Medical
Resource Group
Terms
and Conditions of Usage
1.
Purpose. Medical Resource
Group, LLC (MRG or we) is the owner of Studentdoc.com (website
or Site) and has created this Terms and Conditions of Usage (Agreement)
statement to notify users about MRG’s rules and procedures
when accessing and using the Site.
2.
Users are Bound by this Agreement.
Users that access the Site agree to be bound by this Terms and
Conditions of Usage (Agreement) and by MRG’s Privacy
Notice which is incorporated by reference. Users that do
not wish to be bound by this Agreement, may not access or use
the Site. If you do not agree to any of these terms, then please
do not use this Site.
3. Parental Guidance
is Required. Children
are not eligible to use this Site, and we ask that minors (under
the age of 18) do not submit any personal information on this
Site. Please see our Privacy
Statement for more details.
4.
Reserved Rights. We
reserve the right to revise this Agreement at any time and at
our discretion. Changes to this Agreement will become effective
upon posting it to the Site. Users are responsible for checking
this Agreement periodically to monitor any changes to our Terms
and Conditions of Usage practices. Continued access or use of
this Site shall be deemed as conclusive acceptance of any modified
agreement.
5.
Copyright Trademark.
This Site and of all of MRG’s contents, including but not limited
to, articles, text, images, trademarks, layout, designs, graphics,
illustrations, logos, process or processes, photographs, product
names, affiliations, forms, brands (collectively, “the Intellectual
Property”) are protected by copyright, trademark and other laws
of the United States, as well as, the international conventions,
treaties and the laws of other countries. The Intellectual Property
is owned by Site or the party credited as the provider or the
owner of the Intellectual Property. The compilation, i.e., collection,
arrangement or assembly, of ALL content on the Site is the sole
and exclusive property of MRG and protected by United States and
International copyright laws, in addition to other Intellectual
Property law conventions and treaties. All software used on Site
is the sole property of MRG and is protected by the same U.S.
and International copyright laws, conventions, and treaties. The
collective work includes works that are licensed to MRG. Copyright
2006. ALL RIGHTS RESERVED. All trademarks, service marks, and
trade names (collectively the "Marks") are trademarks
or registered trademarks of and are proprietary to MRG, or other
respective owners that have granted MRG the right and license
to use such Marks.
6.
Limitation on Usage.
All materials viewed, copied, downloaded, modified, printed or
otherwise used by the user is subject to the following terms and
conditions:
-MRG allows RSS feed usage or linking. However, users
have no permission to take, use, modify, or alter such information
in a way which will violate copyright, trademark, or any other
property rights of the owner of such property.
- Only a limited license is granted to the user as to
any material downloaded, copied, modified, printed or otherwise
used by the user for personal and NOT commercial use or any other
non-personal use;
- Any modifications the user may make pursuant to the
limited license granted herein, to any material(s) are also to
be limited to the users personal use and needs relating thereto
and the modified product is not to be distributed for commercial
purposes nor posted on any other website;
- Any proprietary, copyright, or trademark notice 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 used by the user.
MRG does not want any user to transmit any unlawful, copyrighted,
trademarked, threatening, libelous, defamatory, obscene, pornographic,
or profane material, or any other material that could constitute
or encourage conduct that could be considered a criminal offense
or violate any laws. Further, users agrees not to use any facilities
or resources available on or through Site to perpetrate prohibited,
illegal, or abusive conduct, whether against MRG, its affiliates,
its owners or any other third party. Examples of prohibited conduct
include, but are not limited to chain letters, pornography, or
other communication that creates a nuisance or is otherwise offensive
to the recipient. MRG, if a determination is required, reserves
the right to be the sole arbiters of what may be deemed, profane,
pornographic, and abusive or a nuisance, and the user is obligated
to follow such a decision, if ever made by the owners, without
objection.
7.
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 website's designated agent listed below. MRG respects
the intellectual property of others, and we ask our users and
visitors to do the same. MRG will process and investigate notices
of alleged infringement and will take appropriate actions under
the Digital Millennium Copyright Act ("DMCA") and other
applicable intellectual property laws. Upon receipt of notices
complying with the DMCA, MRG 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. If you believe that your work has been copied
in a way that constitutes copyright infringement, please provide
MRG the following information:
1.
a physical or electronic
signature of the person authorized to act on behalf of the owner
of an exclusive copyright that is allegedly infringed;
2.
a description of
the copyrighted work that you claim has been infringed;
3.
a description of
where the material that you claim is infringing is located on
the Site;
4.
your address, telephone
number, and email address and all other information reasonably
sufficient to permit MRG to contact you;
5.
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;
6.
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 behalf of the owner of an exclusive right that is allegedly
infringed.
Notices of claimed
copyright infringement should be directed to:
By mail: MRG
Legal Division
Copyright Agent
3525 Rochester Road
Troy, MI 48083
By fax:
(248) 524-1702
By Email: editor@studentdoc.com
(Please include "Notice of Infringement" in the subject
line.)
8.
Typographical Errors.
In the event an MRG product or service is listed incorrectly due
to typographical error, MRG shall have the right to refuse or
cancel any service listed at the incorrectly.
9. Information
is Provided As-Is. ALL OF THE CONTENTS, PRODUCTS AND SERVICES
ON THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES
OF ANY KIND EITHER EXPRESSED OR IMPLIED, AND TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, MRG DISCLAIMS ALL WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR ANY
OTHER WARRANTIES WHICH ARE OR MAY BECOME APPLICABLE. ALL SERVICES
AND PRODUCTS ARE PROVIDED ON AN AS-IS BASIS AND USED AT THE DISCRETION
OF THE USER. Nothing contained in THIS
site is intended to be instructional for medical diagnosis or
treatment. Information on this site should not be considered complete,
nor should it be relied on to suggest a course of treatment for
a particular individual. It should not be used in place of a medical
visit, consultation or the advice of your physician or other qualified
health care provider. Information obtained on this Site is not
exhaustive and does not cover diseases, ailments, physical conditions
or their treatment. Should you have any health care related questions,
please call or see your physician or other qualified health care
provider promptly. Always consult with your physician or other
qualified health care provider before embarking on a new treatment,
diet or fitness program. You should never disregard medical advice
or delay in seeking it because of something you have read on this
Site.
10.
User Provided Information.
MRG does not and cannot review all communications and materials
posted to or created by users accessing the Site and is not in
any manner responsible for the content of these communications
and materials. Users acknowledge that MRG provides you with the
ability to view and distribute user generated content on the Site,
MRG is merely acting as a passive conduit for such distribution
and is not undertaking any obligation or liability relating to
any contents or activities on the Site. However, MRG reserves
the right to block or remove communications or materials that
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 MRG at its sole discretion. Note that any personally identifiable
information you may post or transmit will be treated by MRG in
accordance with MRG's Privacy Statement.
11.
Users must provide Accurate Information. If you choose
to become a user or registrant of any or part of the Site, you
agree that you will provide true, accurate, current and complete
information about yourself as prompted by the registration process.
You also agree to update that information as necessary to maintain
its accuracy. If you provide any information that is untrue, inaccurate,
not current or incomplete, or if MRG has reason to believe such
information is untrue, inaccurate, not current or incomplete,
MRG has the right to suspend or terminate your 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 MRG. By accepting this
Agreement, the user expressly consents to our use of her/his/its
personal information as explained in our Privacy Statement, which
is incorporated herein by reference.
12.
Third Party Links.
In an attempt to provide increased value to our 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
(the "External Sites"). However, even if the third party
is affiliated with MRG, MRG has no control over these linked sites,
all of which have separate privacy and data collection practices,
independent of MRG. MRG has no responsibility or liability for
these independent policies or actions and is not responsible for
the privacy practices or the content of such web sites. These
linked sites are only for your convenience and therefore you access
them at your own risk. Links do not imply that MRG 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, MRG 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).You
should contact the Site administrator for those External Sites
if you have any concerns regarding such links or the content located
on such External Sites.
13.
Warranty Disclaimer. USERS AGREE THAT THEIR USAGE OF THIS
SITE SHALL BE AT THEIR SOLE RISK. TO THE FULLEST EXTENT PERMITTED
BY LAW, MRG, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE
AND THE USE THEREOF. MRG MAKES NO WARRANTIES OR 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 YOUR ACCESS TO AND USE OF THIS SITE,
(III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR
THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY
ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN 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. MRG 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 MRG
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.
14.
Limitation on Liability.
IN NO EVENT SHALL MRG BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR
ANY DAMAGES WHATSOEVER, EVEN IF MRG 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
INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM
THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE
OF ESSENTIAL PURPOSE 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. Arbitration. This Agreement will be governed by and construed in accordance
with the laws of the State of Texas, excluding that body of laws
known as choice of law or conflict of laws. Subject to the provisions
of this Section, all disputes, controversies or claims arising
out of or relating to this Agreement or the use of the website
will be resolved through mandatory binding arbitration conducted
in Texas pursuant to the United States Arbitration Act, 9 U.S.C.
Section 1, et seq. (the "Act"). The terms set forth
in this Agreement will control in the event of any inconsistency
between such the rules of arbitration and this agreement. The
parties will cooperate with each other in promptly selecting a
panel of three arbitrators. The award of the arbitrator will be
in writing and will set forth findings of fact and conclusions
of law. Judgment on the arbitrator's award will be final and binding
upon the parties and may be entered in any court having jurisdiction
thereof. The arbitrator's fees will be shared equally by the parties
and each party will bear its own costs and attorneys' fees. All
papers, documents, or evidence, whether written or oral, filed
with or presented in connection with the arbitration proceeding
will be deemed by the parties and by the arbitrator to be confidential
information of both parties. The arbitrator chosen in accordance
with the provisions will not have the power to alter, amend or
otherwise affect the terms of these arbitration provisions or
the provisions of this Agreement. Notwithstanding the foregoing,
nothing in this Section shall prevent either party from applying
for and obtaining from a court a temporary restraining order and/or
other injunctive relief.
Any
award in an arbitration initiated under this clause shall be limited
to monetary damages and shall include no injunction or direction
to any party other than the direction to pay a monetary amount.
Further, the arbitrator(s) shall have no authority to award punitive,
consequential or other damages not measured by the prevailing
party's actual damages in any arbitration initiated under this
section, except as may be required by statute.
16. This Agreement is Admissible in a Judicial Proceeding. A printed version of this Agreement
and of any notice given in electronic form shall be admissible
in judicial proceedings or administrative proceedings based upon
or relating to this Agreement to the same extent and subject to
the same conditions as other business documents and records originally
generated and maintained in printed form.
17. MRG is an Equal Opportunity Employer. MRG reserves the right to post information
about employment opportunities with the company on any part of
the Site. MRG is an equal opportunity employer, employing people
without consideration to race, sex, religion, nationality, age
or disability. We do not discriminate in any manner.
18. Termination of this Agreement. In addition and without prejudice
to any other legal or equitable remedies available to MRG, MRG
may terminate this Agreement at any time and for any reason whatsoever,
without notice. The user may terminate this Agreement by closing
her/his/its account or cease use of the Site, and paying any and
all outstanding balances owed by the user to MRG under an account
or account stated.
19.
Severability. If any
provision in this Agreement 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 Agreement.
20.
Entire Agreement. This
Agreement constitutes the entire agreement among the parties hereto
and contains all of the agreements among said parties with respect
to the subject matter hereof. This Agreement supersedes any and
all other agreements, either oral or written, between said parties
with respect to the subject matter hereof.
Last Updated 2-15-09
