iMedix Search Widget - Terms of use
Welcome to iMedix health related search widget service (the "Service"). Please read carefully the following terms and conditions (the "Terms", or the "Terms of Use") because they constitute a binding agreement between you and iMedix Inc. ("iMedix").
The Service
The Service enables website owners and operators to embed the search engine in their web sites, and allows
end users to perform health related searches. By placing a search query and clicking the search button, the user
will be redirected to the search results on imedix.com web pages.
THE SERVICE DOES NOT PROVIDE MEDICAL ADVICE OR HEALTHCARE SERVICES
The use of the Service and any content on or linked from imedix.com, including any text, images and video
clips (the "Content"), is made available for educational purposes and does not constitute professional
advice. Professional medical and healthcare consultation depends on the precise facts of each and every
individual case. Any Content available through the Service and imedix.com is in no way a substitute for any
consultation with physicians and qualified healthcare providers for diagnostic and treatment purposes.
iMedix does not, either expressly or impliedly, endorse, or recommend or in any manner assume any
responsibility for any physicians, products, services, and any medical researches, reports, theories and
other information that are included in the Content, or appear in search results. When offering the Service
in your web site, you must not represent or warrant, in any form or manner, to the contrary.
License grant
Subject to these Terms you are hereby granted a personal, non-transferable, nonexclusive, revocable license to
use the Service. Your limited right of use shall automatically expire upon the termination or cancellation of
these Terms, by either party, for any reason.
Acceptable and prohibited uses
When using the Service, you agree to: (i) offer the Service to end users only; (ii) comply with any
instructions and technical specifications provided by iMedix to enable the proper functionality of the Service;
(iii) communicate your requests, queries and other submissions with respect to your use of the Service, only to
iMedix; and (iv) refrain from interfering with, circumventing, manipulating, or disrupting the operation, or the
functionality of the Service.
You may not: (i) edit, modify, filter, deface, change or obscure the layout or design of the Service, or any
computer code provided by iMedix, or any proprietary marks, including copyright notices, trademarks and other
proprietary rights notices and marks, as included or incorporated in the Service; (ii) Use the Service in or as
part of any advertisement, marketing, sales promotion or campaign or associate the Service with a product, service
or brand name; (iii) Use the Service in connection with any obscene, immoral, pornographic, gambling related, hate
related, defamatory, abusive or otherwise unlawful content; (iv) run or permit the running of any computer application
or any other tool, including crawlers, robots and similar software, to search, scan or copy the Service's functions,
or automatically retrieve data related to the Service's functionality; (v) offer access to or use of the Service
for a fee, royalty or payment of any kind; (vi) display or cause to display the Service, including the result pages
in frames, either visible or invisible, or in pop-ups or pop-unders;
Intellectual property
All rights, title and interest in and to the Service, including patents, copyrights, trademarks, trade names, service marks,
trade secrets and other intellectual property rights, and any goodwill associated therewith, are owned by, or licensed
to iMedix.
Unless otherwise expressly permitted in the Terms, you may not copy, distribute, display or perform publicly, sub-license,
decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make
commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify
or create derivative works of any of the content and computer code of the Service, either by yourself or by a third
party on your behalf, in any way or by any means, including, but not limited to electronic, mechanical or optical
means.
You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to any of iMedix's
trademarks, service marks and logos. You must avoid any action or omission which may dilute, or tarnish iMedix's
goodwill and reputation.
Requests to remove Content
iMedix respects the intellectual property rights of others. Any requests to remove copyright infringing content from the
Service or imedix.com, or counter requests to repost content, on grounds of mistake or misidentification of the
content, shall be made in accordance with iMedix's Copyright Policy.
Privacy
iMedix respects your and your end users' privacy. Our privacy policy explains the accepted privacy practices on
imedix.com. iMedix may change the terms of the privacy policy from time to time and it is therefore recommend that
you read it periodically.
Availability
The availability and functionality of the Service depend on various factors and elements, including software, hardware and communication
networks, partially provided by third parties. These factors are not fault free. iMedix does not warrant or guarantee
that the Service will operate without disruption, errors or interruptions, or that it will be accessible, or available
at all times, or immune from unauthorized access or error free.
Changes and updates to the Service
From time to time, iMedix may change the layout, design or display of the Service, as well as the scope, availability and
functionality of the Service, without giving prior notice. Changes of this type by their very nature may cause
inconvenience or even malfunctions. iMedix does not assume any responsibility with respect to, or in connection
with the introduction of such changes or to any malfunctions or failures that may result therefrom.
iMedix may change, suspend or discontinue the Service, including the availability of any feature thereof, at any time
and in its sole discretion, without giving prior notice and without liability. iMedix may, at its sole discretion,
refuse to allow access to, or any use of the Service to any applicant at any time and without prior notice.
Warranties and limitation of liability
THE SERVICE IS PROVIDED FOR USE AS IS. IMEDIX DISCLAIMS ALL WARRANTIES AND REPRESANTATIONS, EITHER EXPRESSED OR IMPLIED,
WITH RESPECT TO THE SERVICE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY,
NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY.
IMEDIX AND ANYONE ON ITS BEHALF SHALL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, FOR ANY DIRECT,
INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA),
COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACT, OR IN ANY OTHER FORM OF LIABILITY OR LEGAL THEORY, ARISING
FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICE, OR WITH ANY FAILURE, ERROR, OR BREAKDOWN
IN THE FUNCTION OF THE SERVICE, OR FROM THE ACTIVATION, USE, EMBEDMENT OR INCORPORATION OF THE SERVICE'S COMPUTER CODE
AND ANY OTHER CODE PROVIDED BY IMEDIX.
Amendments to the Terms
iMedix may change the Terms from time to time. Therefore, you should read them periodically. Substantial changes will take effect 30 days after a notification has been posted on imedix.com's homepage or any other relevant web pages on imedix.com. Other changes will take effect 7 days after their initial posting on imedix.com, unless the Terms are amended to comply with legal requirements - in such cases the amendments will become effective immediately upon their initial posting, or as required.
You agree to be bound by any of the changes made in the Terms. Continuing to use the Service will indicate your acceptance of the amended Terms. If you do not agree with any of the amended Terms, then you must avoid any further use of the Service.
Governing Law, Jurisdiction
The Terms and your use of the Service are governed by and construed in accordance with the laws of the State of New York, U.S.A., without giving effect to any choice of law or conflict of law rules or provisions, whether Federal, or of the State of New York or of any other jurisdiction, which would result in the application of the laws of a jurisdiction other than that of the State of New York. You agree to resolve any dispute or claim that you may have against iMedix and to submit to personal jurisdiction in the exclusive jurisdiction of state and federal courts in the city of New York, New York.
General
The Terms constitute the entire agreement between you and iMedix with respect to the use of the Service and supersedes any and all other agreements. No waiver, concession, extension, representation, alteration, addition or derogation from the Terms by iMedix, or pursuant to the Terms, shall be effective unless consented to explicitly and executed in writing by iMedix's authorized representative. Failure on iMedix's part to demand performance of any provision in the Terms will not constitute a waiver of any of our rights under the Terms.
Severability
If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law, and the remaining provisions of the Terms shall continue to remain in full force and effect.
Survival
The provisions of the intellectual property, disclaimer of warranty and limitation of liability sections shall survive the termination, or expiration of the Terms.