Effective Date: July 29, 2019
1. Description of Sites and Services
MedData Group provides data solutions and demand generation programs for providers of pharmaceuticals, medical devices, healthcare technology, professional services, medical education, publishers and others looking to engage with and educate professional healthcare audiences. MedData Group also offers the Medical Product Guide, a comprehensive guide to medical devices for medical professionals, and Insights on Healthcare, which focuses on practice management products and resources.
The basic Sites and some content are provided free to Users who visit the Sites. However, certain enhanced features and/or content may only be available to registered Users or subscribers.
2. Rules, Responsibilities and Obligations
Users agree to not use the Services and/or Sites to: (i) upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another`s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm minors in any way; (iii) impersonate any person or entity or falsely state or otherwise misrepresent User`s affiliation with a person or entity; (iv) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services and/or Sites; (v) upload, post, email or otherwise transmit any content that User does not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (vi) upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party; (vii) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as a marketplace or classifieds) that are designated for promotional purpose; (viii) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (ix) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users` ability to engage in real time exchanges; or (x) interfere with or disrupt the Services and/or Sites or servers or networks connected to the Services and/or Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Services and/or Sites.
MedData Group shall have the right, but not the obligation, to monitor the content of the Sites and Services, including URLs and statistics, to determine compliance with these Terms and any operating rules established by MedData Group as well as to satisfy any law, regulation or authorized government request. MedData Group shall have the right in its sole discretion to edit, refuse to post, or to remove any material submitted to or posted on the MedData Group Sites or using the Services.
MedData Group reserves the right to terminate access or discontinue the subscription of any User who fails to comply with these terms.
3. Release and Waiver of Rights
You release MedData Group and expressly waive any and all claims against MedData Group that may arise from your use of the Services and/or Sites. Specifically, without limitation, by accessing, using, uploading or linking to content using the Services and/or on the Sites, you release MedData Group and expressly waive all claims against MedData Group arising from or relating to any intellectual property or other proprietary rights, rights of privacy and publicity, rights of attribution, moral rights, or any other rights under any applicable laws that may arise from your use of the Services and/or Sites.
4. Communications from or through MedData Group
The User agrees to allow MedData Group to send information to Users regarding the Sites and Services from time to time. This information may be of a corporate, promotional, third-party advertising, or product nature. For more information on MedData Group’s use of User information, please read MedData Group’s Privacy Notice.
5. Third-Party Sites and Linked Content
Our Sites and Services may include links to other websites on the Internet that are owned and operated by third parties. Users acknowledge that MedData Group is not responsible for the availability of, or the content located on or through, any third-party Sites. Users should contact the administrator or webmaster for those third-party websites if Users have any concerns regarding the content located on such web pages. Use of third-party websites is subject to the legal terms and privacy policies of each site. MedData Group is not responsible for nor an endorser of the content of any third-party site. MedData Group encourages all Users to review the legal terms and privacy policies of third-parties sites.
6. Modifications and Interruption to Services or Sites
Users acknowledge and accept that MedData Group does not guarantee continuous, uninterrupted or secure access to the Services or Sites and operation of our Sites or Services may be interfered with or adversely affected by numerous factors or circumstances outside of our control. MedData Group shall not be liable to a User or any third party should for any modifications, interruptions, outages, downtimes or disruptions to the Services.
MedData Group reserves the right to modify or discontinue the Services and/or Sites with or without notice to Users.
7. Disclaimer of Warranties
The Services and Sites are provided by MedData Group on an `as is` and on an `as available` basis, MedData Group makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Services and Sites in terms of its correctness, accuracy, reliability, or otherwise. MedData Group shall have no liability for any interruptions in the use of the Sites or Services. To the fullest extent permitted by applicable law, MedData Group disclaims all warranties with regard to the information provided, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusions may be inapplicable to some Users.
MedData Group does not warrant that the Sites or Services will operate error-free or that the Sites, Services, and technology supporting the Sites and Services are free of computer viruses and other harmful code. If the User`s use of the Sites or Services results in the need for servicing or replacing equipment or data, MedData Group is not responsible for those costs.
8. Limitation of Liability
MEDDATA GROUP SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR MEDDATA GROUP SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE SITES, THE SERVICES OR THE INFORMATION CONTAINED IN THE SITES OR THE SERVICES, WHETHER SUCH CLAIMS ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF MEDDATA GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE.
Users agree to indemnify and hold MedData Group, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys` fees and costs, made by any third party due to or arising out of User`s use of the Services or Sites, the violation of this Agreement, or infringement by a User, or other User of the Services or Sites using a User’s MedData Group membership privilege, of any intellectual property or any other right of any person or entity.
10. Governing Law
These Terms are governed by the laws of the Commonwealth of Massachusetts, without giving effect to any choice of law rules. We make no representation that our Sites or Services are appropriate, legal or available for use in locations outside of the United States. Accordingly, if you choose to access our Sites and/or use the Services you agree to do so subject to the laws of Massachusetts and the United States.
11. MedData Group’s Copyrights and Trademarks
All content included or available on the Sites or within the Services (other than User submitted content), including Sites design, text, graphics, interfaces, and the selection and arrangement thereof is the property of MedData Group and/or third parties and is protected by intellectual property rights. Any use of materials on the Sites or within the Services, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of MedData Group is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy the Services, the Sites or any portion thereof.
MEDDATA GROUP, INSIGHTS ON HEALTHCARE, and MEDICAL PRODUCT GUIDE are trademarks owned by MedData Group. MedData Group’s trademarks may not be used in connection with any product or service that is not provided by MedData Group, unless such use is expressly authorized by MedData Group. MedData Group’s trademarks may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits MedData Group.
All other trademarks displayed on the Sites or that may appear within the Services are the trademarks of their respective owners, and their appearance constitutes neither an endorsement, nor a recommendation of those vendors, unless clearly identified as such.
12. Other Terms