(last updated Sep 30, 2012)
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
Welcome to Mediyak, a place for serious and respectful discussion of options in health care.
You understand that Mediyak does not endorse or warrant any particular content or information available via the Site. Additionally, we cannot guarantee the authenticity of any data which users may provide about themselves.
For specific advice on medical, health, or other matters, you should always seek the advice of a professional who is licensed and knowledgeable in that area, such as an physician or other licensed health care provider.
The contents of the Mediyak Site, such as text, graphics, images, information obtained from Mediyak's licensors, and other material contained on the Mediyak Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health 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 have read on the Mediyak Site!
If you think you may have a medical emergency, call your doctor or 911 immediately. Mediyak does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Mediyak, Mediyak employees, others appearing on the Site at the invitation of Mediyak, or other visitors to the Site is solely at your own risk.
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.
You are solely responsible for any Content and other material that you submit, publish, display or link to on the Site or send to other Mediyak users. you agree to: (a) provide true, accurate, current, and complete information about yourself. You assume all risks associated with use of Your Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Mediyak.
Because you alone are responsible for Your Content (and not Mediyak), you may expose yourself to liability if, for example, Your Content violates a third party's rights, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any Content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party or is in violation of any Federal, State or local Laws. You will at all times adhere to the Mediyak Community Guidelines and that all submitted content you believe to be true. In addition, you agree to not purposely provide false or misleading information on the Service.
You understand that Mediyak does not monitor or control the content of information posted by others, and instead simply provides a service by allowing users to access information that has been made available. Because Mediyak does not control the Content posted via the Service, Mediyak does not guarantee the accuracy, integrity or quality of such Content. You acknowledge that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Mediyak be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. Should Content be found or reported in violation with, but not limited to, the following terms, it will be Mediyak's sole discretion as to what action should be taken, including suspension and/or termination of your account.
When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that Mediyak may retain archived copies of your User Content. Mediyak does not assert any ownership over your User Content; rather, as between Mediayk and you, subject to the rights granted to Mediyak in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
In addition, you agree not to use the Service or the Site to:
All Healthcare professionals are solely responsible for following HIPAA regulations and standard rules of confidentiality. Mediyak is not a regulator of your comments and not responsible for any legal action taken against you regarding professional violation to HIPAA regulations.
Mediyak reserves the right, at any time and at its discretion, to change any fees and any other pricing terms. Any changes shall be posted on the Mediyak website and/or in your Mediyak account.
By adding a credit card to your account, either during registration or at any time thereafter, you warrant that such credit card is good and valid, and you authorize Mediyak to charge such credit card for amounts due pursuant to the payment schedule.
This Agreement is effective until terminated by you or Mediyak. All subscription fees are nonrefundable.
Termination is effective at the end of the current billing cycle after you cancel. Mediyak may terminate your listing if you fail to comply with any term or condition of this Agreement or if you fail to pay the subscription fee. Mediyak also reserves the right to terminate offering the Services at any time. Upon termination, your right to access or use business data immediately ceases, and Mediyak will have no obligation to maintain or forward any business data. After termination, Mediyak may continue to communicate with you via email with respect to new enhancements of the Services or other matters relating to the Services.
If, for whatever reason, Mediyak charges your credit card and the payment does not go through, Mediyak reserves the right to suspend your access to the services. If you fail to pay the applicable invoice within 10 days of the date of suspension, or to otherwise negotiate a payment plan for all amounts then due, Mediyak reserves the right to cancel your account. In the event Mediyak cancels your account for non-payment, all amounts due and unpaid from you to Mediyak for use of the services shall become immediately due and payable.
If you wish to dispute any charge invoiced to you by Mediyak, you agree to submit the disputed charge to us no later than five (5) business days after we have invoiced you for the disputed charge. You are responsible for timely reviewing any Mediyak Invoice. We agree to review your message and work with you to find a timely solution.
We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
Mediyak reserves the right to modify or discontinue the Service or a portion or attribute thereof, or the offering of any information, good, content, product or service with or without notice. Mediyak shall not be liable to you or any third party should Mediyak exercise its right to modify or discontinue the Service or part of it.
All copyrighted and copyrightable materials on this Site, including, without limitation, the design, text, search results, graphics, images, pictures, sound files and other files, and the selection and arrangement and compilation of information ("Materials") thereof are ALL RIGHTS RESERVED Copyright © 2009 Mediyak LLC. and/or its licensors. You are granted a limited, non-sublicensable right to access this Site, use the Services and print the Materials for your personal, non-commercial, and informational use only. We reserve the right, without notice and in our sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site. The foregoing license grant does NOT include the right for you to:
Except for the limited license granted to you, you are not conveyed any other right or license by implication, estoppels, or otherwise in or under any patent, trademark, copyright, or proprietary right of Mediyak or any third party. Any unauthorized use of this Site will terminate the permission or license granted by these Site Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.
Mediyak does not assert copyright or grant any rights to the underlying images or descriptions of listings that may be contained in our search results and that we derive from the source Web site or information provided by the Web site owner. Mediyak uses these images and excerpted descriptions solely as necessary to generate search results as a navigational tool to direct you to the originating Web site. Any use of the source images or descriptions is subject to the copyright owner's permission and/or the requirements of applicable law. Mediyak does assert copyright and reserves all right to the search results and associated compilations.
"Mediyak" and our logos are either trademarks, service marks or registered trademarks of Mediyak, Inc. or its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without our prior written permission or that of our suppliers or licensors. You may not use any meta tags or any other "hidden text" utilizing "Mediyak" or any other name, trademark, or product name of Mediyak without our permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Mediyak, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and Mediyak's names or logos mentioned herein are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
The Services contain links to third-party Web sites. These third-party sites are not under the control of Mediyak. We are providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of the site or any information contained therein. Mediyak is not responsible or liable for the contents of any linked site. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties. When leaving this Site, you should be aware that our terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.
Mediyak complies with the provisions of the Digital Millennium Copyright Act (DMCA) applicable to Internet service providers (17 U.S.C. § 512). If you believe that your work has been copied and has been posted to this Site in a way that constitutes copyright infringement, please provide Mediyak's copyright agent the following written information:
Before sending a notice to Mediyak, you should confirm that you are the copyright owner or have rights to the copyright which the DMCA requires. Contact information for Mediyak's Copyright Agent for notice of claims of copyright infringement is provided below.
To report a copyright infringement, contact Mediyak at email@example.com
Mediyak is not a publisher of content supplied by third parties and users of the Site. Accordingly, Mediyak has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not Mediyak. In many instances, the content available through this Site represents the opinions and judgments of the respective information providers or users. Mediyak does not endorse, and is not responsible for the accuracy or reliability of any opinion, advice or statement made on the site by any third party.