Expert Terms of Service
The Terms govern your access to and use of the services, websites, and applications offered by Ovum Medical under the MedAnswers brand (the "Platform").
Use of the Platform
You must comply with the Terms and all applicable local, state, national, and international laws, rules and regulations.
We may, without prior notice, change the Platform; stop providing the Platform or features of the Platform, to you or to users generally; or create usage limits for the Platform.
You are responsible for safeguarding the password that you use to access the Platform and for any activities or actions under your password. We encourage you to use "strong" passwords (that use a combination of upper and lower case letters, numbers and symbols) with your account. The Provider will not be liable for any harm, loss or damage arising from your failure to comply with this paragraph.
For purposes of these Terms, "Content" means any information, text, images, graphics, video, or other materials uploaded, downloaded or appearing on the Platform.
All Medical Practitioners who respond to medical questions are defined as "Medical Contributors" under the Terms. The responses of Medical Contributors on the Platform are provided for informational purposes only.
TO THE FULLEST EXTENT PERMITTED BY LAW, The Provider and Medical Contributors 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.
In no event shall The Provider be liable for any damages (including, without limitation, incidental and consequential damages, personal injury / wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not The Provider or its Medical Contributors are advised of the possibility of such damages.
The Provider is not liable for any personal injury, including death, caused by the use or misuse of the Site or Content. The Provider does not monitor or control the Content posted via the Platform; the responses created by you are your sole creation and responsibility. The Provider does not endorse or guarantee the completeness, truthfulness, accuracy, or reliability of any response posted by you, nor does The Provider endorse any opinions you express.
Your Response to Medical-Related Questions
You agree not to post to the Platform:
i. Medical advice or instructions for medical diagnosis or treatment.
ii. Content intended to be medical advice or instructions for medical diagnosis or treatment. Additionally, you agree not to establish a physician-patient relationship over or through the Platform, and you acknowledge that any Content you post to the Platform does not, and is not intended to, create a physician-patient relationship.
You acknowledge that Content you post to the Platform is not confidential. In addition, you agree not to post any responses or other Content to the Platform that constitute "protected health information" under the Privacy Rule of the Health Insurance Portability and Accountability Act.
You must not do any of the following while accessing or using the Platform:
i. Use the Platform for any unlawful purposes or for promotion of illegal activities.
ii. Upload or post any Content (as defined above) in violation of the provisions contained in the "Your License to Ovum Medical" section of these terms.
iii. Use the Platform for the purpose of spamming anyone.
iv. Tamper with the Platform, The Provider's computer systems, or the technical delivery systems of The Provider's providers.
v. Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures.
vi. Access or search or attempt to access or search the Platform by any means (automated or otherwise) other than through the currently available, published interfaces that are provided by The Provider (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with The Provider (crawling the Platform is permissible in accordance with these Terms, but scraping the Platform without the prior consent of The Provider except as permitted by these Terms is expressly prohibited).
vii. Forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Platform to send altered, deceptive or false source-identifying information.
viii. Interfere with or disrupt (or attempt to do so) the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Platform, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Platform.
ix. Restrict or inhibit any person from using the Platform, disclose personal information obtained from the Platform or collect information about users of the Platform.
x. Assist or permit any persons in engaging in any of the activities described above.
As between you and The Provider, you retain ownership of all Content you submit, post, display, or otherwise make available on the Platform ("Your Content").
All right, title, and interest in and to the Platform (excluding Content provided by users) are and will remain the exclusive property of The Provider and its licensors. The Platform is protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly provided herein, nothing in the Terms gives you a right to use the The Provider name or any of the The Provider trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding the Platform is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
The Platform may include advertisements, which may be targeted to the Content or information on the Platform, queries made through the Platform, or other information. The types and extent of advertising by Ovum Medical on the Platform are subject to change. In consideration for Ovum Medical granting you access to and use of the Platform, you agree that Ovum Medical and its third party providers and partners may place such advertising on the Platform or in connection with the display of Content or information from the Platform whether submitted by you or others.
Your License to The Provider
You hereby grant, and agree to grant, us and our affiliates a worldwide, non-exclusive, assignable, transferrable royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, create derivative works from, publicly perform, publish, transmit, display and distribute Your Content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for The Provider to make your Content available to others for the publication, distribution, syndication, or broadcast of Your Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by The Provider may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Platform.
We may modify, adapt, or create derivative works from Your Content in order to transmit, display or distribute it over computer networks and in various media and make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You warrant, represent and agree that you have the right to grant The Provider the license described above. You also represent, warrant and agree that you have not and will not contribute any Content that:
a. Infringes, violates or otherwise interferes with any intellectual property rights of another party.
b. Reveals any trade secret, unless the trade secret belongs to you or you have the owner's permission to disclose it.
c. Infringes any privacy or publicity rights of another.
d. Is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law.
e. Creates an impression that you know is incorrect, misleading, or deceptive, including by impersonating others or otherwise misrepresenting your affiliation with a person or entity.
f. Contains a third party's private or personal information without their express authorization and permission.
g. Contains or links to a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. The Provider reserves the right in its discretion to remove any Content from the Site, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law.
The Provider's Licenses to You
Subject to these Terms, The Provider hereby grants you a worldwide, royalty-free, revocable, non-assignable and non-exclusive license to re-post Content on the Platform anywhere on the rest of the web, and provided that the Medical Practitioner who created the content has not explicitly marked the content as not for reproduction, and provided that you:
a. Do not modify the Content unless you own the Content or have permission from the owner of the Content to do so.
b. Attribute the Content to the owner of the Content (unless otherwise requested) and to The Provider by name in readable text and with a human and machine-followable link (an HTML anchor (...) tag) linking back to the page displaying the original source of the content on the Platform on every page that contains Content.
c. Upon request, either by The Provider or a user, remove the user's name from Content that the user has subsequently made anonymous.
d. Upon request, either by The Provider or by a user who contributed to the Content, make a reasonable effort to update a particular piece of Content to the latest version on the Platform.
e. Upon request, either by The Provider or by a Medical Practitioner who contributed to the Content, make a reasonable attempt to delete Content that has been deleted or marked as not for reproduction on the Platform.
You may only use the attribution required by this section in the manner set out above. In exercising these rights, you may not implicitly or explicitly assert or imply any connection with, sponsorship or endorsement by The Provider, or any The Provider user of you or your use of the work, without the separate, express prior written permission of The Provider or the The Provider user.
Subject to these Terms, The Provider hereby grants you a personal, worldwide, royalty-free, revocable, non-assignable and non-exclusive license to use the Platform as it is provided to you by The Provider.
Your Content will be viewable by other users and Medical Practitioners of the Platform and through third party services and websites. You should only provide Content that you are knowledgeable in providing under the Terms.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the Medical Contributor or other user of the Platform who originated such Content. We may not monitor or control the Content posted via the Platform.
Any use of or reliance on any Content or materials posted via the Platform or obtained through the Platform is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Platform or endorse any opinions expressed via the Platform.
You understand that by using the Platform, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate.
Under no circumstances will The Provider be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind related to or arising from the use or non-use of any Content or reliance on any Content made available via the Platform or broadcast elsewhere.
You are responsible for your use of the Platform, for Your Content, and for any consequences thereof, including the use of Your Content by other users or any third party. You understand that Your Content may be republished and if you do not have the right to submit Your Content for such use, it may subject you to liability. Ovum Medical will not be responsible or liable for any use of Your Content, including any use by The Provider in accordance with these Terms.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Platform and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information if we believe in good faith that it is reasonably necessary to:
i. Satisfy any applicable law, regulation, legal process or governmental request (for example, subpoenas or warrants).
ii. Enforce or administer our agreements with users (such as these Terms), including investigation of potential violations hereof.
iii. Detect, prevent, or otherwise address fraud, security or technical issues.
iv.Respond to user support requests.
v. Protect the rights, property or safety of The Provider, its users and the public.
The Platform may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for:
i. The availability or accuracy of such websites or resources.
ii. The content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by The Provider of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Your access to and use of the Platform or any Content is at your own risk. You understand and agree that the Platform is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, THE PROVIDER AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Platform or any content thereon. The Provider will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Platform, or any Content. You also agree that The Provider has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Platform. We make no warranty that the Platform will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from The Provider or through the Platform, will create any warranty not expressly made herein.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PROVIDER AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
i. YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE.
ii. ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES.
iii. ANY CONTENT OBTAINED FROM THE SERVICE.
iv. UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE PROVIDER HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
If anyone brings a claim against us related to your actions or Content on the Platform, or actions or Content by or from someone using your account, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
These Terms and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. Unless submitted to arbitration as set forth in the following paragraph, all claims, legal proceedings or litigation arising in connection with the Platform will be brought solely in Los Angeles County, California, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
For any claim (excluding claims for injunctive or other equitable relief) under these Terms where the total amount of the award sought is less than $50,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules:
a. The arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration.
b. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
c. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
These Terms are the entire and exclusive agreement between The Provider and you regarding the Platform (excluding any services for which you have a separate agreement with The Provider that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between The Provider and you regarding the Platform.
The failure of The Provider to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
The Provider may assign these Terms upon notice to you to any affiliate or any person who acquires all or substantially all of the assets to which these Terms relate. You may not assign or transfer these Terms without The Provider's prior written consent.