|Terms of service
|1. ACCEPTANCE OF TERMS
MediSurf.com is an Internet-based online information and service. MediSurf Inc. provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice. In addition, when using particular MediSurf services, you shall be subject to any posted guidelines or rules applicable to such services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICES
Nothing contained in MediSurf.com is intended to be instructional for medical diagnosis or treatment, nor for the patient. The information 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 visit, call, consultation or the advice of the qualified health care provider.
You hereby agree that you must evaluate, and bear all risks associated with, the use of any Information or Content, including any reliance on the accuracy, completeness, or usefulness of such Information or Content. Therefore, you agree that you may not rely on any Information or Content provided by Medisurf.com.
Information obtained in MediSurf.com is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment. You should never disregard medical advice or delay in seeking it because of something you have read in MediSurf.com.
The information contained in MediSurf.com is compiled from a variety of sources ("Information Providers"). Neither MediSurf nor Information Providers directly or indirectly practice medicine or dispense medical services as part of MediSurf.com.
MediSurf SERVICES, and INFORMATION (the "SERVICES") accessed through MediSurf.com are provided "AS IS" and on an "AS AVAILABLE" basis, without warranty, express or implied. MediSurf and Information Providers make no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Services. MediSurf and Information Providers cannot and do not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. MediSurf and Information Providers cannot and do not guarantee or warrant that files available for downloading from this online site will be free of infection by viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. MediSurf and Information Providers do not warrant or guarantee that the functions or Services performed in MediSurf.com will be uninterrupted or error-free. Users of MediSurf.com are responsible for (1) implementing and maintaining adequate procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output and (2) maintaining a means external to MediSurf.com for the reconstruction of any lost data.
EXCEPT OTHERWISE SPECIFIED HEREIN, MEDISURF MAKES NO OTHER WARRANTY EXPRESS OR IMPLIED, AND MEDISURF DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A SPECIAL PURPOSE AND NON-INFRINGEMENT.
MEDISURF SHALL NOT BE LIABLE FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MEDISURF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES)) INCLUDING, BUT NOT LIMITED TO, ANY COMPENSATION AGAINST MENTAL OR EMOTIONAL DISTRESS REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) AND STRICT PRODUCT LIABILITY OR OTHERWISE
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MEDISURF.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
3. Fees and Payments
You will pay MediSurf for all fees, charges, and any applicable taxes, associated with the Service in accordance with the current rates, payment terms, and policies specified by MediSurf. The customer hereby agrees to be responsible for payment of all applicable charges to the customer's debit account, including but not limited to the use or misuse by any unauthorized party, or any accidental use or loss. MediSurf has strict security procedures to minimize fraudulent transactions; nevertheless, MediSurf will not accept the liability of credit card transactions arising from the loss or misuse of credit cards or unauthorized access to credit card information which allows an unauthorized party to establish and use a prepaid account with MediSurf. You may cancel your account for the Service at any other time; however, MediSurf does not prorate any fees, charges, or applicable taxes associated with the Service upon any termination or cancellation and does not refund any such amounts.
4. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or MediSurf has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MediSurf has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Users of this site expressly agree to the terms set forth in the MediSurf.com Privacy Statement which contains for a detailed description of the information gathering and dissemination practices for the MediSurf.com web site. MediSurf considers its users' privacy to be of the utmost importance. Please read our Privacy Statement for further information.
6. Member Account, Password and Security
You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify MediSurf immediately of any unauthorized use of your account or any other breach of security. MediSurf will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. As such, you agree to hold MediSurf entirely harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) incurred by MediSurf in relation to, arising from or for the purpose of avoiding any claim or demand from a third party that your use of the Site or the use of the Site by any person using your screen name and/or password violates any applicable law or regulation, or the rights of any third party.
7. MEMBER CONDUCT
You shall not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any MediSurf server, or the network(s) connected to any MediSurf server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any part of the Service, other accounts, computer systems or networks connected to any MediSurf server or to any parts of the Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
You agree to indemnify and hold MediSurf, and its subsidiaries, affiliates, officers, directors, agents, co-branders, shareholder or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the Service, your access or any types of use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
10. MODIFICATIONS TO SERVICE
MediSurf reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that MediSurf shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that MediSurf, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if MediSurf believes that you have violated or acted inconsistently with the letter or spirit of the TOS. MediSurf may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that MediSurf may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that MediSurf shall not be liable to you or any third-party for any termination of your access to the Service.
12. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that MediSurf shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because MediSurf has no control over such sites and resources, you acknowledge and agree that MediSurf is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that MediSurf shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
14. MEDISURF'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by MediSurf or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MEDISURF EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. MEDISURF GIVES YOU GOOD SUGGESTIONS AND GUIDES IN THE INTERNET, BUT MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MEDISURF OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
16. WAIVER, RELEASE AND LIMITATION OF LIABILITY
YOU AGREE THAT NEITHER MEDISURF, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF MEDISURF.COM. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST MEDISURF.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF EMPOWER HEALTH CORPORATION, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF MEDISURF.COM.
NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF MEDISURF, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID BY THE USER FOR THE PARTICULAR INFORMATION OR SERVICE PROVIDED. IN NO EVENT SHALL MEDISURF, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT REFERRED TO ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE ARISING FROM ANY USE OF THE INFORMATION OR OTHER PARTS OF MEDISURF.COM'S COMMUNITY ARE HEREBY EXCLUDED EVEN IF MEDISURF, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE NOT TO REPRODUCE, DUPLICATE, COPY, SELL, RESELL OR, EXPLOIT FOR ANY COMMERCIAL PURPOSES, ANY PORTION OF THE SERVICE, USE OF THE SERVICE, OR ACCESS TO THE SERVICE.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
18. TRADEMARK INFORMATION
MediSurf, the MediSurf logo, product and service names are trademarks of MediSurf Inc. (the "MediSurf Marks"). Without MediSurf's prior permission, you agree not to display or use in any manner, the MediSurf Marks.
19. GENERAL INFORMATION
The TOS constitute the entire agreement between you and MediSurf and govern your use of the Service, superceding any prior agreements between you and MediSurf. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and MediSurf shall be governed by the laws of the Republic of Korea without regard to its conflict of law provisions. You agree that any legal action or proceeding between MediSurf.com and you for any purpose concerning arising out of or relating to this Agreement or the parties' obligations hereunder shall be brought exclusively in the District Court of Seoul, Republic of Korea.
The failure of MediSurf to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
20. COPYRIGHT NOTICE
All materials obtained through MediSurf.com are owned by third party content providers and are protected under national and international copyright law.
Altering, recompiling, systematic or programmatic copying, reselling, redistributing, publishing or re-publishing of copyrighted material or any part thereof without the explicit permission from the copyright holder is strictly prohibited.
Personal accounts and/or passwords may not be shared.
Authorized users of MediSurf.com may download, store, and/or print single copies of individual articles solely for the user's own personal, non-commercial use.
Any unauthorized copying or prohibited use of copyrighted material will result in revocation of access to MediSurf.com, and user may be exposed to liability for copyright infringement, including injunctive relief and damages under national and/or international copyright law.