MARI Ref is an extension of the Misdiagnosis Association and Research Institute (“MARI”, “the Company”). The information presented by us, MARI, or our affiliates, is intended for the general public, medical professionals, and our team of “MARI members” who are individuals that work for MARI in the capacity of volunteers or as paid employees, for information and education purposes.
For purposes of this agreement:
- “Site” refers to the MARI Ref’s website, which can be accessed at MARIRef.com.
- “Service” refers to our services accessed through our Site such as reference content, advertising, email communications, training, events, and any other material that refers or displays a link to this notice.
- The term “You” refers to you, as a user of our Site or our Service.
The Services in this Site are intended for physicians, healthcare providers, students, and the general public interested in such content, solely for informational purposes. By using these Services, you represent and warrant that you have the right, authority, and capacity to agree to and abide by these Terms and that you are not prohibited from using the Services or any portion thereof.
If you are a consumer who chooses to access the professional-level information made available through the Services, you should not rely on that information as professional medical advice or use the Services as a replacement for any relationship with your physician or other qualified healthcare professional. It is recommended that consumers consult their physician or healthcare provider for specialized care and further advice on medical concerns, including decisions about medications and other treatments. In serious cases, seek immediate assistance from emergency medical personnel.
The Services and information presented in this Site (“MARI Ref Content”, “Content”) are not intended to serve as a diagnostic service, tool, or platform, as a basis upon which to make diagnostic decisions, to recommend a particular product or therapy, or to otherwise substitute for the clinical judgment of a qualified healthcare professional. You agree that you will not use the Services with the intention to diagnose or treat anyone, or in any way substitute the advice of a healthcare professional, whether you are a healthcare professional or not. You are solely responsible for evaluating the Content presented in the Site and for your use or misuse of such information in connection with your treatment decisions or otherwise. You agree that you shall be solely responsible for your compliance with all laws and standards of professional practice applicable to you in your jurisdiction and the practice of medicine or other relevant health professions. We reserve the right, at any time in our sole discretion, to limit the availability and accessibility of the Content or the Services to any person, geographic area, or jurisdiction we so desire.
The views expressed here do not necessarily represent the views of any Health or Public Health Agency or Organization in the US or any other country.
Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable, and non-sublicensable license to use the Services and to view the Content made available through the Services solely for your personal and professional use. You shall not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Services, Content, or MARI properties, except as expressly permitted in these Terms. All rights not expressly granted herein are reserved by us and our respective licensors, as applicable.
Our Disclaimer Page will be updated as necessary to reflect the Terms outlined.
LINKS TO OTHER SITES AND/OR MATERIALS
The Site and Content including links to other websites ( “Linked Websites”) are for general information and educational purposes only. MARI Ref attempts to maintain the currency and accuracy of the Content but does not verify or exert any editorial control or influence over the information in the Linked Websites. All Content is provided “as is” and without any representation, guarantee, warranty, or condition of any kind whatsoever including as to its accuracy, relevance, or completeness, and may be incomplete or outdated. You are responsible for independently verifying all Content on which you wish to rely.
The inclusion of links from the Site to Linked Websites does not imply endorsement or support of any of the Linked Websites, the Content of such Linked Websites, or the owners or operators of such Linked Websites.
We have no control over Linked websites or Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Linked websites or Third Party Applications, Software or Content. Such Linked Websites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness, and we are not responsible for any Linked websites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Linked Websites or the Third Party Applications, Software or Content.
RULES FOR USER CONDUCT AND USE OF THE SERVICE
You need to be at least the majority of age in your jurisdiction to use the Service.
Your permission to use the Site is conditioned upon the following use, posting, and conduct restrictions:
You agree that you will not under any circumstances:
- access the Service for any reason other than your personal, non-commercial use solely as permitted by the normal functionality of the Service,
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services;
- Use, display, mirror or frame any of MARI Ref’s sites, or any component thereof, or MARI Ref’s trademark, logo or other proprietary information, without the written permission of MARI or MARI Ref, as applicable;
- Remove any copyright, trademark, or other proprietary rights notices contained within the MARI, including MARI Ref, and any of their respective licensors;
- Infringe or use any of our brands, logos trademarks or other proprietary marks in any business name, email, URL or other context unless expressly approved in writing by MARI or MARI Ref, as applicable;
- use the Site or the Service for the solicitation of business in the course of trade or in connection with a commercial enterprise;
- distribute any part or parts of the Site or the Service without our explicit written permission (we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices but retain the right to revoke this permission at any time on a general or specific basis);
- use the Service for any unlawful purpose or for the promotion of illegal activities including, but not limited to distribute chain letters, pyramid schemes, advertising, or spam;
- attempt to, or harass, abuse, or harm another person or group;
- collect or harvest any personal data of any user of the Site or the Service
- use another user’s account without permission;
- intentionally allow another user to access your account;
- provide false or inaccurate information when registering;
- interfere or attempt to interfere with the proper functioning of the Service;
- make any automated use of the Site, the Service or the related systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- bypass any robot exclusion headers or other measures we take to restrict access to the Service, or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;
- Attempt to access or search any MARI properties, including MARI Ref, or any content contained therein through the use of any engine, software, tool, agent, device or mechanism (including scripts, bots, spiders, scraper, crawlers, data mining tools or the like) other than through software generally available through web browsers;
- circumvent, disable or otherwise interfere with any security-related features of the Service or features that prevent or restrict use or copying of content, or enforce limitations on use of the Service or the content accessible via the Service; or
- publish or link to malicious content of any sort, including that intended to damage or disrupt another user’s browser or computer.
- Impersonate or misrepresent your affiliation with another person or entity;
- Use any MARI property, the Services or any Content in any manner not permitted by these Terms.
We may (but are not obligated to) do any or all of the following without notice:
- Investigate your use of the Services as we deem appropriate to comply with any applicable law, regulation, government request or legal process;
- Edit MARI Ref Content.
POSTING AND CONDUCT RESTRICTIONS
When you create your own personalized account, you may be able to provide [Description of Info That May Be Provided] (“User Content”) to the Service. You are solely responsible for the User Content that you post, upload, link to, or otherwise make available via the Service.
You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The Company, however, reserves the right to remove any User Content from the Service at its sole discretion.
We grant you permission to use and access the Service, subject to the following express conditions surrounding User Content. You agree that failure to adhere to any of these conditions constitutes a material breach of these Terms.
By transmitting and submitting any User Content while using the Service, you agree as follows:
You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
You will not post information that is malicious, libelous, false, or inaccurate;
You will not post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, or others, unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
You hereby agree that we have the right to determine whether your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. The Site is not responsible for any public display or misuse of your User Content.
However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service or with other Users.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
(a) Termination of Repeat Infringer Accounts. We respect the intellectual property rights of others and requires that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers. We may terminate access for participants or users who are found repeatedly to provide or post protected third-party content without necessary rights and permissions.
(b) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to our designated copyright agent at [email protected]:
- The date of your notification;
- 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 multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
- A statement 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; and
- A statement that the information in the notification 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.
(c) Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
- Your physical or electronic signature;
- A description of the content that has been removed and the location at which the content appeared before it was removed;
- A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in [insert state of residence or incorporation] and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in our sole discretion) be reinstated on the Site in ten (10) to fourteen (14) business days or more after receipt of the counter-notice.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks, service marks, patents, and other proprietary rights. Except as expressly permitted by applicable law or as authorized by us or the applicable licensor, you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform, create derivative works from, or “scrape” for commercial or any other purpose, MARI Ref properties, Content, in whole or in part. Any use of MARI Ref or the Services not expressly permitted by these Terms is a breach of these Terms and may violate our and third parties’ intellectual property rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners.
You may view information provided through the Services online, download individual articles to your computer or mobile device for later reading or print a copy of an article for yourself. You may not remove any copyright notices from our materials. You agree not to access the Services by any means other than through the interface that is provided by us for use in accessing the Services.
EMAIL MAY NOT BE USED TO PROVIDE NOTICE
Communications made through the Service’s email and messaging system will not constitute legal notice to the Site, the Service, or any of its officers, employees, agents or representatives in any situation where legal notice is required by contract or any law or regulation.
TERMINATION AND MODIFICATION
You agree that we may, under certain circumstances and without prior notice, discontinue, temporarily or permanently, the Services (or any part thereof) or eliminate your account and remove any Content that you have made available as a MARI member, with or without notice, for any of the following reasons (which are not intended to be exclusive): (a) breaches or violations of these Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the Services (or any part thereof), (e) technical or security issues or problems, (f) extended periods of inactivity, and/or (g) your engagement in fraudulent or illegal activities. You agree that all terminations for cause shall be made at our sole discretion, and we shall not be liable to you or any third party for any termination of your account or access to the Services.
THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. WE MAKE NO WARRANTY AS TO THE ACCURACY, TIMELINESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES. NO INFORMATION PROVIDED THROUGH THE SERVICES OR BY US IN ORAL OR WRITTEN FORM WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN YOUR RELIANCE UPON THE CONTENT OBTAINED OR USED BY YOU THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE MEDSCAPE NETWORK. YOU UNDERSTAND THAT WE DO NOT ASSUME RESPONSIBILITY FOR SCREENING ANY USER OF THE MEDSCAPE NETWORK NOR DO WE VERIFY OR TAKE RESPONSIBILITY FOR USER CONTENT. WE DO NOT PROVIDE MEDICAL ADVICE AND WE DO NOT RECOMMEND OR ENDORSE ANY SPECIFIC PRODUCTS, PRODUCT USERS, THERAPIES, TESTS, PHYSICIANS, HEALTHCARE PROFESSIONS OR OPINIONS.
LIMITATION OF DAMAGES; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PRESIDENT, VOLUNTEERS, MANAGERS, DIRECTORS, CHAIRS, EMPLOYEES, CONTRACTORS, AGENTS, SPONSORS, LICENSORS, PARTNERS OR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, DEVELOPING OR DELIVERING THE SITE, THE SERVICE, OR ANY OTHER MARI PRODUCT, SERVICE, OR CONTENT, BE LIABLE TO YOU FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOSS OF PROFITS, OR DAMAGES RESULTING FROM BUSINESS INTERRUPTION, OR LOST DATA) HOWEVER ARISING, WHETHER IT BE OUT OF OR IN CONNECTION WITH THESE TERMS, THAT RESULT FROM:(A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO ACCESS OR USE THE SERVICE OR ANY OF THE MARI AFFILIATED CONTENT OR PRODUCTS; (C) ANY COMMUNICATIONS OR INTERACTIONS WITH OTHER PERSONS OR GROUPS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES; (D) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (E) ANY OTHER INTERACTIONS WITH USE OR WITH ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE, OUR LICENSORS, OUR SUPPLIERS, OR ANY THIRD PARTIES MENTIONED WITH THE SERVICES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE ARE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SERVICES OR ANY INFORMATION PROVIDED THROUGH THE SERVICES. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED.OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with one or more users, a merchant of a product or service that you review using the Service, you release us (and our volunteers, managers, officers, directors, agents, subsidiaries, joint ventures, partners, president and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
If you are a California resident using the Service, you may specifically waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
You agree to defend, indemnify, and hold each of us and our respective volunteers, managers, officers, directors, employees, agents, licensors, president, 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 access to or use of this Site, the Services, Content, other MARI affiliate or your violation of these Terms.
Notice and Take Down Procedures and Copyright Agent
If you believe in good faith any materials within this Site infringe your copyright, you may request removal of those materials (or access thereto) by contacting our copyright agent (identified below) and providing the following information:
- 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.
- 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.
- Your name, address, telephone number, and (if available) e-mail address.
- A statement that you have a good faith belief that the complaint of use of the materials is not authorized by the copyright owner, its agent, or the law.
- 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.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Our agent for copyright issues relating to this website may be reached by using our Contact Us page or emailing [email protected].
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements specified above shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. We may terminate the account of any user who we determine is a repeat infringer.
We reserve the right, at our sole discretion, to modify, discontinue or terminate any of the Services, Content, or these Terms, at any time and without prior notice. If we modify these Terms in a material way, we will provide notice of such modification. By continuing to access or use the Services after we have modified these Terms, you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, you agree to immediately stop using the Site and the Services.
Any notices or other communications permitted or required hereunder, including those regarding material modifications to these Terms, will be in a written form and given by us via email (in each case to the email address included in your Registration Information). For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Our failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have questions about the Services or these Terms, or you wish to provide feedback, please contact us at [email protected]. By submitting feedback and suggestions, you grant a non-exclusive, perpetual, irrevocable, and royalty-free license to any intellectual property rights you may have in your feedback and suggestions to us to use to improve the Services.