generated Content. In addition, RadioMD does not represent or warrant that any other content or information accessible via the Website is accurate, complete, or current. RadioMD assumes no responsibility or liability for any errors or omissions in the content of the Website.
D. Proprietary Rights
E. Termination and Modifications to the Website
RadioMD reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Website and/or Services offered on or through the Website (or any part thereof), including but not limited to the Website’ features, look and feel, and functional elements and related services.
G. Disclaimer of Warranties
THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS AVAILABLE THROUGH THE SITE (WHETHER PROVIDED BY RADIOMD, YOU, OTHER USERS OR OTHER THIRD PARTIES), INCLUDING WITHOUT LIMITATION, LIVE STREAMING PROGRAMS, EXPERT BLOGS, ON-DEMAND VIDEOS, ARTICLES, RECIPES, OUR HEALTH AND WELLNESS NEWSLETTER, USER-GENERATED CONTENT, TEXT, PHOTOS, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, RADIOMD DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
H. Health And Wellness Advice Disclaimer
The Website and Services content provide general information relating to health and are not intended to constitute advice or specific recommendations relating to any particular person, ailment, disease or condition or otherwise substitute for a consultation with a qualified medical doctor. RadioMD encourages you to always seek the advice of your own doctor relating to any of your health concerns. RadioMD makes no representations or warranties as to the accuracy or reliability of the Website and Services content. The Website and Services content are provided on an “as is” basis. You should check other sources to insure accuracy of information and should not rely on the information given here. Reliance on any information provided by RadioMD RadioMD employees, others appearing on the Website or in Services content or other visitors to the Website is solely at your own risk. RadioMD does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website or in Services content. If you think you may have a medical emergency, call your doctor or 911 immediately.
I. Limitation of Liability
IN NO EVENT SHALL RADIOMD BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF RADIOMD HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED ON OR THROUGH THE WEBSITE. RADIOMD ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE SITE. RADIOMD ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE SITE, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITE LINKED TO THIS SITE, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL RADIOMD’S 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 $100.
J. Cancellation, Termination, Transfer, and Expiration of Account or Services
Upon cancellation or termination by either party, of your account, your password, and/or use of any service provided on or through the Website, you will have no right to any User-Generated Content you have provided, and RadioMD may temporarily or permanently block access to, remove, deactivate, delete, and discard all such User-Generated Content. RadioMD accepts no liability for removed or deleted User-Generated Content. In addition, any contracts (verbal, written, or assumed) with respect to your account, User-Generated Content, and/or use of any service on the Website, will be terminated at RadioMD’s discretion. You agree that RadioMD shall not be liable to you or any third-party for any termination of your access to any service.
Upon suspension, cancellation, or termination of your account or your use of any service provided on or through the Website (for whatever reason), there shall be no refund of money you paid to RadioMD, if any.
K. Your account, password, and security
You are responsible for maintaining the confidentiality and security of your account and password, and you are fully responsible for all activities that occur under your password or account, and for any other actions taken in connection with the account or password. You agree to (a) immediately notify RadioMD of any known or suspected unauthorized use(s) of your password or account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password (or credit card information, if applicable); and (b) ensure that you exit from your account at the end of each session. RadioMD will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your account and/or password.
As a courtesy to you, the Website offers links to the websites of partners featured on the Website and linked advertisements (“Links”). RadioMD is not responsible for the contents of any website pages created and maintained by organizations independent of RadioMD. Visiting any such third-party website pages is at your own risk. RadioMD has no control of these third-party website pages, nor can it guarantee the accuracy, completeness, or timeliness of information in third-party website pages. Your use of such information is voluntary, and your reliance on such information should be made only after independent review. References to commercial products or services within any such third-party website pages do not constitute or imply an endorsement by RadioMD. By using the Website you acknowledge that RadioMD is responsible neither for the availability of, nor the content located on or through any third-party website pages.
RadioMDTM is a common law trademark of RadioMD. The trademark (as well as other trademarks that RadioMD may use or register) and other logos, and names of RadioMD, used on or in connection with the Website may not be used in connection with any product or service that is not under RadioMD’s ownership or control. Furthermore, such trademarks may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits RadioMD. All other trademarks not owned by RadioMD (or its affiliates) that appear on the Website are the property of their respective owners.
O. Jurisdiction, Applicable Law, and Limitations
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