1.1. User Comments. FastMed may provide User with the ability to post, transmit or otherwise exchange information for the limited purpose of sharing ideas, suggestions, feedback and information through the Site. FastMed has no obligation to monitor such information or other user-generated Content (collectively, “Comments”). User must assume that Comments shared will be visible to other users of the Site and may be transmitted by other users of the Site to others not using or connected with the Site. FastMed has no control over and is not responsible for the use or distribution of Comments. User agrees that FastMed or any of its affiliates may use their Comments for any purpose whatsoever. Further, User agrees that any intellectual property discovered, invented, derived from, or based upon, FastMed’s use of such Comments shall be owned exclusively by FastMed. FastMed is and shall be under no obligation to: (i) maintain any Comments in confidence; (ii) pay User or any other party any compensation for any Comments; or (iii) respond to any Comments.
1.2. Representations Regarding User Comments. User represents and warrants that User has all rights and licenses to post any and all materials User posts on the Site, including, without limitation, any Comments. User also represents and warrants that Comments submitted do not infringe or misappropriate any patent, trademark, copyright, trade secret or other intellectual property right, or violate the right of privacy or publicity of any third party or is defamatory or disparaging of any person or entity. User further represents that no communications or materials submitted to the Site, including Comments, will be unlawful, abusive or obscene. User is and shall remain solely responsible for all Comments, as well as any other communications or materials that User posts or transmits. User hereby agrees to defend, indemnify and hold harmless FastMed and its affiliates from any and all claims, losses, damages, fines, penalties, costs, expenses and liabilities (including, without limitation, attorneys’ fees) arising out of all claims of any nature or kind based on any breach of the foregoing warranty.
1.3. Accuracy of Content. While FastMed strives to provide accurate information, there is no guarantee that Content presented through the Site will be accurate, timely or complete. Further, FastMed is not responsible for the accuracy of any Comments. FastMed shall not be responsible for any consequences arising from User’s reliance on the accuracy of any Content, including Comments, contained within the Site.
1.4. No Medical Advice. User fully understands and acknowledges that Content is not intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease, injury or other conditions. Further, Content is not intended to replace consultation with a licensed health care professional. User understands and acknowledges that FastMed shall not be held liable for any claims, including personal injury or death, arising from or in any way relating to use of the Content presented through the Site.
1.5. Removal of Content. FastMed shall have the right, but not the obligation, in its sole discretion to refuse, monitor or remove any Content, including Comments, contained within the Site. FastMed expressly disclaims all responsibility or liability to any person or entity for the performance or nonperformance of such content review.
2. LINKS TO OTHER WEBSITES. Links to third party websites on the Site are provided solely as a convenience to User and such linking does not mean, and should not be interpreted to mean, that FastMed endorses, is affiliated with, or makes any representations concerning such third party websites. FastMed neither reviews, nor controls, nor is responsible for these third party sites or any content therein. By using these links, User will leave the Site. If User decides to access any of the third party sites linked to this Site, such conduct is at User’s own risk.
3. PROHIBITED BEHAVIOR. FastMed is under no obligation to review or monitor, and assumes no responsibility or liability arising from activities occurring on the Site. User is responsible for all information, including Comments, uploaded, posted, emailed or otherwise transmitted using the Site. User is responsible for respecting the rights of FastMed and third parties with respect to Content that appears on the Site and agrees not to download, email or otherwise transmit such Content in violation of the rights of FastMed or third parties, as applicable. User agrees to use the Site solely to accommodate personal, non-commercial needs.
Further, User agrees not to use the Site to do any of the following (collectively, “Prohibited Behavior”):
- Upload, post, email or otherwise transmit:
- Impersonate another person or entity, including without limitation, a representative of FastMed or its officers, directors, employees or agents, falsely represent or misrepresent affiliation with another person or entity, or otherwise manipulate identifiers that would disguise the origin of any information transmitted to or through the Site;
- Disrupt or interfere with the Site in any manner that may adversely affect FastMed or any third party, including excessive use of services which impair the fair use of others;
- Engage in any activities that do or are designed to harass or make any computer resource unavailable to its intended users (i.e., denial-of-service attacks);
- Harm minors in any way, including through any form of child pornography. Such use may be reported to the appropriate legal authorities and/or the User’s ISP may be contacted; or
- Engage in any activity that violates any local, state or federal law or regulation or the law or regulation of any foreign government.
- any material that contains personal or private information concerning any third party person or entity, including without limitation, phone numbers or addresses, credit/debit cards, calling cards, account numbers, social security numbers, passwords or other similar information, except as permitted by law;
- any material that infringes or violates any patent, trademark, trade secret, copyright or other intellectual property right, privacy right or publicity right of any person or entity;
- any material that is illegal, harmful, threatening, abusive, harassing, tortuous, defamatory, disparaging, vulgar, obscene, libelous, pornographic, sexually explicit, invasive of another’s privacy, hateful or racially, ethnically or otherwise offensive;
- any unsolicited or unauthorized advertising or promotional materials, including without limitation, initiation or perpetuation of any “Spam,” “Junk Mail,” chain letters or any other potentially objectionable or unlawful form of unsolicited communication;
- any material that contains software viruses or any other code, files or programs designed or known to disable, interrupt or limit the functionality of any computer hardware, computer software or telecommunications equipment or facility;
Upon termination of this agreement by either User or FastMed, all User rights under this agreement will terminate immediately.
5. INDEMNIFICATION. User agrees to defend, indemnify and hold FastMed harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to their use or misuse of the Site.
6. DISCLAIMER. THE USE OF THE SITE IS SOLELY AT YOUR OWN RISK. ALL INFORMATION, INCLUDING ANY CONTENT, PROVIDED ON THE SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. FASTMED DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
7. LIMITATION OF LIABILITIES. NEITHER FASTMED NOR ANY OF ITS AFFILIATES, LICENSORS, AGENTS OR CONTRACTORS IN CONNECTION WITH THIS SITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THE SITE OR ANY WEBSITES LINKED TO THIS SITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT OF ANY OR ALL SUCH SITES WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE IS TO CEASE USE OF THE SITE. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE.
9. USE OF TRADEMARKS. The FastMed name, logo and combination thereof, among others, are trademarks of FastMed. Other parties’ trademarks or service marks displayed on the Site are the property of their respective owners. User agrees not to use or display trademarks without the prior written consent of FastMed or the owner of such mark. Also, FastMed regards the use of its registered and unregistered trademarks and service marks in metatags and/or hidden text as trademark infringement, and treats the use of these terms in page text, metatags and/or hidden text for purposes of gaining higher rankings from search engines as unfair competition.
Unless FastMed and User agree otherwise, any arbitration hearings will take place in the county (or parish) of User’s residence. If the claim or controversy is for $10,000 or less, FastMed agrees that User may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator(s), through a telephonic hearing or by an in-person hearing as established by the AAA Rules. If the claim or controversy exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the award of the arbitrator(s) shall be accompanied by a statement of the reasons upon which the award is based.
Effective Date: May 2, 2011