A. ALL USERS
DOTMED.COM, INC. ("DOTmed") hereby provides access to the information, materials and services of this site (hereinafter collectively referred to as "Content") subject to the terms and conditions herein. You are permitted to access and use this site subject to your agreement to and compliance with the terms of this Legal Notice and the other applicable terms pertaining to this site, including, the Privacy Notice for this site. Your access and use of this site is not subject to any general subscription fees for access and use, provided however, that fees and other charges and expenses may be applicable for certain offerings as specified in the site.
2. Proprietary Rights
2.1 The Content of this site, including, but not limited to, the text, graphics, logos and images, is the exclusive property of and proprietary to DOTmed and applicable third parties who have granted DOTmed the right and/or license to such and is protected by United States and international laws.
2.2 DOTMED.COM, DOTMED, DOTMED CERTIFIED, DOTMED 100, DOTMED HEALTHCARE BUSINESS DAILY NEWS, DOTMED CLEAN SWEEP AUCTIONS and all other applicable marks/logos, registered or otherwise, are trademarks and/or service marks of DOTmed, except as to those trademarks/service marks associated with third parties.
2.3 dotmed.com, dotmed.net, and dotmed.org are registered internet domains of DOTmed.
2.4 All names, products and services (other than those of DOTmed) mentioned in the site are trademarks/service marks/domains (registered or otherwise) of applicable third parties.
2.5 Except as expressly permitted under United States and international copyright, trademark and other intellectual property law or by the express terms of this site, you are not permitted to copy, transmit, publish, reproduce, redistribute, modify, sell, create derivative works or publicly display, perform, distribute or otherwise use or disclose the Content of this site in any way for any public or commercial purposes, without prior written authorization of DOTmed or other applicable intellectual property right owners.
2.6 In the event you believe that any Content or activities on this site infringe your intellectual property rights, please immediately notify DOTmed in writing of such, with proper identification and supporting materials in accordance with the procedures set forth in the DOTmed Compliance Notice and/or Policy Regarding Intellectual Property Rights Infringement and Designation of an IP Agent.
3. Conditions Of Access/Use
3.1 As a condition of your access and use of this site, you agree that you will not access and use this site for any unlawful purpose.
3.2 You agree to abide by all applicable federal, state, local and international laws, regulations and rules and you agree that you are solely responsible for all acts or omissions associated with your access and use of this site.
3.3 You agree to comply with all applicable laws regarding import or export to/from the United States and/or the country in which you reside.
3.4 You agree to abide by all the proprietary notices contained in this site.
3.5 You warrant and represent to DOTmed that you are 18 years of age or older.
4. Extracting Content (Including Data)
You are not permitted to extract any Content, including, data from this site for posting on another website or publication without DOTmed's prior written consent and subject to any terms and conditions that DOTmed may prescribe.
5. Dealings Through This Site
5.1 Third party websites linked through this site and advertisers on this site are not associated/affiliated with DOTmed and are not within DOTmed's control. Third party websites linking to this site and advertisers on such third party websites are not associated/affiliated with DOTmed and are not within DOTmed's control. DOTmed assumes no obligation or liability whatsoever for the acts or omissions of any advertisers or third party websites. The terms and conditions of access and use of third party websites and terms and conditions of access and use of advertisers apply independent of this Legal Notice and the terms pertaining to this site.
5.2 Any dealings with parties other than DOTmed are exclusively between you and such parties. DOTmed shall not be responsible or liable for any part of any such dealings, including, without limitation, terms and conditions, warranties or representations associated therewith.
5.3 DOTmed is not and shall not be a party to any disputes between users of this site, registered or otherwise. You agree to resolve all such disputes without involving DOTmed.
6. Software, Downloads, Information or Data
6.1 Any software used to operate this site is subject to applicable license terms.
6.2 Any software, information or data that is downloaded from this site is subject to applicable license terms.
6.3 Some downloads from this site may be subject to government control or other restrictions.
6.4 Any information or data pertaining to your registration on this site needs to be corrected or updated by you following the procedures for such on the site and in the event of any problems pertaining thereto, please immediately notify DOTmed in writing at 29 Broadway, Suite 2500, New York, NY 10006.
7. Service/Product Availability
This site may contain references to products and services that are not announced and/or available to you. You should consult a DOTmed business representative for information regarding the products or services that may be available to you.
If you are accessing or using the site on behalf of another person or entity, you nonetheless agree to assume personal liability for wrongful use or access of this site. You may only access and use this site under your true identity and the true identity of the other person or entity.
9.1 You are permitted to communicate through or to/from this site (hereinafter referred to as "Communications"), provided such Communications shall not be untrue, unlawful, harmful, threatening, abusive, malicious, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of others' privacy, hateful, or racially, ethically or otherwise objectionable.
9.2 You shall assume full responsibility for Communications sent to/from or through this site, and shall hold DOTmed, its parents, subsidiaries, affiliates, officers, directors, shareholders and employees harmless from any liabilities incurred as a result of or in connection with your Communications. DOTmed shall have no obligation or liability whatsoever as to any such Communications, including, but not limited to, any Communications posted on any forums of this site.
9.3 DOTmed is not a party to any user-to-user Communications or forum postings and shall have no obligation or liability with respect thereto. By access to or use of this site, you understand that you may be exposed to Content posted by another user that is defamatory, libelous, offensive, indecent, inaccurate, misleading, harmful, threatening or otherwise objectionable to you, and you agree that you shall not look to DOTmed for intervention in or resolution of any dispute relating to such.
9.4 Unless otherwise agreed upon in writing, any Communications transmitted to/from or posted on or through this site by you shall be considered non-confidential and non-proprietary. By sending such Communications, you grant DOTmed an unrestricted, irrevocable, worldwide and royalty free license to use, reproduce, display, perform, modify, transmit and distribute such, and you agree that DOTmed is free to copy, distribute, incorporate and otherwise use any data, information, images, sounds, texts, ideas, concepts, know-how, or techniques that you send to or receive from this site for any commercial or non-commercial purpose without limitation.
9.5 DOTmed may, but shall have no obligation to, monitor, limit, restrict, retain, store or forward the content of any Communications in DOTmed's sole discretion.
9.6 DOTmed reserves the right at all times to review, retain, store and/or disclose any Communications (including, data and information) as necessary to satisfy any applicable law, regulation, rules, legal process or governmental request. However, by doing so, DOTmed does not, either expressly or impliedly, endorse, affirm or in any manner assume any responsibility for such.
The structure, sequence, organization and assembling of data, databases, compilations, and any derivatives generated therefrom are protected Content. You are not permitted to extract such protected Content from this site except as expressly authorized by DOTmed.
11. System Performance
The availability of this site and the response time or other performance of this site are not guaranteed at any level or for any period of time. DOTmed reserves the right in its sole discretion to temporarily or permanently filter or block any traffic, including electronic messages, sent to/from or through this site. DOTmed is not responsible for any acts or omissions of any internet service provider, network or carrier.
B. REGISTERED USERS
13. Registration & Code of Ethics
13.1 Registration for access to and use of this site is free unless otherwise indicated. You may not use any false/misleading identity or false/misleading affiliation in registering on this site. Your registration on this site must contain truthful and accurate information.
13.2 The General Code of Ethics of this site applies. Your agreement with this Legal Notice indicates your agreement with the Code of Ethics for this site.
13.4 DOTmed reserves the right to revoke registered user status for this site of any person or entity in its sole discretion, including, in instances where a registered user is violating the terms of this site.
13.5 You may request that DOTmed cancel your registered user status for this site by contacting us in which case you may no longer be able to avail yourself of the offering of this site available to registered users.
13.6 You may unsubscribe from certain features of this site in accordance with the applicable unsubscribe function provided for in this site
C. REGISTERED USERS UTILIZING SPECIAL SERVICES
14. Special Services
14.1 Special services offered on this site shall be subject to this Legal Notice and the applicable special terms thereof, including, without limitation, Listings, Services Directory, Auction, Cleansweep Auctions, Private Sale, Gold Service Dealer, Parts Hunter, RFP, Web Site Hosting, Email Hosting, Alerts, Blue Book, Dealer Auctions, Forums, Jobs, News, DOTmed Certified, Advertising/Text Ads and EasyPay Terms.
15. Agreement & Release Regarding Special Services
15.1 Your agreement with this Legal Notice indicates your agreement with terms for special services on this site that you may use. In the event of any conflict, the special services terms shall govern.
15.2 By using the special services of this site, you agree to release DOTmed, its parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents from any and all legal actions under any theory of liability whatsoever against DOTmed relating to the special services you are using.
D. OTHER TERMS APPLICABLE TO ALL USERS
Any notices from DOTmed to you shall be deemed given if sent by email or posted on this site, and effective as of the date of the email or the posting. Any notices to DOTmed from you shall be given in writing at 29 Broadway, Suite 2500 New York, NY 10006.
17. General Disclaimer & Disclaimer Of Warranty
17.1 This site and the Content provided on this site may be subject to inaccuracies or interruptions, errors, prior modifications, subsequent changes, withdrawal or discontinuance at any time without notice or reason. The accuracy, completeness, security and proper functioning of this site and its Content are not guaranteed.
17.2 DOTmed does not warrant that this site or any linked websites are free of items such as viruses, worms, trojan horses or other items of a destructive nature. It is your responsibility to take precautions related thereto.
17.3 YOU ARE EXCLUSIVELY RESPONSIBLE TO PROTECT AND BACK-UP ANY OF YOUR DATA AND DOTMED IS NOT RESPONSIBLE FOR SUCH, INCLUDING, ANY OF YOUR DATA THAT MAY OR MAY NOT BE LOST OR DESTROYED WHATSOEVER THE CAUSE.
17.4 THE CONTENT PROVIDED ON THIS SITE IS PROVIDED "AS IS". NO WARRANTIES OR REPRESENTATIONS OF ANY NATURE ARE EXTENDED BY DOTMED, NOR CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY, WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
17.5 ANY PRODUCTS OR SERVICES THAT MAY BE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED "AS IS" "WHERE IS". NO WARRANTIES (EXPRESS OR IMPLIED), INCLUDING, WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR REPRESENTATIONS OF ANY NATURE ARE EXTENDED BY DOTMED. YOU SHOULD CONSULT THE BUSINESS REPRESENTATIVES OF ANY OFFERING PARTY FOR ANY INFORMATION REGARDING ANY WARRANTY THAT MAY BE AVAILABLE TO YOU FOR THE PRODUCTS OR SERVICES, DIRECTLY FROM THE MERCHANT. NO OFFER OR SOLICITATION IS MADE BY DOTMED HEREIN AND NONE MAY BE INFERRED.
18. Limitation Of Liabilities
IN NO EVENT SHALL DOTMED, ITS AFFILIATES OR THEIR COUNTERPARTIES BE LIABLE TO YOU FOR ANY DIRECT (EXCEEDING US$1,000.00), INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, TANGIBLE OR INTANGIBLE DAMAGES THAT YOU MAY INCUR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST REVENUE, LOST PROFITS, BUSINESS INTERRUPTION, LOST INFORMATION OR DATA, COMPUTER INTERRUPTION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES ARISING FROM OR RELATED TO THE USE OF OR INABILITY TO USE THIS SITE, LOSS AND DAMAGES RESULTING FROM INTERCEPTION OF THIS SITE BY THIRD PARTIES OR FROM REACHING OR LEAVING THIS SITE VIA A LINKED SITE, OR THOSE RESULTING FROM ANY CLAIM BY ANY OTHER PARTY; EVEN IF DOTMED KNEW OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES.
19. Non-Exclusive Revocable License
Access to and use of this site and its Content is subject to a limited, non-exclusive, non-transferable, personal and revocable license from DOTmed which is subject to suspension, cancellation, termination or modification at any time pursuant to the policies of DOTmed then in effect.
By accessing or using this site, you agree to indemnify and hold harmless DOTmed from any losses or damages, including, without limitation, direct, indirect, punitive, tangible or intangible, incidental, special or consequential damages, as well as expenses including, but not limited to, attorneys' fees, arising or resulting from or in any way connected with or related to your access or use of this site, including, any third party claims arising from such.
21. No Assignment/Transfer
Your rights and obligations hereunder are not assignable or transferable. Any attempted or actual assignment or transfer thereof by you shall be null and void unless expressly consented to in a signed writing by DOTmed.
22. Governing Law
22.1 Use of and access to this site shall be governed by the laws of the State of New York, U.S.A., without regard to its conflict of laws principles.
22.2 For purposes hereof, the United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply hereto.
22.3 For purposes hereof, the Uniform Computer Information Transactions Act or any such similar statute as adopted by any jurisdiction does not apply hereto.
Any controversy or claim between you and DOTmed shall be resolved exclusively by final and binding arbitration under the rules of the American Arbitration Association then in effect in its offices in the City of New York, State of New York, U.S.A. The language of the arbitration shall be English. Judgment upon the arbitration award may be entered in any court having jurisdiction. YOU EXPRESSLY WAIVE AS TO ANY SUCH CLAIMS: (I) YOUR RIGHT TO PROCEED IN ANY COURT HAVING JURISDICTION, (II) YOUR RIGHT TO JURY TRIAL, (III) YOUR RIGHT TO HAVE ANY STATUTORY CLAIM HEARD IN COURT, AND/OR (IV) YOUR PARTICIPATION IN ANY CLASS ACTION. YOU AGREE THAT THE FOREGOING WAIVERS ARE MATERIAL AND ESSENTIAL AND ARE NON-SEVERABLE FROM THIS ARBITRATION PROVISION. IF ANY WAIVER IS FOUND VOID OR UNENFORCEABLE AS TO ANY CLAIM, THEN THE ARBITRATION PROVISION SHALL BE NULL AND VOID ONLY IN RESPECT TO SUCH CLAIM AND THE ARBITRATION PROVISION SHALL REMAIN VALID WITH RESPECT TO ALL OTHER CLAIMS.
Without diminishing the effectiveness of the arbitration clause above, you consent to the jurisdiction of the Federal and/or State courts having jurisdiction in the County of New York, State of New York, U.S.A., and you waive any claim of lack of jurisdiction, improper venue or inconvenient forum.
25. Superseding Construction & Severability
25.1 Each provision included herein shall be independently enforceable in accordance with its terms.
25.2 Should any provision(s) included herein be determined to be invalid, illegal or unenforceable pursuant to applicable law, a valid, legal and enforceable construction that is closest to the original commercial intent thereof shall be given to and supersede such original provision(s), and the balance hereof shall remain in effect.
26. Survival Of Rights & Remedies
26.1 The rights and remedies of DOTmed hereunder shall be cumulative and may be exercised concurrently or consecutively at DOTmed's option and are in addition to the rights and remedies available to DOTmed at law and in equity, and shall survive the end of your access to and use of this site.
26.2 All rights and remedies not expressly provided herein are hereby reserved by DOTmed.
27. Revision & Amendment
27.1 No modification or amendment of any provision of this Legal Notice shall be valid unless made in writing (including, by electronic means) by DOTmed.
27.2 DOTmed reserves the right to revise or amend this Legal Notice at any time and for any reason, and any such revision or amendment shall apply as of the designated date.
28. Execution, Storage and Transmittal by Electronic Means
28.1 This Legal Notice, all notices/terms/conditions incorporated herein by reference, and any other document on www.dotmed.com ("Documents") are created, exist and are stored in electronic form, including but not limited to your agreement with DOTmed consummated on www.dotmed.com, whether referring to or incorporating this Legal Notice. By accessing or using the site, you hereby confirm that you have read and understand all applicable terms and that you voluntarily have agreed to such terms electronically.
28.2 Documents shall be transmitted electronically and executed in electronic form unless otherwise designated by DOTmed.
28.3 For all purposes, electronic signatures shall be deemed original signatures, even where an electronic signature may merely be a computer generated signature, check the box or a click through "I agree" feature or other forms of confirmation.
28.4 Documents once created and executed in electronic form or otherwise shall be valid, binding upon the parties and enforceable in accordance with its terms.
28.5 You further agree that Documents shall be archived in electronic form, and that neither party is required to retain the paper form of a Document after execution, even if it is initially executed in paper form.
28.6 Electronic means does not include any transmittal by facsimile unless otherwise designated by DOTmed.
28.7 By accessing or using this site, you agree not to contest the applicability or validity of the terms of this Legal Notice or Document.
29. Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS CAREFULLY AND UNDERSTAND AND VOLUNTARILY AGREE TO ALL OF THEM IN THEIR ENTIRETY. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF USING THIS SITE, AND ARE NOT RELYING UPON ANY WARRANTY, REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS EXPRESSLY SET FORTH HEREIN.
30. Entire Agreement
By accessing and using this site, you agree that the terms and conditions contained in the Legal Notice (including those incorporated herein by reference) represent the entire understanding between DOTmed and you with respect to your access and use of this site, and supersede any prior or contemporaneous, conflicting or additional understanding or communications between you and DOTmed.
Last Updated April, 2018
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