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Terms of Use

(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.

General

Mediyak LLC and its subsidiaries and affiliates (collectively, "Mediyak") provide you with access to this Site and the services available on it, or other Web sites as indicated below (collectively, the "Services"). Access to and use of the Services is governed by these Terms of Use.

By accessing and using this Web site at www.mediyak.com (the "Site"), you explicitly agree to comply with and be bound by the following terms and conditions (the "Terms of Use"), which Mediyak may change at any time. Please review these terms and conditions periodically and check the version date for changes.

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 site does not provide medical advice

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.

General Conditions

  1. Mediyak is not responsible for any incorrect or inaccurate content posted on the Mediyak Service or in connection with the Service. Content or profiles created and posted on the Mediyak Service may contain links to other websites, and we are not responsible for the content, accuracy or opinions expressed on such websites. Under no circumstances shall Mediyak be responsible for any loss or damage, including personal injury or death, resulting from use of the Service, attendance at any Mediyak event, from any content posted on or through the Service, or from the conduct of any users of the Service, whether online or offline. Your use of the Service is at your sole risk. The Service is provided on an «as is» and «as available» basis. Mediyak is not responsible for a user’s disclosure of their or their employer’s proprietary information. Please check with your employer or counsel before posting any proprietary information of your employer.
  2. Mediyak cannot guarantee and does not promise any specific results from use of the Service. Mediyak expressly disclaims any warranty of fitness for a particular purpose. The accuracy, completeness, adequacy, or currency of the content is not warranted or guaranteed.
  3. IN NO EVENT SHALL MEDIYAK BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICE, EVEN IF MEDIYAK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MEDIYAK'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MEDIYAK FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
  4. You agree to indemnify and hold Mediyak, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any content that you post on the Mediyak Service or through the Service causes Mediyak to be liable to another.
  5. The content and/or assistance provided is not intended to and does not constitute medical advice and no attorney-client relationship is formed.
  6. If you are an healthcare professional participating in any aspect of or in anyway on this Service, you acknowledge that the Rules of Professional Conduct of the jurisdictions where you are licensed ("Rules") apply to all aspects of your participation and that you will abide by these Rules. These Rules include, but are not limited to, the rules relating to advertising, solicitation of clients, unauthorized practice of medicine, and misrepresentations of fact. Mediyak disclaims all responsibility for your compliance with these Rules. You further agree and acknowledge that when you participate on this Service, that you will not offer medical advice, but will only provide general information.
  7. You understand that Mediyak uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  8. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Mediyak, or any other Mediyak service.
  9. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Mediyak.
  10. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Service or the content. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy our Service or the content without Mediyak's prior written permission. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of this Service, except to the extent permitted above. You may not use or otherwise export or re-export this Service or any portion thereof, or the content in violation of the export control laws and regulations of the United States of America. Any unauthorized use of this Service or its content is prohibited.
  11. Certain sections of this Service require you to register. If registration is requested, you agree to provide accurate and complete registration information. It is your responsibility to inform Mediyak of any changes to that information. Each registration is for a single individual only, unless specifically designated otherwise on the registration page. Mediyak does not permit a) anyone other than you to use the sections requiring registration by using your name or password; or b) access through a single name being made available to multiple users on a network or otherwise. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify Mediyak immediately by emailing service@mediyak.com.
  12. Third party content (including, without limitation, Postings) may appear on this Service or may be accessible via links from this Service. Mediyak shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on this Service. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief or opinion of Mediyak. Further, information and opinions provided by employees and agents of Mediyak are not necessarily endorsed by Mediyak and do not necessarily represent the beliefs and opinions of Mediyak.
  13. We may, but have no obligation to, remove content and Accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  14. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Mediyak member, employee, vendor, partner, investor, or officer will result in immediate Account termination.
  15. You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  16. You must not upload, post, host, or transmit unsolicited email, SMSs, or «spam» messages.
  17. You must not transmit any worms or viruses or any code of a destructive nature.
  18. If your bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by Mediyak) of other Mediyak customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
  19. Mediyak does not warrant that (i) the Service will meet your specific 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, service, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected.
  20. You expressly understand and agree that Mediyak shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Mediyak has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the Service.
  21. The provisions of paragraphs 1, 2, 3, 4, and 20-21 of this section are for the benefit of Mediyak and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Mediyak Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
  22. The failure of Mediyak to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Mediyak and govern your use of the Service, superseding any prior agreements between you and Mediyak (including, but not limited to, any prior versions of the Terms of Service).
  23. The Terms of Service are governed by and construed in accordance with the laws of the State of New Jersey. Any controversy or claim arising out of or relating to the Service shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in New Jersey, New Jersey and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, Mediyak may at any time seek injunctions or other forms of equitable or other relief from any court of competent jurisdiction.
  24. Questions about the Terms of Service should be sent to service@mediyak.com.

User Submitted Content

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.

Mediyak may delete any Content that in the sole judgment of Mediyak violates these Terms of Use or Community Guidelines or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Mediyak assumes no responsibility for monitoring the Services for appropriate Content or conduct. If at any time Mediyak chooses, in its sole discretion, to monitor the Services, Mediyak nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

User Conduct

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:

  1. harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  2. use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
  3. use automated scripts to collect information from or otherwise interact with the Service or the Site;
  4. upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
  5. upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends;
  6. register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
  7. impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
  8. upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  9. upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  10. solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
  11. upload, post, transmit, share or otherwise make available 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;
  12. intimidate or harass another;
  13. upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
  14. use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Site;
  15. upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type.

HIPAA Compliance

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.

Fess; Payment Terms and Termination

You agree to pay all charges as set forth on the Mediyak website, in your Mediyak account, and/or in these Terms of Use. You agree that the address and email address you provide in your account settings are valid business addresses and that Mediyak may invoice you at such addresses or through other electronic or facsimile communications.

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.

Children's Privacy

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.

Modification Of Mediyak Services

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.

Copyright And License

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:

  1. publish, publicly perform or display, or distribute to any third party any Materials, including reproduction on any computer network or broadcast or publications media;
  2. market, sell or make commercial use of the Site or any Materials;
  3. systematically collect and use of any data or content including the use of any data spiders, robots, or similar data gathering, mining or extraction methods;
  4. make derivative uses of the Site or the Materials; or
  5. use, frame or utilize framing techniques to enclose any portion of this Site (including the images found at this Site or any text or the layout/design of any page or form contained on a page).

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.

Trademarks And Service Marks

"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.

Links To Other Sites

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.

Digital Millennium Copyright Act Compliance

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:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the Site;
  • Your address, telephone number, and e-mail address;
  • 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;
  • 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.

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 copyright@mediyak.com

Disclaimer of Responsibility for Third Party Content

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.