Terms of Service
September 4, 2023 posted by Arabella Simmons
Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you and MedSelected.com: Pharmaceuticals Guide ("MedSelected.com," "we," "us," or "our"). By accessing or using our website, content, or services (collectively, the "Services"), you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not access or use the Services.
These Terms apply to all visitors, users, and others who access the Services. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
Eligibility
You must be at least 13 years old to use the Services. If you are between 13 and 18 (or the age of majority in your jurisdiction), you may use the Services only with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms. The Services are intended for users located in the United States. If you access the Services from outside the United States, you do so at your own risk and are responsible for compliance with local laws.
About MedSelected.com and Our Services
MedSelected.com provides general information about pharmaceuticals, medications, diseases, and supplements for educational purposes only. We do not dispense medications, operate a pharmacy, or provide healthcare services. We do not sell prescription drugs or provide patient-specific clinical advice.
Content may include articles, summaries, guides, and other informational materials. While we endeavor to provide accurate and current information, we do not guarantee that the information is complete, up-to-date, or tailored to your circumstances.
No Medical or Pharmaceutical Advice
The Services are for informational and educational purposes only and are not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician, pharmacist, or other qualified health provider with any questions regarding a medical condition, medication, or supplement. Never disregard professional advice or delay seeking it because of something you have read on the Services.
MedSelected.com does not establish a doctor–patient, pharmacist–patient, or any other healthcare professional–patient relationship through the Services.
Emergency and Safety Disclaimer
If you think you may have a medical emergency, call 911 immediately. Do not rely on the Services for urgent or emergency medical needs.
User Accounts and Security
Certain features may require you to create an account and provide accurate, current information. You are responsible for maintaining the confidentiality of your credentials and for all activities under your account. Notify us immediately of any unauthorized use or security breach. We reserve the right to suspend or terminate accounts for violation of these Terms or for any reason permitted by law.
Acceptable Use
You agree not to misuse the Services. Prohibited conduct includes, without limitation:
- Using the Services for any unlawful purpose or in violation of applicable laws or regulations.
- Infringing, misappropriating, or violating intellectual property or other rights of MedSelected.com or third parties.
- Scraping, crawling, spidering, or using any automated means to access the Services without our express permission.
- Interfering with or disrupting the integrity or performance of the Services, including introducing viruses, malware, or harmful code.
- Attempting to gain unauthorized access to the Services or related systems or networks.
- Impersonating any person or entity or misrepresenting your affiliation.
- Collecting or harvesting personal information about other users without consent.
- Using the Services to provide medical advice, practice medicine or pharmacy, or claim professional credentials you do not possess.
User Content; License Grant
If you submit, post, or otherwise make available content through the Services ("User Content"), you represent and warrant that you have all rights necessary to do so and that your User Content does not violate applicable law or these Terms. You retain ownership of your User Content. By providing User Content, you grant MedSelected.com a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to host, store, use, reproduce, distribute, display, perform, and create derivative works of your User Content in connection with operating and improving the Services.
You also grant us a perpetual, irrevocable, royalty-free right to use and incorporate into the Services any suggestions, feedback, or ideas you provide without compensation to you.
Intellectual Property Rights
The Services, including all text, graphics, logos, icons, images, audiovisual content, compilations, and software, are owned by MedSelected.com or our licensors and are protected by U.S. and international intellectual property laws. Except as expressly permitted by these Terms, you may not copy, reproduce, modify, distribute, sell, lease, create derivative works from, publicly display, or exploit any part of the Services without our prior written consent.
Third-Party Content and Services
The Services may reference third-party information, products, or services. We do not control, endorse, or assume responsibility for any third-party content. Your dealings with third parties are solely between you and the third party and are governed by their terms and policies.
Privacy
Your use of the Services is subject to our Privacy Policy, which describes how we collect, use, and disclose information. We are not a covered entity or business associate under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Do not submit protected health information (PHI) to the Services. If you choose to provide health-related information, you do so at your own risk and subject to our Privacy Policy.
Data Security; No Guarantee
We implement reasonable administrative, technical, and physical safeguards designed to protect information. However, no method of transmission or storage is completely secure, and we cannot guarantee absolute security.
Children’s Privacy
We do not knowingly collect personal information from children under 13. If we learn that we have collected personal information from a child under 13, we will take reasonable steps to delete it. Parents or guardians who believe their child has provided personal information may contact us as described in the Contact Information section.
Copyright (DMCA) Policy
We respect intellectual property rights and will respond to notices of alleged copyright infringement pursuant to the Digital Millennium Copyright Act (DMCA). If you believe content on the Services infringes your copyright, please submit a written notice containing: (1) your physical or electronic signature; (2) identification of the copyrighted work claimed to be infringed; (3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material; (4) your contact information; (5) a statement that you have a good-faith belief that use of the material is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in your notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Send DMCA notices to: DMCA Agent, MedSelected.com, 5500 Buckeystown Pike, Frederick, MD 21703, United States; Email: [email protected]. We may remove or disable access to allegedly infringing material and may terminate repeat infringers.
Warranty Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF ACCURACY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, OR THAT DEFECTS WILL BE CORRECTED.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MEDSELECTED.COM, ITS OWNER, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100) OR THE AMOUNT YOU PAID US, IF ANY, FOR THE SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM, WHICHEVER IS GREATER.
Some jurisdictions do not allow certain limitations of liability; in such cases, the foregoing limitations apply to the fullest extent permitted by law.
Indemnification
You agree to indemnify, defend, and hold harmless MedSelected.com and its owner, officers, employees, contractors, agents, and affiliates from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from or related to: (a) your access to or use of the Services; (b) your User Content; (c) your violation of these Terms or applicable law; or (d) your infringement or misappropriation of any intellectual property or other rights.
Governing Law
These Terms and any dispute arising out of or relating to them or the Services shall be governed by and construed in accordance with the laws of the State of Maryland and applicable federal law, without regard to its conflict of laws principles.
Dispute Resolution; Binding Arbitration; Class Action Waiver
Agreement to Arbitrate: You and MedSelected.com agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services that cannot be resolved informally will be resolved by binding arbitration administered by a recognized arbitration provider (such as the American Arbitration Association) under its applicable rules. Judgment on the award may be entered in any court having jurisdiction.
Exceptions: Either party may bring an individual action in small claims court within Frederick County, Maryland (or your county of residence in the United States), or seek injunctive or equitable relief in a court of competent jurisdiction for claims relating to intellectual property rights or unauthorized access to the Services.
Class and Jury Waiver: YOU AND MEDSELECTED.COM AGREE THAT ARBITRATION SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE THE RIGHT TO A JURY TRIAL.
Opt-Out: You may opt out of arbitration within thirty (30) days of first accepting these Terms by sending a written notice including your full name, address, and a clear statement of your intent to opt out to MedSelected.com, 5500 Buckeystown Pike, Frederick, MD 21703, United States, and via email to [email protected].
Termination
We may, in our sole discretion and without liability, suspend or terminate your access to the Services at any time, with or without notice, for any reason, including if we believe you have violated these Terms or applicable law. Upon termination, your right to use the Services will cease immediately. Certain provisions that by their nature should survive termination will survive, including ownership provisions, warranty disclaimers, limitations of liability, indemnification, and dispute resolution provisions.
Changes to the Services and Terms
We may modify, suspend, or discontinue any part of the Services at any time without notice. We may also update these Terms from time to time. When we do, we will revise the "Last Updated" date at the top of this page or provide additional notice as required by law. Your continued use of the Services following any changes constitutes your acceptance of the revised Terms.
International Use and Export Controls
You may not use, export, or re-export the Services or any content in violation of U.S. export laws and regulations. Accessing the Services from territories where the Services are illegal is prohibited.
Accessibility
We strive to make the Services accessible and usable for all users. If you encounter accessibility barriers, please contact us using the information below so we can address your concerns where feasible.
Electronic Communications; Notice
You consent to receive communications from us electronically, including emails and notices posted on the Services. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirements that such communications be in writing.
Notices to MedSelected.com must be sent to the address provided below. We may provide notices to you via the Services or the email address you provide.
Force Majeure
We will not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, labor disputes, shortages, riots, war, terrorism, governmental action, pandemic, epidemic, fire, flood, or failures of third-party networks or services.
Severability; Waiver
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any provision shall not be a waiver of that provision or any other provision.
Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign these Terms without restriction.
Entire Agreement
These Terms, together with our Privacy Policy and any additional terms that apply to specific features or services, constitute the entire agreement between you and MedSelected.com regarding the Services and supersede all prior or contemporaneous agreements on the same subject matter.
Contact Information
Owner: Arabella Simmons
Address: 5500 Buckeystown Pike, Frederick, MD 21703, United States
Email: [email protected]
If you have questions about these Terms or the Services, please contact us using the information above.