Terms and Conditions of Use
METASHIFT DOES NOT PROVIDE MEDICAL ADVICE!!
NOTHING STATED OR POSTED ON THE SITES OR AVAILABLE THROUGH THE SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR HEALTHCARE. You should therefore not rely on any information found on the Sites or disregard your healthcare professional’s advice based on such information. You acknowledge that all of the healthcare related information and healthcare content on the Sites is provided “as is” for informational purposes only. THE USE OF ANY INFORMATION PROVIDED ON THE SITES OR any reliance ON SUCH INFORMATION IS SOLELY AT YOUR OWN RISK.
The Services may enable you to communicate with healthcare professionals; however, you must not rely on the Services for such communications because METASHIFT does not guaranty that communications to or from your healthcare provider will be delivered. Even if delivered, there is no guaranty your healthcare provider will read and respond to such communications; therefore, any reliance on the Services to communicate with your healthcare provider is at your own risk. IF YOU HAVE QUESTIONS REGARDING YOUR PARTICULAR HEALTHCARE NEEDS, MAKE AN APPOINTMENT TO VISIT A HEALTHCARE PROFESSIONAL IN PERSON. IF YOU HAVE A MEDICAL EMERGENCY, DIAL 911.
Communications using the Services may be subject to HIPAA and other applicable law governing the confidentiality and security of personal health related information. You agree that METASHIFT is not responsible for what any healthcare provider may do with information you communicate through the Services, nor is METASHIFT responsible for any information provided to you by any healthcare provider using the Services. METASHIFT makes no warranty or representation about the information communicated through the Services, nor concerning the healthcare provider using the Services to provide information to you.
METASHIFT expressly disclaims any patient-provider relationship between you and METASHIFT and your use of the Services does not create any such relationship. You should consult with qualified healthcare providers regarding your individual medical needs and your specific medical issues. METASHIFT does not recommend or endorse any healthcare provider or healthcare related products, tests, opinions, procedures, items, or services.
Copyright and Limited License from METASHIFT
Without limiting any of the foregoing, you expressly agree not to:
(a) resell, transfer, lend, timeshare, syndicate or commercially use the Sites, Site Materials or the Services;
(b) decompile, reverse engineer, disassemble or otherwise attempt to derive any source code from the Sites, the Site Materials or the Services;
(c) distribute, publicly perform or publicly display the Sites, the Site Materials or the Services;
(d) modify, adapt, translate, or create any derivative works of the Sites, the Site Materials, the Services or any portion thereof;
(e) use any data mining, crawlers, spiders, robots or similar data gathering or extraction methods;
(f) download, index or in any non-transitory manner store or cache any portion of the Sites, the Site Materials, the Services or any information contained therein, except as expressly permitted on the Sites;
(g) remove, deface, obscure, or alter any copyright, trademark or other proprietary rights notices affixed to or provided in connection with the Sites, the Site Materials or any Services;
(h) create or attempt to create a substitute or similar service or product through the use of or access to the Sites, the Site Materials, the Services or any proprietary information related thereto; or
(i) use the Sites, the Site Materials or the Services other than for its intended purpose.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, METASHIFT will terminate, in appropriate circumstances and at METASHIFT’s sole discretion, users, subscrmetaSHIFTrs or account holders who are deemed to be repeat infringers. METASHIFT may also, at its sole discretion, limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
All logos and any other product or service name or slogan contained in the Sites are trademarks of METASHIFT, or their licensors, and may not be copied, imitated or used, in whole or in part, without the express prior written permission of METASHIFT or the applicable trademark holder. You may not use any meta tags or any other “hidden text” utilizing any name, trademark or product or service name of METASHIFT without our express prior written permission. In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of METASHIFT and may not be copied, imitated or used, in whole or in part, without our express prior written permission. All other trademarks, service marks, logos, and product names published on the Sites are the property of their respective owners. Reference to any hospitals, medical service providers or doctors, and their respective products, services, processes or other information, by trade name, trademark or otherwise does not constitute or imply endorsement or recommendation thereof by METASHIFT.
Third Party Content and Applications
In addition to METASHIFT’s educational material and other METASHIFT content on the Sites, our Sites may include third party content, which includes User Content as defined below, and may provide links to web pages and content of third parties (collectively the “Third Party Content”) as a service to our users. The views expressed in such Third Party Content should not be construed as representing the views of METASHIFT. In addition, the Sites may include certain applications, features, programs and services provided by third parties (the “Third Party Applications”). METASHIFT does not monitor Third Party Content or Third Party Applications and can make no guarantee as to the accuracy or completeness of such Third Party Content or Third Party Applications. METASHIFT is not responsible or liable in any manner for any Third Party Content or Third Party Applications, or for any loss, liability, harm or damages of any sort incurred as the result of your use thereof or access thereto, and makes no representations or warranties in connection with any Third Party Content or Third Party Applications, which at all times and in each instance is provided “as is.” Users use such Third Party Content and Third Party Applications at their own risk.
Third Party Products, Services, Advertisements and Promotions
METASHIFT may provide information about or links to third party products or services on the Sites or may run third party advertisements or promotions on the Sites. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. METASHIFT is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-METASHIFT advertisers or third party information on the Sites. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by METASHIFT.
Interactive Areas / User Content
The Sites or the Services may include interactive areas or services (“Interactive Areas”), including message boards, online hosting or storage services, online applications, database Services, interactive vital statistic monitoring and data entry services, or other areas or services in which you or other users create, post or store any content, messages, materials, data, information, text, photos, code or other items or materials on the Sites (“User Content”). Interactive Areas are provided “as is”. You are solely responsible for your use of such Interactive Areas and use them at your own risk.
You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Sites any of the following:
(a) User Content that is unlawful, lmetaSHIFTlous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
(b) User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
(c) User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
(d) User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
(e) Any unauthorized commercial use such as, but not limited to, engaging in unsolicited promotions, political campaigning, advertising, or solicitations, hyperlinking off of the Sites, or collecting names and emails addresses for the purpose of sending unsolicited emails;
(f) Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
(g) Viruses, corrupted data or other harmful, disruptive or destructive files; and
(h) User Content that, in the sole judgment of METASHIFT, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Sites, or which may expose METASHIFT or its users to any harm or liability of any type.
This list of prohibitions provides examples and is not complete or exclusive.
By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content.
You further agree not to access or attempt to access any Interactive Areas which you are not authorized to access or to provide or facilitate access to any nonpublic Interactive Area by any unauthorized user.
(a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Sites and license such User Content to METASHIFT as herein provided;
(b) the User Content is accurate and not misleading; and
Representations; Registration Data; Account Security
In consideration of your use of any of the Sites, the Site Materials and the Services, you represent and warrant that you are over thirteen (13) years of age. If you are under thirteen (13) years of age you may not use the Site or the Services under any circumstances. If you are over thirteen (13) years of age, but under eighteen (18), you must have permission from a parent or guardian before using the Site or the Services.
In consideration of your use of any of the Sites, the Site Materials and Services, you agree to:
(a) provide accurate, current and complete information about you, including your age, as may be prompted by any registration forms on the Sites (“Registration Data”);
(b) maintain and be solely responsible for the security of your password and identification;
(c) maintain and promptly update the Registration Data, and any other information you provide to METASHIFT, to keep it accurate, current and complete; and
(d) accept all risks of unauthorized access to the Registration Data and any other information you provide to METASHIFT.
THE SITES, THE SITE MATERIALS CONTAINED THEREIN, THE SERVICES AND ALL CONTENT MADE AVAILABLE ON, CONTAINED IN, OR ACCESSED THROUGH THE SITES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. METASHIFT DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT AND MATERIALS IN THE SITES. METASHIFT DOES NOT REPRESENT OR WARRANT THAT THE CONTENT AND MATERIALS ON THE SITES OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. METASHIFT DOES NOT REPRESENT OR WARRANT THAT THE SITES OR THEIR HOST SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WHILE METASHIFT ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITES AND THE SERVICES SAFE, METASHIFT CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
Limitation of Liability
IN NO EVENT SHALL METASHIFT OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITES, THE SITE MATERIALS, THE SERVICES, THE INTERACTIVE AREAS, OR THE USER CONTENT, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM METASHIFT, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO METASHIFT’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE LIABILITY OF METASHIFT, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITES, THE SITE MATERIALS, THE SERVICES, THE INTERACTIVE AREAS OR THE USER CONTENT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO METASHIFT FOR ACCESS TO OR USE OF THE SITES.
Applicable Law and Venue – Arbitration, Class Waiver, and Waiver of Jury Trial
- YOU ARE GIVING UP YOUR RIGHT TO A TRIAL BY JURY; AND
- YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS ACTION LAWSUIT INVOLVING ANY SUCH DISPUTE.
Termination of Services
Questions & Contact Information
Questions or comments about the Sites may be directed to metaSHIFT, Inc. at firstname.lastname@example.org.