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Website terms of service


Effective September 1, 2007

The following terms constitute an agreement between you and meraMD.com, the operator of the Site ("we" or "us"). This agreement ("Terms of Service") governs your use of the Site, both as a casual visitor and as a member. Please read them carefully because we want to be sure you understand and accept them before you use or register for this Site.

BY USING THE SERVICE, AND/OR BY REGISTERING WITH US, YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF SERVICE, including that you agree to transact with us electronically, that you consent to the information practices disclosed in our Privacy Policy, and that you consent to resolve in the Haryana, India any dispute that you may have with us, our suppliers, or the Site. Please note that we offer the Site "AS IS" and without warranties.

1. General Disclaimer

The Site contains a range of information and tools relating to health and wellness. The information may be generated by us, our partners or our registered users. Everything we offer on the Site is referred to in these Terms of Service collectively as "the Services." You may to have to register to access some or all of these services. We reserve the right to change these Terms of Service at any time. If you disagree with the changes to these Terms of Service, discontinue your use of the Site both as casual and registered user. Your ongoing use of any Service or of the Site after the changes take effect signifies your agreement to the new terms. We encourage you to review the Terms of Service regularly. We may from time to time add new Services, substitute a new Service for an existing Service, or discontinue an existing Service. Information about new Services will be included on the Site, and the use of new Services will be governed by these Terms of Service. Some services may have additional Terms of Service that apply to the use of those services. By using those Services, you agree to comply with such additional guidelines and rules.

The Site is intended for educational and informational purposes only. Neither we nor our suppliers provide medical advice or diagnoses. You should not make medical, lifestyle, treatment, or other health care decisions based solely on information on this site. The Site should be used in combination with the advice of your health care providers. Always seek the advice of a qualified health care provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you find on our Site. You are solely responsible for any decisions or actions you take based on the information on the Site.

The Site may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site.

2. Privacy Policy

In order to register, you will provide some basic information to us about yourself, such as your email address and personal details. Our Privacy Policy explains the information practices that apply to the personal information we have about you, as well as the choices you can make about the ways this information is used. You consent to the transfer of this information to any country where we may process or store the information. Additionally, you agree that we, and vendors acting on our behalf, may use your Credentials to authenticate you on any Service or the Site.

3. Your Responsibilities


You are responsible for all use of the Site and Services using your Credentials. You should ensure that no one else uses your Credentials. You are responsible for keeping your password confidential.

You may use the Site and Services for lawful, non-commercial purposes only.

You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Site and Services.

You may not attempt to gain unauthorized access to any Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Service.

You may not use contact information provided by our users, or harvest information about our users, for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications such as SPAM or SPIM. You may not allow others to use your account to violate the terms of this section. We may terminate your membership or access to the Site immediately and take other legal action if you or anyone using your Credentials violates these provisions.

You may not use any robot, spider, scraper or other automated means to access the Site or Services for any purpose without our express written permission, except that you may use Standard for Robot Exclusion (SRE) - compliant robots ("robots") when connecting to the Site. You agree not to violate any of the robot access policies and acknowledge that any violation of the policies may result in termination of your access to the Site, deactivation or deletion of your registration and all related information and files you have stored, and preclusion of any further access to such files or the Site.

You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use meraMD.com in accordance with this Agreement. You agree to be financially responsible for your use of meraMD.com (as well as for use of your account by others, including dependents living with you) and to comply with your responsibilities and obligations as stated in this Agreement.

4. Content You Post or Submit

The Site includes a community areas, where members can post messages, information, images and/or any digital data. Such posts are NOT confidential. Please be thoughtful with your Postings, and avoid offending others or infringing their rights. You may only post Postings to public areas on the Site that you created or that you have permission to post. You may not post Postings that violate these Terms of Service and we reserve the right to block your ability to post and/or to access the Site and Services if you do.

You also will have the opportunity to submit ratings of doctors and hospitals on the Site. It is important that you act responsibly when providing these ratings. Please give clear, honest information about the doctor or hospital and your experiences, but do not use inappropriate language or make gratuitous personal criticisms or comments.

You also have the opportunity to rate articles and user contributed Content. Please be respectful and thoughtful with your ratings.

You (or the author) continue to own the copyright in your Postings but, by submitting Postings to public areas of the Site, you grant us and our affiliates the right to use, copy, display, perform, distribute (through multiple tiers of distributors), adapt, translate, edit, and promote your Postings in any medium and any manner we choose, and to use your display name to attribute your postings to you if we so choose.

While some community areas are monitored for topicality, we have no obligation to prescreen Postings, and are not responsible for their content. We encourage you to notify us of inappropriate or illegal content, and we reserve the right to remove Postings for any reason. We are not, however, responsible for any failure or delay in removing Postings. Keep in mind that the Postings of others are simply their opinions and you should not rely on them.

In addition to Postings, you may submit feedback to us. We welcome your feedback regarding our Site and Services. You agree that we may use in any manner and without limitation all comments, suggestions, complaints and other feedback you provide relating to the Site or Services, and that we will own all intellectual property that we create based upon or incorporating your feedback.

5. Ownership


All of the Content available on or through the Services and/or the Site is owned by us, our suppliers, and our contributors, and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties, and also may have security components that protect digital information.

We give you permission to use the Content for personal, non-commercial purposes only. You may also print, download, and store articles and other information for your own convenience, but you may not distribute, republish, sell, mine, exploit, frame or scrape any of the Content, or exploit the Content for commercial gain. None of the Content may be reverse-engineered, disassembled, decompiled, reproduced, transcribed, stored in a retrieval system, translated into any language or computer language, re-transmitted in any form or by any means (electronic, mechanical, photoreproduction, recordation or otherwise), resold or redistributed without the prior express consent of meraMD.com.

6. Links

Links to other sites: The Site may include links to other websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only and do not mean that we endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other sites.

Links to us: You generally do not need to obtain permission from us to put a text link on your site that links back to us. We reserve the right, however, to revoke permission to the link at any time in our sole discretion. If we revoke such consent, you agree to immediately remove and disable any and all of your links to the Site. Following general guidelines apply if you are linking to us.
  • The appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our good name and trademarks
  • The appearance, position and other aspects of the link may not create the false impression that an entity is associated with, sponsored by, or endorsed by us.
  •  The link may not be used in connection with or appear on a website that a reasonable person might consider offensive, obscene, defamatory or otherwise malicious

7. Advertising

We accept advertising on our site. Please keep in mind that any dealings that you have with advertisers found on the Site are between you and the advertiser and you acknowledge and agree that neither we nor our suppliers are liable for any loss or claim you may have against an advertiser.

8. International Use


The Site and Services, including the information provided on the Site, are designed for and intended for users in India. We make no representation that the Site or Services are applicable to, appropriate for, or available to users in locations outside India. Accessing the Site and Services from territories where the content is illegal is prohibited. If you choose to access the Site and Services from a location outside India, you do so on your own initiative and you are responsible for compliance with local laws.

9. We Make No Warranties

WE PROVIDE THE SITE AND THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE AND OUR SUPPLIERS MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE AND OUR SUPPLIERS DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE AND OUR SUPPLIERS ALSO DO NOT GUARANTEE THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS. NO ORAL OR WRITTEN INFORMATION GIVEN BY OUR REPRESENTATIVE SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that this contract cannot change. You use the Site and the Services at your own risk.

10. We Do Not Provide Medical Advice

THIS SITE AND THE SERVICES OFFER HEALTH, FITNESS AND NUTRITIONAL INFORMATION, BUT ARE DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DO THEY REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL INFORMATION THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED IN THIS SITE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL. Your access or use of this Site and the Services does not create in any way a physician/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part or the part of our suppliers. We do not recommend or endorse any specific tests, physicians, procedures, opinions, or other information that may appear on the Site. If you rely on any of the information provided by this Site, its employees, or its guests or visitors, you do so solely at your own risk.

11. General Limitation of Liability

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US OR OUR SUPPLIERS IS THE CANCELLATION OF YOUR REGISTRATION. IN NO EVENT SHALL OUR, OUR PARENT’S AND OUR SUPPLIERS’ CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITE AND SERVICES EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID DURING THE PRIOR SIX MONTHS FOR THE SPECIFIC SERVICE AT ISSUE. WE AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITE AND SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. 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, OUR LIABILITY, AND THE LIABILITY OF OUR PARENT AND SUPPLIERS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

12. Personal Health Portfolio Limitation of Liability

MERAMD.COM HEREBY DISCLAIMS ANY LIABILITY TO YOU, THE USERS OF YOUR PERSONAL HEALTH PORTFOLIO, OR ANY OTHER PARTY FOR ANY DAMAGES OR INJURY THAT MAY RESULT FROM THE USE OF OR INABILITY TO USE YOUR PERSONAL HEALTH PORTFOLIO, INCLUDING BUT NOT LIMITED TO ANY DAMAGES OR INJURY CAUSED BY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION SERVICE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF SUCH PERSONAL HEALTH PORTFOLIO UNDER ANY LEGAL THEORY OR CAUSE OF ACTION. NEITHER WE NOR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO THOSE ARISING OUT OF THE USE OF THE PERSONAL HEALTH RECORD SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE PERSONAL HEALTH RECORD SERVICE.

13. Termination


We may terminate and/or suspend your registration immediately, without notice, if there has been a violation of these Terms of Service or other policies and terms posted on the Services by someone using your Credentials. We may also cancel or suspend your registration for any other reason, including inactivity for an extended period, but will attempt to notify you in advance of such cancellation or suspension. Your right to use the Services will end once your registration is canceled or terminated, and any data you have stored on such a Service may be unavailable later.

14. Indemnification

Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, and suppliers, from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of the Site and the Services. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

15. Electronic Contracting and Notices


Your affirmative act of using this Site and/or registering for the Site or Services constitutes your electronic signature to these Terms of Service and your consent to enter into agreements with us electronically. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Services (collectively, “Notices”). We can send you electronic Notices (1) to the e-mail address that you provided to us during registration, or (2) by posting the Notice on the applicable Service or otherwise through the Site. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the applicable Service. In order to receive Notices electronically, you must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), and a Windows-based operating system with an Internet browser or a Macintosh-based operating system with an Internet browser. You will need a printer attached to your personal computer to print any Notices. You can retrieve an electronic copy and a printable version of this contract by clicking on the “Terms of Service” link on any web page that hosts any of the Services. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.

16. Entire Agreement

This contract and any supplemental terms, policies, rules and guidelines posted on the Site and the Services constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

17. Choice of Law and Location for Resolving Disputes


You agree that the law of Haryana, India governs this contract and any claim or dispute that you may have against us or our suppliers, without regard to the District’s conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us or our suppliers will be resolved by a court located in Gurgaon, Haryana, India. PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF SERVICE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE DISTRICT OF COLUMBIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US RELATING TO OR ARISING OUT OF THE SITE, THE SERVICE OR THE AGREEMENT; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE DISTRICT OF COLUMBIA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

18. Assignment


We may assign this contract at any time to our parent, any subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. We will post a notice on the Site regarding any change of ownership so that you have the opportunity to discontinue your use of the Site or cancel your registration if you do not wish to continue to use the Site and Services under the new ownership. You may not assign this contract to any one else.

19. Procedures for Making Claims of Copyright Infringement


We respect the intellectual property of others, and we ask our suppliers and those posting to this Site to do the same. If you believe that your copyrighted work has been copied and is accessible on this Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information:

  1. The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.
  2. A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
  3. Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published.
  4. Identification of the URL or other specific location on this Site where the material that you claim is infringing is located; you must include enough information to allow us to locate the material.
  5. Your name, address, telephone number, and email address so that we may contact you.
  6. 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.
  7. 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 are authorized to act on the copyright owner's behalf.

Our agent for notice of claims of copyright infringement on this Site can be reached at info@meramd.com.

20. Trademarks


All trademarks appearing on the Services are the property of their respective owners, including, without limitation, meraMD.com. No right, license or interest to such trademarks is granted by this Agreement.