Terms of Service

Contents

The contents of the MedicalVoyce.com Site, such as text, graphics, images, information obtained from MedicalVoyce.com's licensors, and other material contained on the MedicalVoyce.com 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 MedicalVoyce Site.

If you think you may have a medical emergency, call your doctor or 911 immediately. MedicalVoyce.com 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 MedicalVoyce.com, MedicalVoyce.com employees, others appearing on the Site at the invitation of MedicalVoyce.com, 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.

A Special Notice about Children

Children (under the age of 18) are not eligible to use the Website unsupervised, and we ask that children do not submit any personal information to us. If you are under the age of 18, you may only use this Website in conjunction with, and under the supervision of, your parents or guardians.

With the usage exception of Ask-My-Doc® communication tools, with a physician as a previous patient or in the case of Doc Talk communication between physicians regarding a child patient.

Use of Content

The publishing or reprinting of any article from our Public Portal website is authorized with the terms of service listed below.  However, the publishing or reprinting by anyone other than the copyrighted author of any materials from the Professional Portal (including articles, white papers, power point, video, webinars, etc.) is expressly forbidden and will be considered a copyright infringement with all applicable liabilities.

A. If you wish to publish/reprint any article from our Public website, blog, forum, RSS feed or print publication, you must:

  1. Respect the copyrights of the authors by publishing the entire article as it is with no changes.
  2. Agree to include the FULL author’s biography paragraph at the end of the article.
  3. Agree not to change the title or content of the article in any way.
  4. Agree to make all links so that they are Active/Linkable with no syntax changes.
  5. Agree to include the article source credit below each article reprinted with the link active: Article Source: MedicalVoyce.com
  6. Agree to not put any of the articles found on this site to any web site that also contains warez, illegal mp3 or other files, instructions on how to make bombs or steal, or expressions that promote hatred or profanity or racism or bigotry, or contains pornography or exploits children or animals or any human, or any other unlawful activities.
  7. Agree to never reprint any article from this site via any unsolicited email, spamming, or pop up ads.
  8. Agree to never sell any article from MedicalVoyce.com.
  9. Agree to never charge others to view any article you reprint from our directory.
  10. Agree to limit the number of articles reprinted to no greater than taking 25 articles from our site per calendar year per unique domain that you own. In addition, for domain owners of many domains, you may not reprint more than 250 articles per year (10 sites x 25 articles reprinted per domain).
  11. Agree to not include the rel=nofollow tag in your HREF statements.
  12. Agree to not use any content from our site in audio or video derivatives whatsoever.
  13. Agree to never translate any content from our site in any language. You may not create derivative works from any of our content.
  14. Agree to not add any active links to any article you reprint from our site. This unethical behavior would lead someone to believe falsely that the author of the article endorses the active link when in fact there is no truth to that.
  15. Agree to never reprint any author photo or images found on our site.

B. Your use of anything connected to MedicalVoyce.com, our RSS feed or our website is completely at your own risk.

C. While MedicalVoyce.com may not own the copyright to all the articles found within our site, we do have permission for publishing them.

D. No additional permission is required from the author of any article within our directory as long as you agree to every term listed above in section 1. a) thru 1. n).

E. It is common courtesy to let an author know when you reprint their article, but at this time we are not providing any authors email address beyond what they may include in an article (please find it from their website link if their email address is not provided in the article.)

F. If you violate any of the terms of service and/or any author copyright when reprinting articles from our site, you agree to be held liable for all attorney fees and statutory damages awarded upon a copyright infringement lawsuit that may be brought against you. Please read Section 504(c)(2) (http://www.copyright.gov/title17/92chap5.html#504). You agree that any legal proceedings against you will occur in El Paso County in the State of Colorado, USA.

G. You acknowledge that MedicalVoyce.com has the sole right to revoke these reprint rights at any given time for any reason provided you're given 48 hours written notice via email or via fax or via telephone or via postal mail. If you're unreachable, you also agree that we may contact your web hosting provider to reach you and serve this notice. Upon receiving notice from us, you will have 24 hours to immediately remove every article you received from MedicalVoyce.com and must provide us with a written reply indicating that you have complied with our request in order to mitigate further action against you and your business to enforce this covenant.

H. You agree to never use article crawlers, rogue bots, site scrapers or any automated script/software or method that attempts to mine the article content on MedicalVoyce.com. You acknowledge that we may block your access to our site and/or membership.
The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with MedicalVoyce.com or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of MedicalVoyce.com. All rights not expressly granted herein are reserved to MedicalVoyce.com and its licensors.

If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

Liability

The use of MedicalVoyce.com and the Content is at your own risk.

When using MedicalVoyce.com, information will be transmitted over a medium that may be beyond the control and jurisdiction of MedicalVoyce.com and its suppliers unless within the Ask-My-Doc® or Doc Talk communications tools. Accordingly, MedicalVoyce.com assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of MedicalVoyce.com.

MedicalVoyce.com and the content are provided on an "as is" basis. MedicalVoyce.com, its licensors, and its suppliers, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for particular purpose. Without limiting the foregoing, MedicalVoyce.com, its licensors, and its suppliers make no representations or warranties about the following:

  1. The accuracy, reliability, completeness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of MedicalVoyce.com.
  2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on MedicalVoyce.com. In no event shall MedicalVoyce.com, its licensors, its suppliers, or any third parties mentioned on MedicalVoyce.com be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use MedicalVoyce.com or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not MedicalVoyce.com, its licensors, its suppliers, or any third parties mentioned on MedicalVoyce.com are advised of the possibility of such damages.

MedicalVoyce.com, its licensors, its suppliers, or any third parties mentioned on MedicalVoyce.com shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. MedicalVoyce.com, its licensors, its suppliers, or any third parties mentioned on MedicalVoyce.com are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

Personal Information

The personal information you submit to MedicalVoyce.com is governed by the MedicalVoyce.com Privacy Policy. To the extent there is an inconsistency between this Agreement and the MedicalVoyce.com Privacy Policy, this Agreement shall govern.
You agree that you will not upload or transmit any communications or content of any type to the Public Areas (including blogs, message boards, etc.) that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.

If you make any such submission you agree that you will not send or transmit to MedicalVoyce.com by email, (including through the email addresses listed on the "Contact Us" page) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to MedicalVoyce.com by email, you agree such submission is non-confidential for all purposes.

If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to MedicalVoyce.com by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted-MedicalVoyce.com a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. MedicalVoyce.com may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to MedicalVoyce.com by email. We try to answer every email in a timely manner, but are not always able to do so.

Physician/Practice and Subject Matter Expert Information

You agree to only post or upload Media (like photos, videos or audio) that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person.
Uploading media like images or video of other people without their permission is strictly prohibited.

By uploading any media on MedicalVoyce.com, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein.

It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions, the and the Medical Voyce Privacy Policy.

You agree that you will not upload 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 this Web site.

By uploading any media like a photo or video, (a) you grant to MedicalVoyce.com a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; and (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes MedicalVoyce.com to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify MedicalVoyce.com and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the media and/or your failure to comply with these the terms described in this document.

MedicalVoyce.com reserves the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion

Account and Information Security

MedicalVoyce.com has several sections that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your MedicalVoyce.com passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your MedicalVoyce.com account and password; (3) promptly inform MedicalVoyce.com of any need to deactivate a password.

You grant MedicalVoyce.com and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. MedicalVoyce.com cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using MedicalVoyce.com tools and services.

Public Portal

If you use a Public Area, such as message boards or blogs, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. MedicalVoyce.com and its licensors are not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

  1. Using a Public Area for any purpose in violation of local, state, national, or international laws;
  2. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
  3. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by MedicalVoyce.com in its sole discretion;
  4. Posting advertisements or solicitations of business;
  5. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
  6. Posting chain letters or pyramid schemes;
  7. Impersonating another person;
  8. Distributing viruses or other harmful computer code;
  9. Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments; consent;
  10. Allowing any other person or entity to use your identification for posting or viewing comments;
  11. Posting the same note more than once or "spamming"; or
  12. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of MedicalVoyce.com exposes MedicalVoyce.com or any of its customers or suppliers to any liability or detriment of any type.

MedicalVoyce.com Reserves the Right (but is Not Obligated) to Do Any or All of the Following:

  1. Record the dialogue in public chat rooms.
  2. Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
  3. Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
  4. Monitor, edit, or disclose any communication in the Public Areas.
  5. Edit or delete any communication(s) posted on MedicalVoyce.com, regardless of whether such communication(s) violate these standards.
    MedicalVoyce.com or its licensors have no liability or responsibility to users of MedicalVoyce.com or any other person or entity for performance or nonperformance of the aforementioned activities.

Advertisements

MedicalVoyce.com may provide links to third-party web sites. MedicalVoyce.com does not recommend and does not endorse the content on any third-party websites. MedicalVoyce.com is not responsible for the content of linked third-party sites, sites framed within MedicalVoyce.com, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. MedicalVoyce.com does not endorse any product, service, or treatment advertised on MedicalVoyce.com.

Indemnity

You agree to defend, indemnify, and hold MedicalVoyce.com, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

General

MedicalVoyce.com is based in Colorado Springs, Colorado, in the United States of America. MedicalVoyce.com makes no claims that MedicalVoyce.com, Ask-My-Doc®, or any Site within the MedicalVoyce.com network and the content are appropriate or may be downloaded outside of the United States. Access to the content may not be legal by certain persons or in certain countries. If you access the MedicalVoyce.com network from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, User Submissions – image, video, audio files, Indemnity, Jurisdiction, and Complete Agreement.

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with MedicalVoyce.com, or in any way relating to your use of MedicalVoyce.com, resides in the courts of the State of Colorado and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Colorado in connection with any such dispute including any claim involving MedicalVoyce.com or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms and Conditions are governed by the internal substantive laws of the State of Colorado, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Notice and Takedown Procedures; and Copyright Agent

If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting MedicalVoyce.com’s copyright agent (identified below) and providing the following information:

  1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
  2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
  3. Your name, address, telephone number and (if available) e-mail address.
  4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
  5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
  6. A signature or the electronic equivalent from the copyright holder or authorized representative.

MedicalVoyce.com’s agent for copyright issues relating to this web site is as follows:

Medical Voyce, LLC
Attn: Office of Privacy
723 N. Weber St.
Colorado Springs, Colorado 80903
info@MedicalVoyce.com

In an effort to protect the rights of copyright owners, MedicalVoyce.com maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.

Complete Agreement

Except as expressly provided in a particular "legal notice" on MedicalVoyce.com, these Terms and Conditions and the Medical Voyce Privacy Policy constitute the entire agreement between you and MedicalVoyce.com with respect to the use of the MedicalVoyce.com, and Content.

Thank you for your cooperation. We hope you find MedicalVoyce.com helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our Contact Us Form or via U.S. mail to: Medical Voyce, LLC Office of Privacy, 723 N. Weber, Colorado Springs, Colorado.

Last Updated: September 7, 2010