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You should carefully read the following Terms and Conditions. Your use of MyMedPort implies that you have read and accepted these Terms and Conditions.
Misuse of MyMedPort is not tolerated. MyMedPort has the right, at its sole discretion, to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the MyMedPort or any Network, or remove and discard any Code or Content within any Network, without notice and for any reason.
Interaction and Networking
Your interactions with other Users on MyMedPort, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the User. Like with any web-based interaction, we suggest that you use caution and good judgment.
As a User of MyMedPort agree that MyMedPort is not responsible for any loss or damage incurred as the result of any such dealings or with respect to any other User's use or disclosure of your Personal Data. If there is a dispute between you and any third party (including any User), MyMedPort is under no obligation to become involved.
You release MyMedPort, its officers, employees, agents and successors from claims, demands and damages of every kind or nature arising out of or related to: (i) any disputes with other Users, and/or (ii) MyMedPort or associates.
User Content and Submissions
By posting User Content to any public area of any MyMedPort, including without limitation, message boards, Profiles, forums, contests and chat rooms, you automatically grant to MyMedPort and its affiliates an irrevocable, royalty-free, perpetual, fully paid non-exclusive right (including moral rights) and worldwide license to use, copy, reproduce, modify, adapt, publish, translate, communicate to the public, perform, display, and distribute such User Content (in whole or in part) and to prepare derivative works of, or incorporate into other works (in any form, media or technology now known or later developed, for the full term of any rights that may exist in such content) such User Content, and to grant and authorize sublicenses thereof (through multiple tiers).
You also represent and warrant that you have the right to grant or that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant, the license stated above. If you post User Content in any public area of MyMedPort, You also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on MyMedPort retains any and all rights that may exist in such User Content.
MyMedPort acts as a passive conduit for the online distribution and publication of User Content and has no obligation to screen User Content, communications or information in advance and is not responsible for screening or monitoring User Content posted by Users. However, MyMedPort may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of MyMedPort. MyMedPort reserves the right to expel Users and prevent their further access to MyMedPort services for violating the Terms or applicable laws, rules or regulations. MyMedPort may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for MyMedPort, damage MyMedPort brand or public image, or cause MyMedPort to lose (in whole or in part) the services of its ISPs or other suppliers.
MyMedPort does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.
The following is a partial list of User Content that is prohibited on MyMedPort. The list below is for illustration only and is not a complete list of all prohibited User Content.
Content that:
is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual; harasses, incites harassment or advocates harassment of any group or individual;
involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
promotes or endorses an illegal or unauthorized copy of another person's copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
contains restricted or password only access pages, or hidden pages or images;
displays or links to pornographic, indecent or sexually explicit material of any kind;
provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or
provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses or pirating any media; and
solicits passwords or personal identifying information from other Users.
Indemnity
Do to the nature of ecommerce and social networking and the risks associated with providing personal information, you agree to indemnify, defend, and hold harmless MyMedPort, LLC, and its owners and partners, subsidiaries, affiliates, officers, agents, and employees, from and against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys' fees) arising out of the misuse of MyMedPort, LLC.
Disclaimer of Warranty
MYMEDPORT DOES NOT WARRANT THAT THIS SITE WILL OPERATE ERROR-FREE OR THAT ANY OF ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF MYMEDPORT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, MYMEDPORT IS NOT RESPONSIBLE FOR THOSE COSTS. MYMEDPORT OPERATES ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. MYMEDPORT, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. MYMEDPORT MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
Disclaimer to Consequential Damages
IN NO EVENT SHALL MYMEDPORT, ITS SUPPLIERS, OR ANY THIRD PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE MYMEDPORT OR ITS CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MYMEDPORT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of Liability
THE MAXIMUM LIABILITY TO MYMEDPORT ARISING OUT OF OR IN CONNECTION WITH ITS USE OR CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
Trademarks
MyMedPort and other related graphics, our logo and sub-logos are the trademarks of MyMedPort and may not be used without permission. Other trademarks and trade names that may appear on MyMedPort are the property of their respective owners.
Other Information
MyMedPort is not intended to be used by individuals under the age of 17 or individuals who are not in the healthcare profession or seeking information about healthcare.
Any unauthorized use of MyMedPort is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act of the Texas Penal Code. Such violations may subject the unauthorized User and his or her agents to civil and criminal penalties.
The other Users of MyMedPort are intended third party beneficiaries of your obligations under these Terms.
MyMedPort may assign these Terms to any successor or purchaser of MyMedPort.
Any dispute between the parties arising out of these terms shall be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Collin County, TX. You hereby waive any right to a jury trial of any such dispute.
These Terms shall be governed by the laws of the State of Texas without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.
These Terms, which incorporate the MyMedPort Policies, constitutes the entire agreement between you and MyMedPort and governs your use of MyMedPort, superseding any prior agreements (whether written or oral) between you and MyMedPort regarding the subject matter hereof.
Changes to These Terms
Any updates or changes to the Terms and Conditions will be posted here on our Site and the date of the newest version posted below. Please check back frequently.
How to Contact Us
You may contact us at
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for questions or concerns about our Terms and Conditions. By using our Site, you acknowledge your review and acceptance of the Terms and Conditions in effect and understand this is a binding agreement between MyMedPort and you, the User.
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