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Terms of Service
Terms and Conditions of Use
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. By using this site, you are deemed to have agreed to these terms and conditions of use. The G9MD Web site (this “Web site” or the “G9MD Web site”) is operated by G9MD for your and others’ personal, noncommercial enjoyment, subject to the terms of these terms and conditions of use and all modifications thereto (“Terms and Conditions”). G9MD may change the Terms and Conditions from time to time and at any time, and without actual notice to you. You should check these Terms and Conditions periodically for changes. By using this Web site after we post any changes to these Terms and Conditions, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these Terms and Conditions, please do not use this Web site.
THIS WEB SITE IS NOT A SUBSTITUTE FOR MEDICAL ATTENTION
This Web site, including any and all information, product information, data, text, music, sound, photographs, graphics, video, messages or other materials (“Content”) that may appear thereon, is intended for general educational and informational purposes only and is not intended to be used to make medical or health-related decisions.
Physicians - The Content on this Web site is not a substitute for professional judgment in diagnosing and treating patients. G9MD does not give medical advice, nor does it provide medical or diagnostic services. Your reliance upon Content obtained by you at or through this Web site is solely at your own risk.
Patients - The information on this Web site is not a substitute for, nor does it supersede professional medical advice. If you are seeking medical advice, you should consult a physician or a qualified health provider. Never hesitate in seeking medical attention based on any Content you may view on this Web site. Your reliance upon Content obtained by you at or through this Web site is solely at your own risk.
G9MD grants you a non-exclusive, non-transferable, limited right to access, use and display this Web site and the materials thereon, provided that you comply with these Terms and Conditions. By posting Content in or accessing and using any communications service, message board, newsgroup, or other interactive service available to you on or through this Web site, you agree that you are the sole person responsible for your own communications and the consequences of posting your communications; you, and not G9MD, are entirely responsible for the accuracy, completeness and ownership of all Content that you upload, post, e-mail or otherwise transmit via this Web site.
Notwithstanding the foregoing, by using this Web site you agree to not use this Web site to:
Upload, post, email or otherwise transmit any Content that is unlawful, harmful, tortious, defamatory, obscene, libelous, deceptive, fraudulent, invasive of another's privacy, or hateful;
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through this Web site;
Upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
Upload, post, email or otherwise transmit any promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
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 or any other similarly destructive activity;
Harvest, collect or store information about the users of this Web site; or Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to all export rules and regulations.
You acknowledge and agree that G9MD may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of G9MD, its users and the public.
G9MD reserves the right, in its sole discretion, to limit certain areas of this Web site to registered users, and require use of a password to access these areas. You agree to (1) maintain the confidentiality of your password, (2) prevent other users from using your password, and (3) notify us of any unauthorized use of your password.
You agree that G9MD has the right, but not the obligation, to monitor Content posted on this Web site at any time for any reason in its sole discretion to determine compliance with these Terms and Conditions and any other operating rules that G9MD may establish from time to time. Notwithstanding this right of G9MD, G9MD does not and cannot review all Content, and G9MD is not responsible for any Content on this Web site. G9MD reserves the right at all times to edit, disclose, refuse to post, request removal of or remove any Content as may be necessary to comply with any law, regulation or government or agency request (including, but not limited to patient-physician confidentiality requests) or if, in G9MD sole discretion, such Content is objectionable or in violation of these Terms and Conditions.
Any or all postings on this Web site may be purged periodically at the sole discretion of G9MD. You acknowledge and agree that Content you view or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by G9MD or its third party suppliers, or Content that is submitted to G9MD. You further acknowledge and agree that the views expressed on this Web site do not necessarily reflect the views of G9MD, and G9MD does not support or endorse any statements, opinions, Content or otherwise posted on this Web site.
The views expressed on this Web site are those of the authors. G9MD is not responsible for the accuracy, appropriateness, reliability, timeliness or usefulness of any statements, opinions or the Content on this Web site.
RESTRICTIONS ON USE OF MATERIAL
G9MD owns, controls, licenses or has the right to use and provide this Web site and all material on this Web site, including, without limitation, all Content. This Web site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. G9MD is the owner of the copyright in the entire Web site and owns a copyright in the selection, coordination, arrangement and enhancement of this Web site. You agree to abide by any and all copyright notices, information or restrictions displayed on this Web site.
You may not modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web, or in any way exploit this Web site or any portion thereof for any public or commercial use without the express written permission of G9MD. When Content is specifically provided and marked for full member download, a full member may download one (1) copy of said Content from this Web site for personal use only, provided that you maintain all copyright and other notices contained in such Content, including, without limitation, trademarks and service marks of G9MD and its third party suppliers or the copyright holder identified in the individual Content's copyright notice. You are responsible for complying with all applicable laws, rules and regulations regarding your use of any such downloaded Content. If, with permission, you copy, redistribute or publish material from this Web site, you shall not change or delete any author attribution, trademark, legend or copyright notice.
In operating this Web site, G9MD does not solicit nor does it wish to receive any confidential, secret or proprietary information. Any information or material submitted or sent to G9MD will be deemed not to be confidential or proprietary. By submitting or sending information or other material to G9MD you represent and warrant that the information is original to you and that no other party has any rights to the material, including but not limited to, intellectual property rights.
USER’S GRANT OF LIMITED LICENSE
By submitting or sending information or other material to G9MD you grant G9MD the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, sub-license and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. You should direct any concerns to that site's administrator or webmaster. G9MD reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the G9MD Web site and/or introduce different features or links to different users.
CHILDREN UNDER 13
This Web site is not directed at, nor is it intended to be considered a site suitable for children.
DISCLAIMER OF WARRANTIES
THIS WEB SITE IS PROVIDED "AS IS," "WHERE IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, G9MD SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THIS WEB SITE; (ii) ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO SITES OPERATED BY THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THIS WEB SITE OR ANY LINKED SITE; AND (iii) ANY WARRANTIES OF TITLE, WARRANTY OF NON?INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THIS WEB SITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE OF; ERROR, OMISSION, INTERRUPTION, DELETION, OR DEFECT IN; DELAY IN OPERATION OR TRANSMISSION OF, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS WEB SITE, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION. G9MD DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THIS WEB SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE. IF YOU ARE DISSATISFIED WITH THIS WEB SITE OR ANY MATERIALS ON THIS WEB SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THIS WEB SITE.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
THE CONTENT ON THIS WEB SITE IS POSTED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR PROFESSIONAL JUDGEMENT OR ANY ADVICE WHICH MAY BE PROVIDED BY A PHYSICIAN OR OTHER MEDICAL PROFESSIONAL. THE INFORMATION CONTAINED ON THIS WEB SITE IS NOT SUFFICIENT OR PROVIDED IN ORDER TO DIAGNOSE OR TREAT ANY HEALTH RELATED SYMPTOMS OR DISEASE, OR TO PRESCRIBE ANY MEDICATION. G9MD DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THIS WEB SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK.
ALL PRODUCT LABELS AND PACKAGING SHOULD BE READ CAREFULLY. G9MD MAKES NO WARRANTIES AS TO THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF PRODUCT INFORMATION TO THE MEDICAL COMMUNITY, INCLUDING THE UNITED STATES FOOD AND DRUG ADMINISTRATION REGULATIONS AS SET FORTH IN THE CODE OF FEDERAL REGUALTIONS AND REGULATIONS SET FORTH BY EUROPEAN UNION REGUALTORY BODIES. G9MD MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE COMPLETENESS, ACCURACY OR RELIABILITY OF ANY PRODUCT INFORMATION POSTED ON THIS WEB SITE.
YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THIS WEB SITE.
LIMITATION OF LIABILITY
IN NO EVENT WILL G9MD, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS, ASSIGNS OR THIRD PARTY SUPPLIERS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUE, PERSONAL INJURY OR WRONGFUL DEATH), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THIS WEB SITE, EVEN IF G9MD SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THIS WEB SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, G9MD LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT WILL G9MD LIABILITY WITH RESPECT TO THE USE OF THIS WEB SITE EXCEED THE AMOUNT, IF ANY, ACTUALLY PAID TO G9MD FOR USE OF THE SERVICES ON THIS WEB SITE.
By agreeing to use this Web site, you agree to defend, indemnify and hold G9MD, its affiliates, officers, directors and employees harmless from and against any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising out of, based upon or resulting from your use of this Web site. G9MD reserves the right, as at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you and you shall not in any event settle or dispose of any matter without the written consent of G9MD.
COPYRIGHT, SERVICEMARK & TRADEMARK NOTICE
All Content on this Web site is: Copyright (c) 2010 - 2015 G9MD, Inc. and/or its third party suppliers. All rights reserved.
ServiceMark and Trademarks on this Web site are either servicemarks, trademarks or registered trademarks of G9MD or its third party suppliers. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.
Pursuant to Title 17, United States Code, Section 512(c)(2), if you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
Your address, telephone number, and email address;
A description of the copyrighted work(s) that you claim has been infringed;
A description of where the alleged infringing material is located, or information reasonably sufficient to permit G9MD or the Copyright Agent to locate the material;
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;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
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 the copyright owner's behalf.
Upon receipt of the written notification containing the information outlined above, G9MD shall:
Remove or disable access to the material that is alleged to be infringing;
Forward the written notification to the alleged infringer (“Infringer”); and
Take reasonable steps to promptly notify the Infringer that it has removed or disabled access to the material.
Counter Notification: To be effective, a Counter Notification must be a written communication to the same G9MD Copyright Agent, and include:
A physical or electronic signature of the Infringer;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that the Infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
The Infringer’s name, address, and telephone number; and
A statement that the Infringer consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Infringer's address is outside of the United States, for any judicial district in which G9MD may be found, and that the Infringer will accept service of process from the person who provided notification or an agent of such person
Upon receipt of a Counter Notification containing the information outlined above G9MD shall:
Provide the original complaining party with a copy of the Counter Notification;
Inform the original complaining party that it will replace the removed material or cease disabling access to it within ten (10) business days;
Replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided the Copyright Agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain Infringer from engaging in infringing activity relating to the material on this Web site.
You agree that these Terms and Conditions of Use shall be governed under the laws of the State of Delaware, USA, without regard to its conflicts of law provisions.
We control and operate this Web site from our offices in the United States of America. We do not represent that materials on this Web site are appropriate or available for use in other locations. Persons who choose to access this Web site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
These Terms and Conditions represent the complete agreement between G9MD and you concerning the licenses granted hereunder, replacing all prior oral or written communications concerning its subject matter. If any provision of these Terms and Conditions is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. You may not assign, transfer or delegate your rights under these Terms and Conditions without G9MD’s prior written consent. These Terms and Conditions will be binding on and inure to the benefit of the heirs, successors and permitted assignees of the parties. Failure to exercise or delay in exercising any right hereunder shall not be considered a waiver thereof, which can only be made by signed writing. No single waiver shall be considered a continuing or permanent waiver. The captions and headings used in these Terms and Conditions are inserted for convenience only.
If you have any questions about G9MD’s Terms and Conditions for Use, please contact us:
G9MD, Inc. firstname.lastname@example.org
RECOMMENDED SYSTEM REQUIREMENTS
Any recent computer running Windows, Mac OS, or Unix machines is supported.
A broadband internet connection is required.
Safari 4 and newer (Mac and Windows)
Google Chrome 5 and newer (Mac and Windows)
Firefox 3.5 and newer (Mac and Windows)
Internet Explorer 8 and newer (Windows)
Some of the multimedia resources in this website require Apple Quicktime, or Flash Player. You will be prompted to download the appropriate plugin when necessary. No plugins are required for general use of the website, and you may skip the multimedia presentation(s) if you so desire.
Members should register for a Trial Membership to confirm that their system is compatible prior to purchasing a Full Membership.
G9MD values our relationship with you. G9MD also places a value on the unique nature and quality of its content which is offered exclusively on G9MD.tv and made available to people all around the world. As such, all sales are final. There are no refunds during the term of the agreement. Please be sure to read and understand G9MD's Terms and Conditions of Use completely prior to completing any purchase on G9MD.tv.