PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE, THEY MAY HAVE
CHANGED SINCE YOUR LAST VISIT.
By using this website, you indicate your acceptance of these Terms and Conditions. If you do not
agree with all of these Terms and Conditions, do not use this website.
MedHelp International, (MedHelp) does not provide medical advice.
The contents of MedHelp's website (the "MedHelp Site"), such as text, graphics, images, information
obtained from MedHelp's medical partners, sponsors, advertisers, licensors, and other material
(collectively the "Content") are for informational purposes only. The Content is not intended to
be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice
of your physician or other qualified health provider with any questions you may have regarding a
medical condition.
If you think you may have a medical emergency, call your doctor or 911 immediately.
MedHelp does not recommend or endorse any specific tests, products, procedures, opinions, or other information
that may be mentioned on the MedHelp Site. Reliance on any information provided by MedHelp, MedHelp employees,
others appearing on the Site at the invitation of MedHelp, or other visitors to the Site is solely at your own
risk.
Copyright and Trademark Information
Copyright 1994-2012 MedHelp International, Inc. All rights reserved.
The MedHelp Site, and the information which it contains, is the property of MedHelp and its affiliates
and licensors, and is protected from unauthorized copying and dissemination by United States copyright law,
trademark law, international conventions and other intellectual property laws.
Use of MedHelp Content
MedHelp authorizes you to view or download a single copy of the material on the MedHelp Site solely for your
personal, noncommercial use if you do not remove the copyright and other proprietary rights notices which were
contained in the Content.You must not crawl, scrape, or otherwise cache any content from MedHelp unless you are
an authorized partner. Any special rules for the use of certain software and other items provided on the
MedHelp Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions
by reference.
The Content is protected by copyright under both United States and foreign laws. Title to the Content remains
with MedHelp or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions
is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and
features are subject to change or termination without notice in the editorial discretion of MedHelp. All rights
not expressly granted herein are reserved to MedHelp and its licensors.
Nothing contained on the MedHelp Site should be construed as granting, by implication, estoppel, or otherwise,
any license or right to use this web site or any documents displayed on this web site, through the use of framing
or otherwise, except: (a) as expressly permitted by these Terms and Conditions; or (b) with the prior written
permission of MedHelp or such third party that may own copyrights in material displayed on this web site.
If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates
and you must immediately destroy any copies you have made of any portion of the Content.
Limitation of Liability / Disclaimer of Warranties
The use of the MedHelp Site and the Content is at your own risk.
When using the MedHelp Site, information will be transmitted over a medium which is beyond the control and
jurisdiction of Med Help, its partners, advertisers, sponsors and its suppliers. Accordingly, Med Help assumes
no liability for or relating to the delay, failure, interruption, or corruption of any data or other information
transmitted in connection with use of the MedHelp Site.
THE MedHelp SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS. MedHelp INTERNATIONAL, ITS PARTNERS,
ADVERTISERS, SPONSORS, LICENSORS AND SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES,
EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
Specifically, MedHelp, its licensors, and its suppliers make no representations or warranties about the following:
- The accuracy, reliability, completeness, correctness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the MedHelp Site.
- The satisfaction of government regulations requiring disclosure of information on prescription drug products with regard to the Content contained on the MedHelp Site.
- The accuracy, completeness or correctness, timeliness, or usefulness of any opinions, advice, services, or other information provided through the MedHelp Site.
In no event shall MedHelp International, its partners, sponsors, advertisers, licensors or its suppliers, or any
third parties mentioned on the MedHelp Site be liable for any damages (including, without limitation, incidental,
consequential or other indirect damages, personal injury/wrongful death, lost profits, or damages resulting from
lost data or business interruption) resulting from the use or inability to use the MedHelp Site or the Content,
whether based on warranty, contract, tort, or any other legal theory, and whether or not MedHelp is advised of
the possibility of such damages. MedHelp is not liable for any personal injury, including death, caused by your
use or misuse of the Site, Content, or Public Area (as defined below).
Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought
within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and
Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions. In all
cases, MedHelp shall be liable only to the extent of actual damages incurred by you, not to exceed U.S.$1000.00.
Indemnification
By using the MedHelp International website you agree to indemnify and hold MedHelp, its officers, directors,
employees, affiliates, agents, attorneys, representatives and members harmless from any and all losses, damages,
liabilities, claims, demands, suits, or causes of action (including reasonable attorneys' fees and costs) arising
from your use or misuse of the Med Help Site.
User Submissions
You agree that you will not upload or transmit any communications or content of any type that infringes
upon or violates any rights of any party. By submitting communications or content to any part the MedHelp
Site, you agree that such submission is non-confidential for all purposes. If you make any such submission,
you automatically grant, or warrant that the owner of such content has expressly granted MedHelp a royalty-free,
perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify,
publish, edit, translate, distribute, perform, and display the communication or content in any media or medium,
or any form, format, or forum now known or hereafter developed. MedHelp may sublicense its rights through multiple
tiers of sublicenses.
Forums and Public Areas
USE OF MedHelp INTERNATIONAL FORUMS AND PUBLIC AREAS CONSTITUTES ACCEPTANCE OF ALL OF THE TERMS AND CONDITIONS
DESCRIBED HEREIN
By using the MedHelp Site, you acknowledge and agree that the information contained therein, including responses
from medical professionals, is intended solely for general educational purposes. The information contained on the
website is not intended nor implied to be a substitute for professional medical advice relative to your specific
medical condition. MedHelp does not guarantee monitoring or authentication of the information contained in forums
and chat groups for accuracy, safety, or reliability. Always seek the advice of your physician or other qualified
health provider for any questions you may have regarding your medical condition, or prior to starting any new
treatment.
MEDICAL EMERGENCY:
If you think you may have a medical emergency, call 911 or your healthcare provider immediately!
IF YOU FEEL THREATENED:
If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
ABUSE:
In cases where you believe a person(s) has breached the terms and conditions of the Med Help International
website, please contact MedHelp International IMMEDIATELY. Do not attempt to contact the person yourself and
do not post derogatory comments in any public areas on the MedHelp Site.
MedHelp, its officers, directors, employees, affiliates, agents, attorneys, representatives make no endorsements
of any particular product or treatment, makes no representations and assumes no liability relative to any content,
opinions, comments, e-mail addresses, and/or computer viruses which may be transmitted in any Forum or Public Area.
If you use a Forum or Public Area on the MedHelp Site, you are solely responsible for your own communications, the
consequences of posting those communications, and your reliance on any communications found in the Forums and
Public Areas.
In no event will MedHelp, its officers, directors, employees, affiliates, agents, attorneys, representatives,
partners, sponsors, advertisers or other affiliated persons or entities be liable to you or anyone else for any
decision made or action taken by you or anyone else in reliance upon the information provided through the MedHelp
Site. You will hold MedHelp International its officers, directors, employees, affiliates, agents, attorneys,
representatives, partners, sponsors, advertisers or other affiliated persons or entities harmless for any such
actions or decisions taken by you in reliance upon such information.
By submitting communications or content to the Forms or Public Areas, you agree that such submission is non-confidential for all purposes. You agree to allow MedHelp and all other persons or organizations involved in the operation of the MedHelp Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the MedHelp Site.
Rules for Posting Questions in Forums and Public Areas
In Forums and Public Areas that are being moderated by healthcare professionals, answers will be posted in
the forum and will appear indented beneath the original question, usually within 5 to 10 business days.
MedHelp Public Areas, which includes all areas of the MedHelp Site where users may post content, are for the
exchange of information and support ONLY. In consideration of being allowed to use the Public Areas, you agree
that the following actions shall constitute a material breach of these Terms and Conditions of Use:
- Posting questions or comments by persons under 13 years of age without the consent of their parents.
- Posting your full name(s), or any other confidential or personally identifiable information on the MedHelp International website. *
- Posting names, e-mail addresses, telephone numbers or any other confidential or personally identifiable information of yourself or any person(s) or entities.
- Using a Public Area for any purpose in violation of local, state, federal, or international laws;
- Posting material that infringes on the copyrights or other intellectual property rights of others or on the privacy or publicity rights of others;
- Posting material that is unlawful, obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by MedHelp in its sole discretion.
- Posting advertisements or solicitations of business.
- Posting more than 2 new questions within a 6-month period, in forums (Public Areas) that are limited to the number of new questions accepted daily.
- Posting links to other websites or individuals, without prior written permission from MedHelp.
- Posting chain letters or pyramid schemes.
- Impersonating another person or entity.
- Registering under more than one name and/or e-mail address.
- Distributing viruses or other harmful computer code.
- Harvesting or otherwise collecting information about others, including email addresses, without their consent.
- Allowing any other person or entity to use your identification for posting or viewing comments.
- Posting the same note more than once or "spamming".
- Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of MedHelp, exposes MedHelp or any of its customers, partners or suppliers to any liability or detriment of any type.
- After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form).
*If you disregard this warning and post personal or confidential information (yours or others) on the MedHelp Site,
which you later want removed, there is a fee of up to $25 to remove each posting. You must submit your removal request in
writing, including the URL(s) you want removed. Also you must include your User ID and Password along with a U.S.
check or money order for up to $25 for each URL you wish to have removed to:
MedHelp International, Inc.
929 Market Street
Suite 300
San Francisco, California 94103
U.S.A.
Once the complete URL removal request is received in writing, MedHelp International will make every effort to
remove the posting in a timely manner.
Enforcement of the Rules
MedHelp reserves the right (but is not obligated) to do any or all of the following:
- Record the dialogue in public chat rooms.
- Investigate an allegation that a communication does not conform to these Terms and Conditions and determine in its sole discretion to remove or request the removal of the communication.
- Remove communications which it determines, in its sole discretion, to be abusive, illegal, or disruptive, or that otherwise fail to conform to these Terms and Conditions.
- Terminate a user's access to any or all Public Areas and/or the MedHelp Site upon any breach of any of these Terms and Conditions.
- Terminate a user's access to any or all Public Areas and/or the MedHelp Site if the user's registration information and/or e-mail address is no longer valid.
- Monitor, edit, or disclose any communication in the Public Areas.
- Edit or delete any communication posted on the MedHelp Site, regardless of whether such communication violates these standards.
MedHelp reserves the right to take any other action it deems necessary to protect the personal safety of our guests,
visitors, or the public.
Notice and Takedown Procedures / Copyright Agent
If you believe any materials accessible on or from this web site infringe your copyright, you may request removal
of those materials (or access thereto) from this web site by contacting MedHelp's copyright agent (identified below)
and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
MedHelp's agent for copyright issues relating to this web site is as follows:
Copyright Agent
MedHelp International, Inc. (tm)
929 Market Street
Suite 300
San Francisco, California 94103
Telephone: 415-882-4600
In an effort to protect the rights of copyright owners, MedHelp maintains a policy for the termination, in
appropriate circumstances, of subscribers and account holders of this web site who are repeat infringers.
Children's Privacy
MedHelp conforms to the Children's Online Privacy Protection Act [COPPA]. We will never knowingly request
personally identifiable information from anyone under the age of 13 without parental consent. When we do receive
information (with parental consent) from users under the age of 13, we will never voluntarily share their
personally identifiable information with third parties, regardless of their stated preference given at
registration. Please also see our separate
Privacy Policy.
Passwords
All registered members of the MedHelp Site are responsible for taking all reasonable steps to ensure that
no unauthorized person shall have access to their MedHelp passwords or accounts. It is the registered members'
sole responsibility to (1) control the distribution of their passwords or account information; (2) authorize,
monitor, and control access to and use of their MedHelp account and password; (3) inform MedHelp International
of any need to deactivate their password or change their registration, as soon as possible.
General
MedHelp is based in San Francisco, California, in the United States of America. MedHelp makes no claims that the
Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be
legal by certain persons or in certain countries. If you access the MedHelp Site from outside the United
States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of these Terms and Conditions for any reason
whatsoever: Limitation of Liability / Disclaimer of Warranties, Indemnification, User Submissions,
Jurisdiction, and Complete Agreement.
Jurisdiction
You expressly agree that exclusive jurisdiction for any dispute with MedHelp, or in any way relating to your
use of the MedHelp Site, resides in the courts of the State of New York and you further agree and expressly
consent to the exercise of personal jurisdiction in the courts of the State of New York in connection with
any such dispute including any claim involving MedHelp or its affiliates, subsidiaries, employees, contractors,
officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the laws of the State of New York, without respect to its conflict
of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having
competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining
provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of
these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any
other term or condition.
Complete Agreement
Except as expressly provided in a particular "legal notice" on the MedHelp Site, these Terms and Conditions
constitute the entire agreement between you and MedHelp with respect to the use of the MedHelp Site and Content.
Your use of the MedHelp Site is also subject to the MedHelp
Privacy Policy.
Contact MedHelp
MedHelp International, Inc. (tm)
929 Market Street
Suite 300
San Francisco, California 94103
Telephone: 415-882-4600