NOTICE: This website and affiliated applications including the HIV AIDS Test Screening Software (“HATS”) are provided by Medwiser Inc. (“Medwiser) on the terms described in these Terms of Service (the “TOS”) and Privacy Policy. The TOS and Privacy Policy may be updated from time to time, so please check for the most recent version of them here.
INTRODUCTION
Welcome to Medwiser’s website (the “website” or “site”). You will find tools here meant for your personal education, like our HIV AIDS test screening software (“HATS”). This site is meant to provide resources and information, but Medwiser does not guarantee the accuracy of its contents. Nothing on this site constitutes diagnoses or recommendations of medical care, and Medwiser does not make any warranties as to the appropriateness of particular actions for you or for individual users.
This TOS governs your access to and use of this website, including the site’s contents, features, interactive activities, and any information, text, graphics, photos, or other information uploaded, downloaded, or appearing on the site (collectively, “content”). It applies whether you access the site via a personal computer, a mobile device or any other technology or devices now known or later developed.
The Medwiser website is intended for adults who reside in the United States of America, its territories, possessions, and protectorates (“U.S.”). If you are younger than 18 or do not reside in the U.S., please exit this site immediately.
COPYRIGHT and TRADEMARK
The content on this site is owned either by Medwiser or by third parties that make such content available for use on the site. All rights are reserved. You may display, print, and download the content on this site for your own personal use, provided you do not modify the content and that you retain all copyright and other proprietary notices contained within it. You may not, without Medwiser’s permission, reproduce and house, display or store the site’s content on other servers. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded or printed content.
Some pages of the Website include content provided through Wikipedia. Such content, as well as the text of the pages on the Website incorporating such content, are licensed under the GNU Free Documentation License (such content, “GNU Licensed Content”). With respect to such GNU Licensed Content, you have permission to copy, distribute and/or modify such GNU Licensed Content under the terms of the GNU Free Documentation License, Version 1.2 or any later version published by the Free Software Foundation with no Invariant Sections, no Front-Cover Texts, and no Back-Cover Texts.
For the avoidance of any doubt, neither the underlying code and text used to generate the pages containing GNU Licensed Content, nor any content provided by third parties (such as videos, games and other content) is “GNU Licensed Content.”
Except for the above, none of the content may be copied, reproduced, distributed, republished, downloaded, displayed, stored, posted or transmitted in any form or by any means without prior written permission from Medwiser or the copyright owner.
The trademarks, service marks, and logos used and displayed on the site are registered and unregistered trademarks of Medwiser and others. It is forbidden to use any such marks without the written permission of the trademark owner.
If you believe that any of Medwiser’s content violates your intellectual property rights, please see the Digital Millennium Copyright Act Notices, below.
2. DISCLAIMER OF ENDORSEMENT
The site includes content generated by third-parties, including Medwiser’s users and other websites. Medwiser has no responsibility for such content and cannot vouch for its accuracy. Your use of third-party material is governed by the conditions set by the third-parties, not this TOS.
The site also contains links to outside sites, the content of which Medwiser neither endorses nor claims responsibility for. Those sites are independently run, and users are subject to their particular terms of service and privacy policies.
3. INFORMATION OBTAINED THROUGH MEDWISER DOES NOT CONSTITUTE MEDICAL, LEGAL, OR OTHER PROFESSIONAL ADVICE
THE INFORMATION CONTAINED IN THIS WEBSITE OR TRANSMITTED TO YOU ELECTRONICALLY IN RESPONSE TO A MESSAGE FROM YOU IS NOT INTENDED NOR IMPLIED TO CONSTITUTE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS VISIT OR SPEAK TO A QUALIFIED HEALTH SERVICE PROVIDER IN PERSON PRIOR TO STARTING ANY NEW TREATMENT OR WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. THIS WEBSITE DOES NOT DIRECTLY OR INDIRECTLY PRACTICE MEDICINE OR DISPENSE MEDICAL ADVICE AS PART OF THIS SERVICE.
IN ADDITION, NOTHING CONTAINED IN THIS WEBSITE IS INTENDED TO BE OR CONSTITUTES LEGAL ADVICE, AND USERS SHOULD ALWAYS SEEK THE ADVICE OF AN APPROPRIATE ATTORNEY OR OTHER PROFESSIONAL REGARDING INDIVIDUAL QUESTIONS OR CONCERNS OF A LEGAL OR PROFESSIONAL NATURE.
4. DISCLAIMER OF WARRANTY AND LIABILITY
MEDWISER ASSUMES NO LIABILITY FOR ANY DIAGNOSIS, TREATMENT, DECISION MADE, OR ACTION TAKEN IN RELIANCE UPON INFORMATION CONTAINED IN THE MEDWISER WEBSITE OR ANY OTHER INTERNET SITES LINKED TO IT IN ANY WAY. MEDWISER DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE MEDWISER WEB SITE OR THE INTERNET.
Furthermore, Medwiser does not make any express or implied warranties, representations, or endorsements whatsoever in connection with the site, other websites accessed by hyperlink, or the Internet generally (including without limitation, warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose.)
Medwiser is not liable for any injury, loss, claim, damage, or any incidental or consequential damages arising either directly or indirectly out of or in any way connected with the site, or any failure or delay in updating or including any materials on the site, or any use of or inability to use any materials on the site, even if Medwiser has been advised of the possibility of such damages. (Some states do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental and consequential damages, so the above exclusions may not apply to you.)
5. PROVIDER CONTENT
Registered Medwiser users may upload content at no cost, including information, text, images, video, and user profiles, to the site (“user content”). Any information you upload is subject to Medwiser’s Privacy Policy, which governs the collection and use of that information. You are entirely responsible for the content that you upload. Medwiser does not endorse, support, represent or guarantee the completeness, accuracy, or reliability of provider content, and any use or reliance on provider content is taken at your own risk. In uploading content to the site, you agree that you own or have the necessary licenses, rights, consents and permissions to all copyright or other proprietary rights integrated within the provider content. You further authorize Medwiser to use the user content in the manner contemplated in these TOS.
Some of our interactive tools and services may request you to submit health information. You are responsible for ensuring the accuracy of the information that you submit to Medwiser. Inaccurate information will affect your experience when using the site, the tools, and our ability to contact you as described in our Privacy Policy.
The Medwiser website is a public website, user content is accessible by others, and Medwiser does not guarantee the confidentiality or privacy of user content. If Medwiser allows you the option of limiting how specific user content is shared at a particular time, Medwiser will honor the option selected. Any such selection applies only to that limited piece of user content, and does not extend beyond it.
By uploading content you acknowledge that it can be used by Medwiser for public display on any of Medwiser’s property or its syndicated third-party sites, and accordingly may be hosted by Medwiser or a third-party website. Medwiser may also facilitate the public posting, viewing, and sharing of user content. User content may appear on local Medwiser sites in other countries, as well as in printed or other media created by Medwiser.
In uploading content, you grant Medwiser and its affiliates a worldwide, royalty-free, non-exclusive, sublicensable and transferable right and license: to host, cache, store, archive, index, crawl, create algorithms based on, modify or transcode provider content to appropriate media formats, standards or mediums; to use, distribute, reproduce, modify, remix, excerpt, adapt, prepare derivative works and compilations of, publicly perform and publicly display the content, and to use the content for and in connection with advertising, promotional or commercial purposes, including without limitation any media format or medium and through any media channels. Medwiser will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in these TOS obligates or may be deemed to obligate Medwiser to sell, license or offer to sell or license any advertising, promotion or distribution rights.
By uploading content to the website, you also grant to Medwiser’s registered users and to others a following non-exclusive license: (i) to access, distribute, display and/or perform the content through the website or in printed or other media created by Medwiser, including publicly on third-party web sites and the Internet generally; (ii) to rate, review, comment on and tag the content; (iii) to embed Medwiser’s video player or other form of media player with the content on any website; (iv) to send and distribute the content via e-mail, instant messenger or otherwise over or through the Internet or any other electronic communications system; and (v) to access, reproduce, distribute and/or perform the content via Medwiser’s website APIs or via RSS or any similar XML or related feeds; and (vi) to use, reproduce, distribute, remix, prepare derivative works of and compilations, display and perform the content as permitted through the functionality of the website and under these TOS, including publicly on third-party web sites and the Internet generally. The foregoing licenses granted by you shall terminate once you remove or delete, or request removal or deletion of, as applicable, your content from the website, or Medwiser removes or deletes your content under the TOS, and the removal has been processed on Medwiser’s backend. Medwiser has no duty or obligation, express or implied, to post, host, stream or otherwise include any of your content in any Medwiser property.
You may not post or transmit libelous or defamatory messages, or messages that violate any other person’s copyrights, privacy rights, trademarks, trade secrets, or rights in other confidential information. You are also prohibited from posting or transmitting any message, data, image, or program with the intent to threaten the safety of others and/or with the effect of causing a reasonable person to perceive a threat to his or her safety. You may not interfere with other users’ use of the website, including, without limitation, disrupting the normal flow or use of the service. You may not post or transmit any file which contains viruses or any other contaminating or destructive features.Users indemnify Medwiser for any and all damages suffered by third parties as a result of user’s violation of this term.
Medwiser reserves the right to remove any content that is posted in violation of these terms and to suspend you if Medwiser, in its sole discretion, believes you have: (i) violated or tried to violate the rights of Medwiser or others; or (ii) violated or tried to violate or acted inconsistently with the TOS.
6. INDEMNITY.
You agree to indemnify and hold harmless Medwiser, and its subsidiaries, affiliates, officers, agents, or other partners, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of and access to the site, any content you provide, your violation of the TOS, your violation of any rights of another person or entity, or your violation of any applicable laws or regulations.
7. Copyright and Intellectual Property Policy
Medwiser Inc. (“Medwiser”) respects the intellectual property of others, and we ask our users to do the same. It is Medwiser’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of Medwiser and/or others.
8. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICES
As required by Section 512(c)(2) of Title 17 of the United States Code, if you believe that any material on the Medwiser website infringes your copyright, you must send a notice of claimed infringement to Medwiser’s Designated Agent at the following address:
Name of Agent Designated to Receive Notification of Claimed Infringement: Dr. Michael Morgenstern
Address: Michael Morgenstern, 147-27 75TH Avenue, Flushing NY 11367
E-mail Address of Designated Agent: [email protected]
To be effective, Section 512(c)(3)(A) of Title 17 of the United States Code requires that your notification of claimed infringement be a written communication and that it include each of the following elements:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
A description of the copyrighted work claimed to have been infringed, or if more than one work is covered by the notice of claimed infringement, a description of each work.
A description of the infringing activity or of the work that is claimed to be infringing and information about the location on this website (or, if the infringing information is located on another website linked to through this website, information about the location of the link or reference on this webite) where the alleged infringement is occurring that is reasonably sufficient to allow Medwiser to locate the infringing material.
Sufficient information to allow us to contact you, including your name, address, telephone number and, if available, your e-mail address.
A statement by you that you 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.
A statement by you that the information in the notice of claimed infringement is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
9. Governing Law
With respect to any dispute regarding the website, your rights and obligations and all actions contemplated by the TOS shall be governed by the laws of New York, as if the TOS were a contract wholly entered into and wholly performed within New York. You agree to submit to the personal and exclusive jurisdiction of the courts located within the city of New York, NY USA.