Terms of Use

Terms of Use for
medicalmedium.com
(Effective October 11, 2016)

PLEASE READ THESE TERMS OF USE CAREFULLY. BY UsING THIS WEBSITE, YOU CONSENT TO THESE TERMS OF USE. IF YOU DO NOT AGREE WITH ANY of These TERMs, PLEASE IMMEDIATELY DISCONTINUE USE OF the WEBSITE.

1: General Information
Welcome to the medicalmedium.com website (the “Website”), which is owned and operated by Anthony William, Inc. (“we”, “us” and “our”). These terms of use (“Terms of Use”), identify the terms and conditions on which we agree to make the Website available to you, and you agree to access and use the Website. By accessing and browsing any area of the Website, you agree to be legally bound by these Terms of Use and you agree to the processing of your personal data in accordance with our Privacy Policy (the “Privacy Policy”), which is incorporated herein by reference. If you do not agree with any term or condition of these Terms of Use or our Privacy Policy, immediately discontinue use of the Website.

2. Your Use of the Website
You may access and use the Website for lawful, non-commercial purposes only. You may not access or use the Website in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's access, use or enjoyment of the Website. You may not attempt to gain unauthorized access to any user account, user information, computer systems or networks through hacking, password mining or any other means. You may not access or use the Website for any fraudulent, deceitful or unlawful purpose. You may not modify, adapt or translate any portion of the Website, or remove, obscure or modify any copyright, trademark, or other proprietary rights notice from the Website. If we determine, in our sole discretion, that you have violated any portion of these Terms of Use, we may immediately and without notice, suspend and/or terminate your access to all or any part of the Website.

3. Proprietary Rights
A copyright and all other proprietary rights in the Website content (including but not limited to software, audio, video, text and photographs) (the “Website Content”), rests with us or our licensors. All rights in the Website Content not expressly granted herein are reserved. You may not modify, delete, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit the Website Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Website Content, provided that the copies are made only for your personal use and include all copyright and other proprietary right notices associated with the Website Content. Except as provided in the preceding sentence or as permitted by the fair use privilege under the United States copyright laws, you may not upload, post, use, reproduce, re-transmit, or distribute in any way Website Content protected by copyright, or other proprietary right, without first obtaining permission of the owner of the copyright or other propriety right.

Any material or information you transmit through the Website ("Your Materials") will be treated as non-confidential and non-proprietary, and immediately become our property, subject to our Privacy Policy. We may use Your Materials as we see fit, anywhere in the world, for commercial and/or non-commercial purposes, without obligation for compensation, and free of any moral rights, intellectual property rights, and other proprietary rights in or to Your Materials.

4. Third Party Sites
This Website may contain links to third party websites and online services (hereinafter referred to each as a “Third Party Site” and collectively as “Third Party Sites”). These links are provided for your convenience; they are not intended to indicate that we review, control, recommend, endorse, support, sponsor, or are in any way affiliated or associated with these Third Party Sites. Some of these Third Party Sites may have the look and feel of our Website. Please be aware that you may be on a different website and that these Terms of Use only cover our Website. If you decide to access a Third Party Site, you do so entirely at your own risk. When you visit a Third Party Site, we suggest you review its Terms of Use and Privacy Policy.

5. Warranties; Disclaimers
The Website is provided “As Is” and “As Available”. To the fullest extent allowable by applicable law, we expressly disclaim any representations or warranties of any kind, express or implied, including without limitation, warranties OF reliability, usefulness, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, and NONINFRINGEMENT. We make no representation or Warranty: (i) THAT ACCESS TO the WEBSITE, third party sites, or related services WILL BE UNINTERRUPTED and ERROR-FREE; (II) as to the operation and security of the website, third party sites, or our electronic communications; (III) as to products and services available through the website or third party sites; or (IV) as to the accuracy, timeliness, completeness, reliability, quality and suitability of information, materials, and other content provided on the website or third party sites, or accessible through use of the website or third party sites.

IN NO EVENT WILL we, or any party INVOLVED IN CREATING, PRODUCING, OR MAINTAINING the WebSITE OR the website CONTENT, BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, indirect, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST BUSINESS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE or INABILITY TO USE the WEBSITE, THIRD PARTY SITEs, OR THE CONTENT on 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.

NO information, materials, or other content provided on the Website or a third Party site, or accessible through use of the website or a third party site, IS INTENDED TO BE, OR SHOULD BE CONSIDERED TO BE, mEDICAL ADVICE, DIAGNOSIS, TREATMENT OR PRESCRIBING, OR A SUBSTITUTE FOR SUCH ACTIVITY. NEITHER ANTHONY WILLIAM, NOR OUR COMPANY, IS A MEDICAL DOCTOR OR OTHER LICENSED HEALTHCARE PRACTITIONER OR PROVIDER. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A HEALTH CARE PROFESSIONAL BECAUSE OF any information, materials or other content provided on the website or A third party site, or accessible through use of the website or a third party site. CONSULT WITH A LICENSED HEALTHCARE PRACTITIONER BEFORE ALTERING OR DISCONTINUING ANY CURRENT MEDICATION, TREATMENT OR CARE, OR STARTING ANY DIET, EXERCISE OR SUPPLEMENTATION PROGRAM, OR IF YOU HAVE OR SUSPECT YOU May HAVE A HEALTH CONDITION THAT REQUIRES MEDICAL ATTENTION. DO NOT USE THIS WEBSITE or a third party site FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL 911 OR ANOTHER EMERGENCY TELEPHONE NUMBER AVAILABLE IN YOUR GEOGRAPHIC LOCATION.

IF YOU RELY ON ANY information, materials or other CONTENT PROVIDED ON the WEBSITE or a third party site, OR ACCESSIBLE THROUGH USE OF the WEBSITE OR A THIRD PARTY SITE, YOU DO SO SOLELY AT YOUR OWN RISK. It is YOUR responsibility to evaluate the information, materials and other content PROVIDED ON the WEBSITE and on third Party sites, and ACCESSIBLE THROUGH USE OF the WEBSITE and THIRD PARTY SITEs.

NO INFORMATION, MATERIALS, OR OTHER CONTENT PROVIDED ON THE WEBSITE OR A THIRD PARTY SITE, OR ACCESSIBLE THROUGH USE OF THE WEBSITE OR A THIRD PARTY SITE, IS INTENDED TO BE, OR SHOULD BE CONSIDERED TO BE, A RECOMMENDATION, ENDORSEMENT, PROMISE OF BENEFIT, CLAIM OF CURE, OR GUARANTEE OF RESULTS TO BE ACHIEVED. NEITHER WE NOR ANTHONY WILLIAM RECOMMENDS OR ENDORSES ANY INDIVIDUAL, BUSINESS, PRODUCT, PROCEDURE, TEST, OR SERVICE. THE INFORMATION, materials and other content PROVIDED ON OUR WEBSITE and on third party sites, AND accessible THROUGH USE OF OUR WEBSITE and third party sites, DOES NOT NECESSARILY REFLECT OUR OPINIONS OF THOSE OF ANTHONY WILLIAM, AND IS NOT GUARANTEED TO BE CORRECT, COMPLETE, OR UP-TO-DATE.

6. Release; Limitation of Liability; Indemnification
YOU, ON YOUR OWN BEHALF AND ON BEHALF OF YOUR HEIRS, PERSONAL REPRESENTATIVES, GUARDIANS AND ANY PERSONS DERIVING THEIR CLAIMS THROUGH YOU OR ON YOUR BEHALF, HEREBY WAIVE, RELEASE AND HOLD us and our OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, AGENTS, telecommunication providers, Content providers AND STOCKHOLDERS (THE “RELEASED PARTIES”) HARMLESS FROM ANY AND ALL CLAIMS, AGENCY ACTIONS, LIABILITIES, COSTS, EXPENSES, AND DAMAGES OF ANY NATURE OR KIND WHATSOEVER, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE of OR INABILITY TO USE THE WEBSITE, THIRD PARTY SITES, OR THE CONTENT ON ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, even if any of the released parties were advised of the possibility of such damages.

YOU ACKNOWLEDGE AND AGREE THAT THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR THE NEGLIGENT OR INTENTIONAL ACTS OR OMISSIONS OF ANY THIRD PARTY OR FOR ANY OF YOUR OWN ACTIONS OR INACTIONS, THAT THE TOTAL LIABILITY, IF ANY, OF THE RELEASED PARTIES SHALL BE LIMITED TO THE FEEs PAID BY YOU TO US FOR Services purchased from us through the website, AND THAT THE RELEASED PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. YOU EXPRESSLY ABSOLVE AND RELEASE THE RELEASED PARTIES FROM ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND OUR CONTROL, INCLUDING, BUT NOT LIMITED TO, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER CONNECTION PROBLEMS, COMPUTER VIRUSES, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, SEVERE WEATHER, EARTHQUAKES or other NATURAL DISASTERS, STRIKES or other LABOR PROBLEMS, WARS, and GOVERNMENTAL RESTRICTIONS.

YOU AGREE TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE RELEASED PARTIES FROM AND AGAINST, ANY AND ALL CLAIMS, AGENCY ACTIONS, LIABILITIES, COSTS, EXPENSES, AND DAMAGES OF EVERY KIND AND NATURE WHATSOEVER, INCLUDING REASONABLE ATTORNEY’S FEES, ARISING OUT OF OR ATTRIBUTED, DIRECTLY OR INDIRECTLY, to YOUR: (I) access to or use of the Website and/or A third party site; (II) access to or use of services provided through the website; (III) VIOLATION OF ANY PROVISION OF THese terms of use; (IV) NEGLIGENCE; (V) TORTIOUS AND/OR CRIMINAL CONDUCT; and/OR (IV) VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHT.

YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THese Terms of Use or your access to or USE of the Website muST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

7. Dispute Resolution; Jurisdiction; Venue; Choice of Law
If you have a claim or dispute of any kind against or with us (the “Dispute”) and/or any of the Released Parties, you agree to initially try to resolve the Dispute informally, though direct negotiations with all parties to the Dispute. If the Dispute is not resolved through direct negotiation, you agree to try in good faith to settle the Dispute by mediation by a Florida Supreme Court Certified Circuit Civil Mediator in Sarasota, Florida prior to resorting to litigation, or some other dispute resolution procedure. You shall select the mediator from a list of three mediator names that we will supply to you. The mediator fees shall be paid equally by all parties to the Dispute, including you. The mediation proceedings and negotiations will be confidential, will not exceed three consecutive business days, and will be treated as compromise and settlement negotiations for purposes of the applicable rules of evidence. In any legal action involving the Dispute, the prevailing party shall have its expenses, costs, and attorneys’ fees (whether before trial, during trial, on appeal, or otherwise) paid by the other parties.

These Terms of Use and the Privacy Policy shall be governed, interpreted, construed and enforced in in accordance with, the laws of the State of Florida, without regard to any conflict of laws principles. Venue, for all purposes, shall be deemed to lie in Sarasota, County, Florida.

You hereby irrevocably (i) submit to the jurisdiction of the courts of the State of Florida and the United States District Court for the Middle District of Florida, Tampa Division, for the purpose of any suit, action or other legal proceeding arising out of or in connection with the Dispute, these Terms of Use, your access to or use of the Website or a Third Party Site, any product or service available through the Website or a Third Party Site, and/or the relationship between you and us (each a “Proceeding”); (ii) agree that all claims related to any Proceeding may be heard and determined in any such court; (iii) waive, to the fullest extent permitted by law, any objection, constitutional, statutory or otherwise, to the jurisdiction of any such court or from any legal process therein; (iv) agree not to commence any Proceeding other than in the State of Florida; and (v) waive, to the fullest extent permitted by law, any claim that such Proceeding is brought in an inconvenient forum. By entering into this Agreement, you understand that you may be called upon to answer a claim asserted in the State of Florida.

8. Titles and Headings; Independent Covenants; Severability
The titles and headings in these Terms of Use are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. If a court of competent jurisdiction holds any provision (or portion of a provision) of these Terms of Use to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of these Terms of Use shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

9. Changes to Terms of Use
We may change our Terms of Use and Privacy Policy from time to time and at our sole discretion. When we do, we will publish the updated documents on the Website. It is your responsibility, each time you access the Website, to check our Terms of Use and Privacy Policy for changes. Each document, at the top, will include a date indicating when it was last updated. When you access and use the Website, you will be subject to the terms and conditions of the Terms of Use and Privacy Policy then in effect. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes. If you do not agree to the changes, you must immediately discontinue use of the Website.

10. Entire Agreement
These Terms of Use and any supplemental terms, policies, rules and guidelines posted on the Website constitute the entire agreement between you and us with regard to your access and use of the Website and supersede all previous written and oral agreements on the same subject matter. Additional terms and conditions may apply in connection with your use of a specific service or feature available through the Website.

11. Contact Us
If you have any questions or concerns about these Terms of Use or our Website Content, please contact us at info@ medicalmedium.com.


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