MedLink®, LLC Terms and Conditions of Use
BY USING MEDLINK.COM SERVICES, YOU AGREE TO THESE TERMS AND CONDITIONS. PLEASE READ THEM CAREFULLY. MedLink, LLC (“we”, “us”, “our”) provides the content (including text, articles, patient handouts, drawings, images, videos and audio recordings) (collectively the “Content”) published and posted on www.MedLink.com to you as a Service (“Service” or “Services”refers to the Content together with all other features, functions and software on our website).The Service is provided to you subject to all of the following Terms and Conditions of Use (including the MedLink, LLC Privacy Notice incorporated herein and forming part hereof). By using the Service, you agree to be legally bound by these Terms and Conditions of Use, in addition to any Group or Enterprise License Agreement which may exist between MedLink, LLC and you or the institution or organization through which you obtain access to the Service.
Subject to your compliance with these Terms and Conditions of Use, and your payment of any applicable fees, MedLink, LLC or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services. This license does not include any resale or commercial use of any Service or the Content or any part thereof, any derivative use of any Service or the Content or any part thereof; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms and Conditions of Use are reserved and retained by MedLink, LLC or its licensors, suppliers, publishers, rightsholders, or other content providers. No Service or Content or any part thereof, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of MedLink, LLC, or other than as expressly permitted herein. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MedLink, LLC without express written consent. You may not use any meta tags or any other "hidden text" utilizing MedLink’s name or trademarks without the express written consent of MedLink, LLC. You may not misuse the Content or Services or any part thereof. You may use the Services only as permitted by law.
You agree not to use the MedLink.com website or the Services for any unlawful purpose, or any purpose prohibited by these Terms and Conditions of Use or the terms of any Subscriber, Group or Enterprise License Agreement applicable to you. You may not use the MedLink.com website in any manner that could damage, disable, overburden, or impair any MedLink server, or the networks connected to any MedLink server, or interfere with any other party’s use and enjoyment of the MedLink.com website. You may not obtain or attempt to obtain unauthorized access to any portion of the MedLink.com website or servers, other accounts, computer systems, or networks connected to any MedLink server, through hacking, password or data mining, or by any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available to you on the MedLink.com website. The licenses granted by MedLink, LLC terminate if you do not comply with these Terms and Conditions of Use.
The MedLink.com website is designed and built to offer its users health information for educational purposes only. The health information provided on MedLink.com is not intended to replace personal consultation with a qualified health care professional, and the advice of a qualified health care professional should always be obtained for questions related to your disease, disease symptoms, and appropriate therapeutic treatments. Any person who suspects that they may have a medical problem or condition should immediately consult with a qualified health care professional. No person should ever delay or disregard any medical advice because of anything they have seen or read on MedLink.com.
Our Services are intended for your personal non-commercial use. You may need your own MedLink.com account in order to access or use some or all of the Services. If you create an online account to utilize the Services, you agree to complete the registration process by providing current, accurate and complete information as required by MedLink, LLC. You are responsible for all activity that occurs under your account with MedLink.com, and you agree to notify MedLink, LLC immediately of any unauthorized use of your account. You may not use the account of any other person, and sharing of log in, user name or password information is prohibited. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.
Our Service and all items of Content that we publish are owned or controlled by us or the party credited as the provider of Content. You agree to abide by all applicable U.S. and international copyright laws and agreements. You must not modify, reproduce, transmit, sell, create derivative works of, display, store, place on a server, allow remote access to, or exploit in any way any of the Content or the Service (including software code) in whole or in part without prior written permission from us or other designated copyright holder, except as follows: You may distribute up to 50 (fifty) copies of Clinical Summaries or excerpts thereof, downloaded within the limits specified herein, for noncommercial, educational purposes. You may publicly display Clinical Summaries or excerpts thereof to audiences limited to 250 persons, for noncommercial, educational purposes for up to two years after the Last Reviewed date, which is shown near the top of each article, provided that you retain or add all relevant copyright and other notices and acknowledge MedLink® Neurology and MedLink, LLC as their source. You may print articles and graphics for personal, clinical, educational or research use, provided that such material is printed directly from our website and the copyright statements are clearly visible. Our users may also email individual items from our website to colleagues and patients as permitted by our website’s functionality. Please send e-mail to firstname.lastname@example.org to obtain permission for other kinds or volumes of uses, including re-publication, or placement on your or another website that is not restricted to audiences as specified herein.
MedLink, LLC hereby reserves all of its legal rights with respect to the Content and the Service which are not expressly granted to you under these Terms and Conditions of Use.
Fees and Cancellation
If you are a fee-based user, or member of a Group or Enterprise that pays a fee for group access, we provide access to our Service and Content subject to timely payment of applicable fees and any applicable taxes at the times and in the manner set out in your subscription or in any applicable Group or Enterprise Agreement. Non payment of fees at the required time or times may result in immediate suspension or termination of access to Services and Content.
Forums, Message Boards and Postings
You must not post any libelous, defamatory, obscene, pornographic, abusive, threatening, infringing of any intellectual property rights, invasive of privacy rights or otherwise illegal or offensive or injurious to third parties or objectionable (in our sole judgment) messages in our forums, message boards or on any postings on our website. You must not post blank or meaningless messages, gibberish, spam, or messages intended primarily either to benefit or maliciously assault institutions, organizations or commercial enterprises. No posting by you may consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. You are solely responsible for the content of your messages and postings. We reserve the right (but not the obligation) to delete or remove messages or postings or edit subject lines thereof. You acknowledge that any messages that you post become our intellectual property and you waive all rights, including moral rights, to them. We reserve the right to bar any individual who violates these terms from posting messages, without any liability to us and without reducing the fees that we charge for access to the Service.
If you do post content or submit material, and unless we indicate otherwise, you grant MedLink, LLC a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant MedLink, LLC and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify MedLink, LLC for all claims resulting from content you supply. MedLink, LLC has the right but not the obligation to monitor and edit or remove any activity or content and takes no responsibility and assumes no liability for any content posted by you or any third party.
User Representations, Warranties and Indemnities
You represent, warrant, and covenant (a) that no materials of any kind submitted through your account (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material. You hereby indemnify, defend and hold us and all officers, managers, directors, owners, agents, employees, information providers, authors, editors, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement or the foregoing representations, warranties and covenants. You must cooperate as fully as reasonably required in the defense of any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. We do not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Service by any user, information provider, author, editor, or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information must be at your sole risk. The Service and Content are published and distributed on an "as is" basis without warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. You hereby acknowledge that use of the service is at your sole risk.
You agree to defend, indemnify and save harmless the Indemnified Parties from all liabilities, losses, claims, damages and expenses, including attorney’s fees, that arise from your use of the MedLink.com website and the Services. MedLink, LLC reserves the right, at its own expense, to assume the exclusive defense, conduct and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with MedLink, LLC in asserting any available defenses.
When you use the Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site, and you amy retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Copyright and Trademarks
All content included in or made available through any Service, such as text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, and software is the property of MedLink, LLC or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Service is the exclusive property of MedLink, LLC and protected by U.S. and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Service are trademarks or trade dress of MedLink, LLC in the U.S. and other countries. MedLink, LLC’s trademarks and trade dress may not be used in connection with any product or service that is not MedLink, LLC’s, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits MedLink, LLC, and may not be used without the express prior written consent of MedLink, LLC. All other trademarks not owned by MedLink, LLC that appear in any Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MedLink, LLC.
MedLink, LLC respects the intellectual property of others. If you believe that your copyrighted work has been copied and is accessible on MedLink.com in a manner that constitutes a copyright infringement, or that your other intellectual property rights have been infringed, please provide a written notice to MedLink, LLC by email to email@example.com or by mail addressed to MedLink, LLC, 10393 San Diego Mission Road, Suite 120, San Diego, California 92108.
Written claims concerning copyright infringement must include the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
The MedLink, LLC Privacy Notice as amended from time to time (most recently published on May 4, 2021) is hereby incorporated into and forms an integral part of these Terms and Conditions of Use, and your use of the Services is hereby made expressly subject to the terms of said Privacy Notice.
Disclaimer of Warranties and Limitations of Liability
OUR SERVCE AND CONTENT ARE PROVIDED FOR EDUCATIONAL PURPOSES ONLY AND ANY RELIANCE ON OUR CONTENT IS SOLELY AT YOUR OWN RISK.
THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY MEDLINK, LLC ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. NEITHER MEDLINK, LLC NOR ANY OF THE INDEMNIFIED PARTIES MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, MEDLINK, LLC AND THE INDEMNIFIED PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAWOR FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USE OF TRADE, AND DO NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, MEDLINK’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM MEDLINK, LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, NEITHER MEDLINK, LLC NOR ANY OF THE INDEMNIFIED PARTIES WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SERVICE, FOR THE INABILITY TO USE THE MEDLINK.COM WEBSITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL,EXEMPLARY, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
MEDLINK, LLC RESERVES THE RIGHT AT ANY TIME AND FROM TIME TO TIME TO CHANGE, ALTER, MODIFY, ADD TO,DISCONTINUE, OR RETIRE ANY ASPECT OR FEATURE OF THE SERVICES OR THE WEBSITE, INCLUDING, BUT NOT LIMITED TO THE HOURS OF AVAILABILITY,<EQUIPMENT NEEDED FOR ACCESS OR USE,OR THE AVAILABILITY OF THE SERVICES ON ANY PARTICULAR DEVICE OR COMMUNICATION SERVICE.MEDLINK, LLC HAS NO OBLIGATION TO PROVIDE YOU WITH NOTICE OF ANY SUCH CHANGES, NOR ANY SUPPORT, ERROR CORRECTIONS, UPDATES,UPGRADES, BUG FIXES, AND/OR ENHANCEMENTS OF THE MEDLINK.COM WEBSITE, EXCEPT AS EXPRESSLY PROVIDED BY YOUR SUBSCRIBER,GROUP OR ENTERPRISE LICENSE AGREEMENT.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. These policies also govern your use of MedLink.com Services. The Agreement resulting from these Terms and Conditions of Use and your use of the Services contain the entire agreement between you, the end-user, and MedLink, LLC, supersede any other oral or written communication relating thereto, and may not be amended or supplemented by any statements of our employees or purchase order or similar form originating from you. We reserve the right to make changes to our site, policies, Service terms, and these Terms and Conditions of Use, at any time and from time to time, without advance notice, and any such changes will be effective and binding upon you immediately upon being posted on our website. It is at all times your responsibility to read the most current policies and Terms and Conditions of Use before using the Services to ensure that you agree to any amendments which may have been made. In the event that any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
By using any Service, you agree that the applicable federal law of the United States, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use and any dispute of any sort that might arise between you and MedLink, LLC. Any action to enforce this Agreement must be brought in the federal or state courts located in San Diego, California which shall have exclusive jurisdiction with respect to such matters.