Terms and Conditions
“Content” means text, graphics, icons, images, design, downloads, interfaces, code, software, and any other audio and visual information or material made available to you in the course of using the Service or forming part of the Service.
“Intellectual Property Rights” means any and all: (i) trademarks, service marks, trade dress, trade names, logos, corporate names, and domain names, together with all of the goodwill associated therewith; (ii) copyrightable works (including computer programs), design rights, copyrights, mask works, and rights in data and databases; (iii) trade secrets, know-how, and other confidential information; (iv) inventions (whether patentable or not), patent applications, and patents; and (v) all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights.
“Technology” means all of the proprietary technology (including know-how, techniques, designs, software, hardware, products, processes, algorithms, user interfaces, and other tangible or intangible technical material or information) used by MasterMedFacts in providing the Service.
2. Your Responsibilities.
To access certain features of the Service, you may be required to provide personal and/or other information as part of the account registration or log-in process. If you choose, or you are provided with, a username or password, you must treat such information as confidential, and you must not disclose it to any third party. You are responsible for all activity occurring under your account. MasterMedFacts is not liable for any loss or damage arising from your failure to protect your username or password. You will abide by all applicable laws in connection with your use of the Service, including those related to data privacy, international communications, and the transmission of technical or personal data. You will: (i) notify MasterMedFacts promptly of any unauthorized use of your password(s) or account(s) or any other known or suspected breach of security; and (ii) report to MasterMedFacts promptly and use reasonable efforts to stop any copying or distribution of Content that is known or suspected by you.
By using the Service, you represent that you are at least eighteen (18) years old. By accessing our Site you agree to use our Site, including all features and functionalities associated therewith and all content and software associated therewith, in accordance with all applicable laws, rules and regulations, including public performance limitations or other restrictions on use of the service or content therein. In addition, the following restrictions apply to your use of our Site:
- You agree not to impersonate others or provide false identity information to gain access to or use the Service;
- You agree not to “harvest” (or collect) Content or other information from the Service using an automated software tool or manually on a mass basis (including, for example, information about other users of the Service and information about MasterMedFacts’s offerings, products, services, and promotions);
- You agree not to use automated means to access the Service, or gain unauthorized access to the Service or to any account or computer system connected to the Service;
- You agree not to obtain, or attempt to obtain, access to areas of the Service or our systems that are not intended for access by you;
- You agree not to “flood” the Service with requests or otherwise overburden, disrupt, or harm the Service or our systems; or
- You agree not to restrict or inhibit other users from using or enjoying the Service.
- You shall not to upload, post, e-mail or otherwise send or transmit 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 associated with our Site;
- You shall not to interfere with the servers or networks connected to any portions of our Site or to violate any of the procedures, policies or regulations of networks connected to our Site;
- You shall not to impersonate any other person while using our Site, conduct yourself in a vulgar or offensive manner while using our Site, or use our Site for any unlawful purpose;
- You shall not attempt to gain unauthorized access to our Site, the server on which our Site is stored or any server, computer, or database connected to our Site;
- You shall not use our Site in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- You shall not use our Site to send, knowingly receive, upload, download, use or reuse any material which does not comply with all relevant provisions of these Terms and Conditions;
- You shall not use our Site to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam); or
- You shall not use our Site to knowingly transmit any data; send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other malicious or harmful programs or similar computer code designed to attack our Site (via a denial-of-service attack or a distributed denial-of service attack); or otherwise adversely affect the operation of any computer software or hardware.
You understand that by using the Service, you may be exposed to medical education materials and other Content that people may find offensive, indecent, or objectionable. You understand and agree that MasterMedFacts will not have any liability to you for any Content that may be found to be offensive, indecent, or objectionable.
3. License Grant and Restrictions.
'MasterMedFacts Content is licensed, not sold, to you by the Content Provider. The Content Provider may include additional terms for use within its streaming or downloaded Content. MasterMedFacts as the licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you. You also can’t sell or redistribute your ebooks, as you might with a physical copy. '
Linking to and Links from Our Site
5. Intellectual Property Ownership and Feedback.
If you provide any suggestions, ideas, enhancement requests, feedback, recommendations, or other similar information (“Feedback”) to MasterMedFacts, you hereby irrevocably and exclusively assign to MasterMedFacts all right, title, and interest (including all Intellectual Property Rights) in and to the Feedback to MasterMedFacts, and you acknowledge and agree that MasterMedFacts may freely use, reproduce, license, distribute, and otherwise commercialize the Feedback in any manner it deems appropriate. MasterMedFacts will treat any Feedback you provide as non-confidential and non-proprietary. You agree that you will not submit to MasterMedFacts any Feedback or other information that you consider to be confidential or proprietary.
The trademarks, trade names, trade dress, logos, and service marks (collectively, the "Trademarks") displayed on this Site are the registered and/or unregistered Trademarks of Company, or such third party that may own the displayed Trademarks. Nothing contained on this Site or in the Terms serves to grant to you, by implication or otherwise, any license or right to use any Trademarks displayed on this Site without the written permission of Company or such third party that may own the displayed Trademarks.
Site Contents and Copyright.
The text, Trademarks, logos, images, graphics, photos, video files, application functionality, or any other digital media, the Products Services available through our Site and their arrangement on this Site (“Company Intellectual Property”) are all subject to patent, copyright, trademark and other intellectual property protection. Company Intellectual Property may not be copied for commercial use or distribution, nor may Company Intellectual Property be modified, processed, or reposted to other websites for commercial purposes without our written permission. Access is granted to this Site solely for your use of Company services for personal entertainment, information, education and communication with Company. You may download copy or print the content of this Site for your personal non-commercial use only. No right, title or interest in any of the Content of this Site is transferred to you as a result of any downloading, copying, printing or use of this Site. All such rights in Company Intellectual Property not expressly granted in by the Company are reserved. You are not permitted to modify the paper or digital copies of Company Intellectual Property, or to use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our Site must always be acknowledged.
The MasterMedFacts Products and Services are provided for your personal use only. You agree not to resell, copy, or redistribute MasterMedFacts materials, nor may you use it for any commercial purpose.
If you order downloadable or streaming Products or Services, you agree that MasterMedFacts’ encrypted watermarks are reasonable means to detect misappropriation of its course materials which are protected by copyright and trademark law. You agree that removal of such watermarks would violate the terms of this contract.
Use of Our Streaming Service
We provide streaming Products and Services and non-streaming digital downloads over the internet to certain devices (streaming and non-streaming digital downloads are hereinafter collectively referred to as “Streaming Service”). Currently, Streaming Service is only available on computers and certain mobile devices. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate Streaming Service. Any description of how Streaming Service works should not be considered a representation or obligation with respect to how the service will always work. We are constantly making adjustments to Streaming Service and often these adjustments are not completely captured within these Terms and Conditions.
(a) Availability of Streaming Service:
The availability of Streaming Service will change from time to time, and from country to country. The quality of Streaming Services may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your internet connection. We will stream a small amount of data to your device as a buffer each time you start Streaming Service. Frequently starting and stopping Streaming Service will result in a minor increase to the amount of data the Company streams to you per hour. You are responsible for ensuring that you have internet access and for all internet access charges. Please check with your internet provider for information on possible Internet data usage charges. The Company makes no representations or warranties about the quality of Streaming Service.
Streaming Service may be unavailable to you from time to time in connection with maintenance or for other technical or non-technical reasons, and, as a result, without prior notice to you, some or all Products or Services ordinarily available via Streaming Service may cease to be available.
(b) Initiation of Streaming Service:
The amount of time it takes to initiate Streaming Service on a device will vary based on a number of factors, including your location, available bandwidth at the time, the particular Product or Service you have selected and the configuration of your device. In addition, you must be connected to the internet throughout the period in which you are accessing Streaming Service.
(c) Geographic Limitations:
You may access Streaming Service only in geographic locations where we offer Streaming Service. In addition, the content that may be available to watch may vary by geographic location.
(d) Software for Accessing Streaming Service:
We do not warrant the performance of streaming service software, including its continuing compatibility with our service. You may not copy or reproduce the software nor may you decompile, reverse engineer, disassemble, modify or creative derivative works of any of the software, or any portion thereof. Any unauthorized use of the software is strictly prohibited and the company reserves the right to not provide the software (including updates) to you at any time and to discontinue the ability to access the Streaming Service through such software at any time, without prior or any notice.
By using streaming service, you acknowledge and agree to receive, without further notice or prompting, updated versions of the software related to the streaming service. If you do not accept the foregoing terms, do not use the streaming service. We do not warrant that any of the software used and or licensed in connection with streaming service will be compatible with other third party software nor do we warrant that operation of streaming service and the associated software will not damage or disrupt other software or hardware. In addition, we do not take responsibility or otherwise warrant the performance of devices used in connection with streaming service, including the continuing compatibility of the device with our service. By using streaming service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with streaming service.
Any issues related to streaming service, including any system requirements, are covered and limited by these terms and conditions.
Copyrights and Digital Millennium Copyright Agents.
Pursuant to our rights under the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. §512, we will pursue copyright infringement for claims of infringement related to materials found on this Site,
DMCA Infringement Notification.
To be effective, your infringement notification must include the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material or content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or have access disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, including address, telephone number and email address where the complaining party may be contacted;
5. The following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”; and
6. The following statement: “The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Upon receipt of the written notification containing the information as outlined in 1 through 6 above:
1. We will remove or disable access to the content that is alleged to be infringing;
2. We will forward the written notification to the alleged infringer; and
3. We will take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the content.
DMCA Infringement Counter Notification
Pursuant to the DMCA, after the alleged infringer receives a notice of infringement from Company, the alleged infringer will have the opportunity to respond to Company with a counter notification (“Counter Notification”). To be effective, a Counter Notification must be a written communication provided to Company’s designated copyright agent, and must include the following:
1. A physical or electronic signature of the subscriber;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
3. The following statement: “I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;” and
4. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the federal district court for the judicial district in which the subscriber’s address is located, or if the subscriber’s address is outside of the United States, or any judicial district in which Company may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.
Upon the copyright agent’s receipt of a Counter Notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled and we will comply with this requirement as required by law, provided that the designated agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our network.
6. Changes to the Service.
MasterMedFacts reserves the right to make changes to, or to suspend or discontinue (temporarily or permanently), the Service or any portion thereof. You agree that we will not be liable to you or to any third party for any such change, suspension, or discontinuance. Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Site without notice. We will not be liable if for any reason our Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Site, or our entire Site.
Orders for Digital Download or Streaming Service
When you place an order to purchase any downloadable Products or Services, we will send you a confirmatory email that will contain details of what you have ordered, any delivery charges, as well as details regarding how you can download them. When you are purchasing a downloadable or streaming Product or Service, the Contract between us relating to such downloads or streaming Products or Services will only be formed once we make those Products and Services available for you to download from our servers.
7. Charges and Payment of Fees.
The price of any Product(s) and Services will be as quoted on our Site from time to time, except in cases of obvious error. Prices are liable to change at any time.
Our Site contains a large number of Products and Services and it is always possible that, despite our best efforts, some of the Products and Services listed on our Site may be incorrectly priced. We will normally verify prices as part of our dispatch and distribution procedures so that, where a Product’s or Service’s correct price is less than our stated price, we will charge the lower amount when dispatching or distributing such Product or Service to you. If a Product’s correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection. In such circumstances, we are under no obligation to provide the Product or Service to you at the incorrect (lower) price, even after we have sent you a purchase Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as incorrect pricing.
8. Term, Accessing our Site and Termination.
9. Disclaimer of Warranties and Limitation of Liabilities.
a. Disclaimer. THE SERVICE, THE CONTENT, AND THE TECHNOLOGY ARE PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND MASTERMEDFACTS HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. NEITHER MASTERMEDFACTS NOR ANY PERSON ASSOCIATED WITH MASTERMEDFACTS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE, THE TECHNOLOGY, OR THE CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER MASTERMEDFACTS NOR ANY PERSON ASSOCIATED WITH MASTERMEDFACTS REPRESENTS OR WARRANTS: (i) THAT USE OF THE SERVICE WILL BE SECURE, TIMELY, OR UNINTERRUPTED, OR THAT THE SERVICE, THE TECHNOLOGY, OR THE CONTENT WILL BE ACCURATE, RELIABLE, OR ERROR-FREE; (ii) THAT THE SERVICE OR THE TECHNOLOGY WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, OR SYSTEM; (iii) THAT THE SERVICE, THE TECHNOLOGY, OR THE CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (iv) THAT THE SERVICE, THE TECHNOLOGY, OR THE SERVER(S) THAT MAKES THE FOREGOING AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (v) THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED. ALL WARRANTIES ARE DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY LAW. The Service may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications and networks. MasterMedFacts is not responsible for any delays, delivery failures, or other damages resulting from those problems.
THE COMPANY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF STREAMING SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT THE COMPANY MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF STREAMING SERVICE, INCLUDING FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. THE COMPANY SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF DEVICES IN CONNECTION WITH STREAMING SERVICE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH STREAMING SERVICE). WITHOUT LIMITING THE FOREGOING, WE AND OUR LICENSORS ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY OF THE FOLLOWING: (I) ANY FAILURE OR INTERRUPTION IN THE AVAILABILITY OF STREAMING SERVICE, (II) DELIVERY AND OR DISPLAY OF ANY CONTENT CONTAINED ON OUR SITE OR OTHERWISE THROUGH STREAMING SERVICE; AND (III) ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE PRODUCTS OR SERVICES PROVIDED ON OUR SITE OR OTHERWISE THROUGH STREAMING SERVICE, INCLUDING ANY LOSSES OR DAMAGES ARISING FROM DOWNLOADING OF RELATED SOFTWARE, DOWNLOADING AND/OR USE OF ANY OTHER SOFTWARE. EXCEPT AS OTHERWISE PROVIDED ON OUR SITE, TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR GUARANTEE THAT YOUR USE OF THE STREAMING SERVICE WILL BE FREE FROM INTERRUPTION, LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION AND WE DISCLAIM ANY LIABILITY WITH RESPECT THERETO. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY OR AN AUTHORIZED REPRESENTATIVE OF THE COMPANY SHALL CREATE A WARRANTY OR OTHERWISE CONSTITUTE A REPRESENTATION BINDING UPON THE COMPANY.
b. Maximum Liability. IN NO EVENT WILL MASTERMEDFACTS’S AGGREGATE LIABILITY TO YOU FOR ALL COSTS, LOSSES OR DAMAGES FROM CLAIMS ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, THE TECHNOLOGY OR THE CONTENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT YOU ACTUALLY PAID MASTERMEDFACTS IN THE SIX (6)-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM.
Commentary, testimonials, reviews, and other materials posted on our Site along with the Products and Services themselves are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.
Our liability for losses you suffer as a result of us breaching this agreement, including deliberate breaches, is strictly limited to the purchase price of the Product you purchased.
c. Exclusion of Damages. IN NO EVENT WILL MASTERMEDFACTS LLC OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDER BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR OTHER SIMILAR TYPES OF DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, THE TECHNOLOGY OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, PROFITS, OR BUSINESS, LOSS OF USE, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. USE OF THE SERVICE, THE TECHNOLOGY AND THE CONTENT IS AT YOUR SOLE RISK.
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential, or certain other types of damages, so the exclusions set forth above may not apply to you AND COMPANY’S, ITS AFFILIATES’, AGENTS’, LICENSORS’ AND SUPPLIERS’ DAMAGES IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
10. Local Laws and Export Control.
MasterMedFacts LLC domain is based in India and is incorporated in the State of Delaware in the United States. MasterMedFacts makes no representation that the Service is appropriate or available for use in other locations. If you access or use the Service from other locations, you are solely responsible for compliance with all applicable laws, including, without limitation, export and import regulations of other countries. Any diversion of the Content contrary to United States law is prohibited.
Contracts for the purchase of Products and Services through our Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by governed by and construed in accordance with the laws of the state of Delaware, without regard to conflict of laws provisions. And shall be subject to the non-exclusive jurisdiction of the courts of Delaware.
When you visit this Site or send e-mails to us, you are communicating with us electronically. By using this Site, you consent to receive communications from us electronically, including, without limitation, e-mail and text messages. We will communicate with you by e-mail, text messaging or by posting notices to your account on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement for enforceability purposes, including the enforcement of electronic signatures. All notices and other communications from you to MasterMedFacts shall be in writing and shall be deemed to have been given when delivered by email to firstname.lastname@example.org
b. Assignment. These Terms and Conditions and any Contract between you and us is binding on you and us and on our respective successors and assigns.
You may not transfer, assign, change, or otherwise dispose of these Terms and Conditions or a Contract, or any of your rights or obligations arising under them, without our prior written consent. Any purported assignment in violation of this Section will be void. We may transfer, assign, charge, sub-contract or otherwise dispose of these Terms and Conditions or a Contract, or any of our rights or obligations arising under them, at any time.
f. Waiver. If MasterMedFacts’s fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract or these Terms and Conditions, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
14. Questions or Additional Information.