Terms and Conditions of Use
Please read the Following Terms and Conditions of Use carefully Before Using MomMD.com.
1. Purpose of the Terms and Conditions of Usage. MomMD, LLC owns MomMD.com along with all affiliated subdomains (collectively the “Site” or “We”), which are dedicated to women in the field of medicine. The person or persons using this Site, including without limitation, website users, bloggers and moderators, whether compensated or uncompensated are referred to herein individually or collectively as a “user(s) or “you.”
2. Reserved Rights. We reserve the right to revise these Terms and Conditions of Use and all other terms and conditions provided within the web pages of this Site (collectively referred to as “TCU”). Changes to these TCU shall become effective immediately upon uploading such changes to the Site. Site users are responsible for periodically checking this Site for updates and revisions to the TCU.
4. This Site Does Not Provide Medical Advice.Site’s Content (as defined below), is provided for informational purposes only. Site’s Content is not intended to be a substitute for professional medical (i) advice, (ii) diagnosis, or (iii) treatment. We recommend that users always seek professional medical advice, diagnosis and treatment for any medical condition. User experiencing a medical emergency should immediately contact their physician or dial 911 for immediate assistance. Users need to be aware that Site does not recommend or endorse any specific test, testing, physician, medical provider, insurance company, product, service, procedure, opinion, belief, or any other information which may be mentioned in the Site.
5. Children’s Privacy. Site is committed to protecting the privacy of children. This Site is not intended or designed to attract children under the age of thirteen (13). Children under the age of thirteen (13) are not eligible to use this Site, and we ask that minors (between the ages of thirteen (13) and (18)) do not use this Site or submit any personal information on this Site without adult parental supervision.
6. Site’s Content. Site Content includes without limitation, text, articles, information, communications, data, databases, statistics, layout, designs, graphics, images, illustrations, logos, process or processes, photographs, products, forms, reference materials, tools, forums, User Works (as defined below), job listings, physician and hospital information, surveys, polls, charts, newsletters, emails, links, External Links (as defined below), and advertising provided on or through the Site (collectively the “Content”). Content maybe provided by Site members, directors, employees, forum moderators, independent contributors, users, or others, any of which may be licensed medical or healthcare professionals (collectively the “Contributors”). As stated in Section 4 above, users should rely on Site’s Content as it is not intended to serve as medical advice, diagnosis or treatment and users, which follow Site’s Content use such Content at their own risk.
7. Site’s Content is Intellectual Property and Protected by Law. Site’s Content is protected by copyright, trademark and other laws of the United States, as well as the international conventions, treaties and the laws of other countries. All Content is owned by or licensed to the Site, or the party credited on this Site as the provider or the owner of such Content. Site provides its users with a limited license to view and download a single copy of the material from Site solely for personal and non-commercial use only after including the following copyright: “© Copyright 1999-2015, MOMMD, LLC; All Rights Reserved,” on user’s downloaded copy along with any other copyright and proprietary rights and notices which are contained in the downloaded Content.
8. Limitation on Usage. All Content viewed, copied, downloaded, modified, printed or otherwise used by users is subject to the following terms and conditions:
a. This Site allows RSS feed usage or linking. However, users of this Site have no permission to take, use, modify, or alter such RSS feeds in a way which will violate copyright, trademark, or, any other property rights of the owner of such property;
b. As provided in Section 7 above, users are provide a limited license to use Site’s content for personal, but NOT for commercial use or any other non-personal use;
c. Notice of any proprietary, copyright, trademark, service mark or mark shall be kept intact, and no modification(s) is or are permitted in any form whatsoever, and all copyright or other proprietary notices must appear in all copies made and used by the user; and
d. Site strictly prohibits its user from disrupting the Site or causing a nuisance on the Site, including without limitation, any user transmitting any unlawful, copyrighted, trademarked, threatening, libelous, defamatory, obscene, pornographic, or profane material, or any other material, which could constitute or encourage conduct that could be considered a criminal offense or violate any laws. Further, users agree not to use any Content or resources available on or through Site to perpetrate prohibited, illegal, or abusive conduct, whether against Site, its affiliates, its owners or any other third party.
9. Notices and Procedures for Making Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Site’s designated agent listed below (“Notice”). This Site respects the intellectual property of others, and we ask all users and visitors to do the same. Site will process and investigate notices of alleged infringement and will take all appropriate actions under the Digital Millennium Copyright Act as amended ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Site will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing. User’s which believe that their work has been copied in a way that constitutes copyright infringement, should provide Notice Site with the following information:
a. a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
b. a description of the copyrighted work which is claimed to be infringed;
c. a description of where the material claimed to be infringed is located on the Site;
d. the user’s address, telephone number, and email address and all other information reasonably sufficient to permit Site to respond to such notice;
e. a statement which provides that you the user have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. a statement by you the user, under penalty of perjury, declare that the above information in user’s Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Claims of copyright infringement shall be submitted to the following designated agent for MomMD:
Subject: MomMD DMCA Notice
By mail: MomMD, LLC
(Please include "Notice of Infringement" in the subject line.)
USERS SHOULD TAKE NOTE THAT USERS WHICH KNOWINGLY MISREPRESENT A DMCA CLAIM BY FALSELY STATING THAT ANY ONLINE MATERIAL IS INFRINGING WHEN THERE IS NO ACTUAL INFRINGMENT MAY BE SUBJECT TO SIGNIFICANT CIVIL PENALTIES. THESE PENALTIES INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES INCURRED BY MOMMD, OR BY ANY OTHER COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON SUCH MISREPRESENTATION. USERS MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
10. Site’s Public Areas.Users may use the Site public areas, including without limitation Site’s websites, blogs, newsgroups, message boards, emails, forums, conferences and chats rooms, bulletin boards, blogs, or other member communities (collectively the “Public Areas”), and user are solely responsible for their own User Works (as defined in Section 11(b)) communicated in such Public Areas and the consequences of posting such User Works, and their own reliance on any other party’s User Works found in the Public Areas. Site shall not responsible for the consequences of any User Works in the Public Areas. If a user feels threatened or believe someone else is in danger, then user should contact its local law enforcement agency immediately. Users that believe that they have a medical emergency, should call a licensed physician or dial 911 immediately. In consideration of being allowed to use this Site, including without limitation the Public Areas, all users agree that the following actions shall constitute a material breach of these Terms and Conditions:
a. Users agree not to post any abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-oriented or any other material that may violate any applicable laws. Doing so may lead to user being immediately and permanently banned from using the Site (and user’s service provider being informed). The IP address of all posts is recorded to aid in enforcing these conditions. Users agree that the Site’s webmaster, administrator and moderators of this forum have the right to remove, edit, move or close any topic at any time should they see fit.
b. Users agree that their User Works (as defined in Section 11(b)) may be stored in Site’s database;
c. Users shall not use this Site in violation of local, state, national, or international laws;
d. Users shall not post any material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
e. Users shall not post any material which is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing statements or information about other person or entity on the Site, as determined by Site in its sole discretion;
f. Users shall not post advertisements or solicitations of business on Site;
g. After receiving a warning, users shall not continue to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed on the Site;
h. Users shall not post chain letters or pyramid schemes on the Site;
i. Users shall not Impersonate any another person on the Site;
j. Users shall not distribute viruses or other harmful computer code on the Site;
k. Users shall not harvest or otherwise collecting information about Site others, including email addresses, without their identification for posting or viewing comments; consent;
l. Users shall not allow any other person or entity to use user’s identification for posting or viewing comments on the Site;
m. Users shall not post the same information more than once or "spamming" on the Site; or
n. Users shall not engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the judgment of Site, exposes Site or any of its customers or suppliers to any liability or detriment of any type.
Site reserves the right (but is not obligated) to do any or all of the following:
1. Record Content and dialogues in public chat rooms;
2. Investigate an allegation that a User Works (as defined in Section 11(b)) do(es) not conform to the terms of this Section 10 and determine in its sole discretion to remove or request the removal of the User Works;
3. Remove User Works which are abusive, illegal, or disruptive, or that otherwise fail to conform to these Terms and Conditions;
4. Terminate a user's access to any or all Public Areas and/or the Site upon any breach of these Terms and Conditions;
5. Monitor, edit, or disclose any User Works in the Public Areas; and
6. Edit or delete any User Works posted on the Site, regardless of whether such User Works violate these standards.
Site reserves the right to take any action it deems necessary to protect the personal safety of Site’s guests or the public.11. User Submissions and User Provided Information (“User Works”).
a. Users shall not upload or transmit any User Works (as defined in Section 11(b)) of any type to any Public Area, which infringes or violates any rights of any other party. By submitting User Works to the Public Areas, users agree that such submission is non-confidential for all purposes. Any user which submits any business information, idea, concept or invention to Site by email agrees that such submission is non-confidential for all purposes;
b. Users which submit any communication, text, articles, information, data, databases, statistics, layout, designs, graphics, images, illustrations, logos, process or processes, photographs, products, forms, reference materials, tools, job listings, physician and hospital information, surveys, polls, charts, video(s), personal information which may include a user’s private health information, ideas, concept or inventions, whether copyrighted, trademarked or patented (collectively “User Works’) to the Site, by any means, including without limitation, posting to Site Public Areas whether submitted by posting directly to the Site, or by submitting such User Works to Site by email, mail or facsimile hereby grant Site, a royalty free, perpetual, irrevocable, world-wide, nonexclusive right and license to: (i) use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the User Works in all forms of media and in any format, now known or hereinafter created; (ii) grant sublicenses to the User Works to third parties; and (iii) transfer, sell, or lease the User Works to third parties. Any User Works which are not intended to be treated as Site Content should not be posted on the Site or submitted to the Site by any other means.
c. User’s which submit User Works to the Site automatically and immediately grant and warrant that they are the owner of such User Works and expressly grant Site a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the User Works or content in any media or medium, or any form, format, or forum now known or hereafter developed. Site may sublicense its rights through multiple tiers of sublicenses.
d. User’s shall indemnify Site against any third party claims related to User Works uploaded and posted on Site which infringe on another party’s intellectual property. User shall indemnify Site for all losses, damages, liabilities and all reasonable expenses (including reasonable attorneys' fees) and costs incurred by Site in any such claim, action, suit or proceeding.
e. Site does not and cannot review all User Works and shall not in any manner be responsible for the content created by Site’s uses or user submissions and user provided User Works. Users acknowledge that while Site provides users with the ability to view and distribute user generated content on the Site, Site is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any user submitted content or activities on the Site. Statements made in Public Areas reflect only the views of the user and not that of Site.
f. Site reserves the right to block or remove User Works which it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to Site at its sole discretion.
g. Users which register on any part of Site agree that they will provide true, accurate, current and complete personal information as requested in the registration process/inquiry. Users also agree to update such personal information as often as necessary in order to maintain its accuracy. Users which provide any information which is untrue, inaccurate, not current or incomplete, or if Site has reason to believe such information is untrue, inaccurate, not current or incomplete, then Site has the right in its sole and complete discretion to suspend or terminate such user’s account or use and refuse the user any or all current and future use of any of portion of the Site, or the services of Site.
12. Passwords.Site provides several tools and resources in which users may record and store User Works and other information. Examples of such tools and resources are the Site forums, which is a resource tool which allows users to voluntarily record on Site’s servers User Works which may include personal and private health information. Site’s forums are structured to allow access only to visitors with a valid password. Users are responsible for taking all reasonable steps to ensure that no unauthorized person(s) shall obtain access to user’s Site passwords or accounts or account information. Users are charged with the sole responsibility to (1) control the dissemination and use of user activation codes and passwords; (2) authorize, monitor, and control access to and use of user’s Site account and password; (3) promptly inform Site of any need to deactivate a password. User’s grant Site and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use user’s information in connection with the operation of the Site. Site cannot and does not assume any responsibility or liability for any User’s lost or misplaced Site’s password’s or for the unauthorized use of a user’s Password.
13. Third Party Links. In an attempt to provide increased value to Site’s visitors, this Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties, including without limitation, CME and Board Review links (individually and collectively, the "External Sites"). However, even if the third party is affiliated with Site, Site has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Site. Site has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such External Sites. These External Site links are only for user’s convenience and therefore users which access these linked sites, enter at their own risk. Offers and promotions from External Sites are subject to change without prior notice. External Sites Links do not imply that Site sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such external Sites. Nonetheless, Site seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work). Users should contact the Site administrator for those external Sites if there are any concerns regarding such links or the content located on such External Sites..
14. WAIVER, RELEASE AND LIMITATION OF LIABILITY.
a. USERS AGREE THAT THEIR USAGE OF THIS SITE SHALL BE AT THEIR SOLE RISK AND THAT ALL OF THE CONTENT, USER WORKS, PRODUCTS AND SERVICES ON THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, AND THE SITE, ITS LICENSORS, SUCCESSORS AND ASSIGNS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGMENT OF THIRD PARTYS’ RIGHTS, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTIES WHICH ARE OR MAY BECOME APPLICABLE.
b. IN ADDITION, THE SITE DISCLAIMS ALL REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM USER’S ACCESS TO AND USE OF THIS SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF SITE’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, INCLUDING WITHOUT LIMITATION USER WORKS, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (V) 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, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.
c. SITE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SITE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN THE USER AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, USERS SHOULD USE THEIR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
d. IN NO EVENT SHALL SITE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF SITE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE CONTENT, USER WORKS, OTHER INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
15. Typographical Errors. In the event a Site product or service is listed incorrectly due to typographical error, then Site shall have the right to refuse or cancel any product or service which is listed incorrectly.
16. Governing Law. This TCU will be governed by and construed in accordance with the laws of the State of Michigan, irrespective of what is known as choice of law or conflict of laws principals.
17. This TCU is Admissible in a Judicial Proceeding. A printed version of this TCU and any notice given to user by Site (whether in electronic or written form) shall be admissible in judicial proceedings or administrative proceedings based upon or relating to this TCU to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
18. Site is an Equal Opportunity Employer. Site reserves the right to post information about employment opportunities with the Site on the Site. Site is an equal opportunity employer, employing people without consideration to race, sex, religion, nationality, age or disability. Site does not discriminate in any manner.
19. Severability. If any provision in this TCU is held to be invalid or unenforceable, it shall be ineffective only to the extent of the invalidity, without affecting or impairing the validity and enforceability of the remainder of the provision or the remaining provisions of this TCU .
20. Entire TCU. This TCU constitutes the entire TCU among the Site and its users and contains all of the TCUs among said Site and users with respect to the subject matter hereof. This TCU supersedes any and all other TCUs, either oral or written, between the Site and it users with respect to the subject matter hereof.
Thank you for your cooperation. We hope you find the Site helpful and convenient to use! Questions or comments regarding this Site, including any reports of non-functioning links, should be submitted using Site’s our Contact Us Form.
Last Modified 1/3/2017
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