8. User Obligations. You represent and warrant that you will abide by all applicable local, state, national and international laws and regulations with respect to your use of the MI Web sites and not interfere with the use and enjoyment of the MI Web sites by other users or with MI's operation and management of the MI Web sites. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the MI Web sites, including, without limitation, information required to be provided through an MI Web site registration form. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, MI, in addition to MI’s other rights and remedies, reserves the right to terminate or suspend your access and use of the MI Web sites. You represent and warrant that you will not impersonate any other Person, whether actual or fictitious, when using the MI Web sites, or defame, libel, slander, threaten, stalk, harass or otherwise harm any Person, including, without limitation, MI, through your use of the MI Web sites. You represent and warrant that you shall neither send, nor assist other Persons in sending, numerous unsolicited commercial or other e-mail messages to MI; and, that you shall neither initiate, cause or support nor assist other Persons in initiating, causing or supporting, a denial of service attack or other like disruptive activity on the MI Web sites or any servers or other computer resources of, or used by, MI.
9. Proprietary Rights. The content of the MI Web sites includes, without limitation, (i) MI's trademarks, service marks, logos, designs, slogans, brands, and brand names, trade dress and trade names and other distinctive identification (collectively "MI Marks"); and (ii) information, data, data feeds, materials, interfaces, computer code, data compilations, databases, products, services, software applications and tools, applets, text, pictures, images, animation, sounds, music, graphics, logos, button icons, tables, drawings, charts, sketches, photographs, audio and video material, interactive works and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the MI Web sites (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as "MI Content"). MI Content is the property of, and title thereto remains with and is reserved to, MI, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, resale, publication, broadcast, circulation or other dissemination (including, without limitation, posting on public bulletin boards, chatrooms, blogs, social media walls or other like media) of any MI Content by you, or by you through any other Person, is prohibited unless express written consent is separately obtained from the MI or the owner of such content if the MI is not the owner. Any use of the MI Marks without MI's express written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright, trademark, proprietary or other notices, credits, labels or legends appearing in the MI Content, including, without limitation, any such notices, credits, labels or legends appearing on any MI Content you are permitted to download, transmit, display, print, reproduce or otherwise use from the MI Web sites.
10. Responsibility for Use of the Internet and MI Web sites. Use of the Internet and the MI Web sites is solely at your risk and is subject to all applicable local, state, national and international laws and regulations. MI does not guarantee the confidentiality or security of any communication or other material transmitted to or from the MI Web sites over the Internet or other communication network. MI is not, and shall not be, obligated to correct or update the MI Web sites or the MI Content and MI is not, and shall not be, liable for omissions, typographical errors, other errors, or out-of-date or otherwise incomplete information which may appear on, or be accessible by or through the use of, the MI Web sites. You agree that you are and shall be solely responsible for any and all liabilities arising from your access or use of the MI Web sites or the MI Content as well as from the disclosure of any information obtained therefrom.
11. Professional Advice Disclaimer. The MI Content is provided for informational purposes only and is not, and is not intended as, legal, risk management, insurance, medical, accounting, tax, or other professional advice or other advice whatsoever, or as a substitute for your consulting with your advisors (whether legal, risk management, insurance, medical, accounting, tax, other professional or otherwise). The MI Content does not establish medical standards of care. Standards of care vary depending on the unique presentation of each patient. For the avoidance of doubt, the MI Content is not a substitute for the reasonable discretion of skilled and informed clinicians.
12. Third Party Information. The MI Web sites may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to, articles, press clippings, opinions, advice, statements, services, offers or other information made available by third parties such as content providers and other users of the MI Web sites are those of the respective third party and not of MI or its affiliates. MI makes no representation or warranty whatsoever with respect to, and MI does not guarantee, sponsor or endorse whatsoever, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third party materials, information, services or products.
13. Advertisers. The MI Web sites may contain advertisements of third parties. The inclusion of advertisements on the MI Web sites does not imply endorsement of the advertised products or services by MI. MI shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on the MI Web sites. Further, MI shall not be responsible or liable for the statements or conduct of any third party advertisers appearing on the MI Web sites. You shall be solely responsible for any correspondence or transactions you have with any third party advertisers.
14. Links to Third Party Web sites. The MI Web sites may provide links (including, without limitation, any link through an on-line banner advertisement) to other sites on the Internet for your convenience. These other sites are maintained by third parties over which MI exercises no control. The appearance of any such third party links does not serve to, and is not intended to, endorse, sponsor, promote, represent, warrant, guarantee or approve any particular company or product or any other services, causes, campaigns, Web sites, content, or information. MI undertakes no obligation or responsibility whatsoever to you to monitor such other sites on the Internet and is not responsible in any way whatsoever for any information contained on such sites, for the privacy policies of such sites, for the practices or activities of such sites or for any information you may provide to such other sites. If you decide to access any of the third party sites linked to the MI Web sites, you do so entirely at your own risk.
16. Warranties and Other Matters.
Warranties and Other Matters Disclaimed. THE MI WEB SITES AND MI CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." IF YOU BROWSE, DOWNLOAD, COPY, DISTRIBUTE, DISPLAY, PREPARE DERIVATE WORKS OF, ADAPT OR OTHERWISE USE THE MI WEBSITE AND MI CONTENT, YOU DO SO AT YOUR OWN DISCRETION AND RISK. THE TERM “WEBSITE PRODUCTS” MEANS ANY PRODUCTS, GOODS, CONTENT, SERVICES, LICENSES, INFORMATION, MATERIAL OR OTHER RIGHTS, THINGS OR ITEMS PURCHASED, LICENSED OR OTHERWISE OBTAINED OR USED BY YOU THROUGH OR FROM THE MI WEB SITES. NEITHER MI, ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, MANAGERS, OWNERS, INSUREDS, EMPLOYEES, OFFICERS, OR TRUSTEES NOR ANY OF MI’S AGENTS, REPRESENTATIVES, SUPPLIERS, CONSULTANTS, CONTRACTORS, ADVERTISERS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY "MI PARTIES") GIVE, MAKE OR PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION, HEREBY EXPRESSLY DISCLAIMING ANY REPRESENTATION OR WARRANTY WHATSOEVER THAT (i) THE MI WEB SITES (OR THE USE THEREOF), OR MI CONTENT (OR THE USE THEREOF), OR ANY RESULTS THAT MAY BE OBTAINED OR USED BY YOU FROM THE MI WEB SITES OR THE MI CONTENT, ARE COMPLETE, TRUE, ACCURATE, CORRECT, SUITABLE, APPROPRIATE, RELIABLE OR NON-INFRINGING OR OTHERWISE FREE OF ERRORS, DEFECTS, OMISSIONS, MISTAKES OR OTHER PROBLEMS; (ii) THE MI WEB SITES (OR THE USE THEREOF), OR MI CONTENT (OR THE USE THEREOF), OR ANY RESULTS THAT MAY BE OBTAINED OR USED BY YOU FROM THE MI WEB SITES OR THE MI CONTENT IS ORIGINAL, FREE OF LIBELOUS OR OTHERWISE DEFAMATORY STATEMENTS OR CONTENT, OR OTHERWISE IN COMPLIANCE WITH LAW; (iii) ACCESS TO THE MI WEB SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iv) THE QUALITY, ACCURACY, CORRECTNESS, APPROPRIATENESS, TRUTHFULNESS, SUITABILITY, RELIABILITY, PERFORMANCE, CONDITION, CAPACITY, SECURITY, PRIVACY, TIMELINESS, USEFULNESS, SAFETY, FUNCTION OR FEATURES OF WEBSITE PRODUCTS; (v) WEBSITE PRODUCTS WILL MEET YOUR EXPECTATIONS, REQUIREMENTS, CERTIFICATIONS, NEEDS OR OTHER CRITERIA; OR (vi) MI CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE MI WEB SITES. ALL WARRANTIES, EXPRESS OR IMPLIED OR STATUTORY, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF: MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; LACK OF, OR FREE FROM, LATENT, HIDDEN, REDHIBITORY, PATENT OR OTHER DEFECTS; ARISING BY STATUTE OR OTHERWISE IN LAW; ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USE OF OR IN TRADE; AND/OR NON-INFRINGEMENT, NON-MISAPPROPRIATION OR NON-VIOLATION OF INTELLECTUAL PROPERTY. THE TERM “INTELLECTUAL PROPERTY”, IN ADDITION TO ITS ORDINARY MEANING, MEANS, FOR THE AVOIDANCE OF DOUBT, PATENTS, TRADE SECRETS, TRADEMARKS, SERVICE MARKS, COPYRIGHTS, LITERARY RIGHTS, AUTHOR RIGHTS OR OTHER PROPRIETARY RIGHTS OR RIGHTS RELATED TO UNFAIR COMPETITION OR THE LIKE. NOTHING IN THIS SECTION 16 IS, OR IS INTENDED AS, A GRANT OF ANY LICENSE OR RIGHT WHATSOEVER TO BROWSE, DOWNLOAD, COPY, DISTRIBUTE, DISPLAY, PREPARE DERIVATE WORKS OF, ADAPT OR OTHERWISE USE THE MI WEBSITE AND MI CONTENT.
17. Limitations of Liability.
WAIVER OF DAMAGES. THE MI PARTIES SHALL NOT BE LIABLE, AND DISCLAIM ANY AND ALL LIABILITY, FOR ANY CLAIM, LOSS, FINE OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, STATUTORY, WILLFUL, RELIANCE, SPECIAL, ENHANCED, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ANY OF THE FOLLOWING: LOSS OF PROFITS, REVENUE, PATRONAGE OR BUSINESS; DELAY DAMAGES; DAMAGE TO REPUTATION; LOSS OF GOODWILL; LOSS OR CORRUPTION TO DATA), EVEN IF YOU OR OTHER PERSONS HAVE ADVISED MI OR ANY OTHER OF THE MI PARTIES OF THE POSSIBILITY OR CERTAINTY OF SUCH DAMAGES. FOR THE AVOIDANCE OF DOUBT, AND WITHOUT LIMITING IN ANY WAY WHATSOEVER THE FORGOING, THE MI PARTIES SHALL NOT BE LIABLE, AND DISCLAIM ANY AND ALL LIABILITY, FOR ANY CLAIM, LOSS, FINE OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, STATUTORY, WILLFUL, RELIANCE, SPECIAL, ENHANCED, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING FROM OR OUT OF ANY ONE OR MORE OF THE FOLLOWING: (i) THE USE OF OR INABILITY TO USE, OR THE INTERRUPTION, CESSATION OR SUSPENSION IN USE OF, THE MI WEB SITES AND/OR ANY MI CONTENT; (ii) ANY INTERRUPTION IN THE AVAILABILITY OF THE MI WEB SITES AND/OR MI CONTENT; (iii) ANY LOSS OF, OR CORRUPTION TO, DATA AND/OR FROM ANY EQUIPMENT FAILURE; (iv) THE PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, CONTENT, PRODUCTS, LICENSES OR OTHER RIGHTS, THINGS OR ITEMS RESULTING FROM ANY PROBLEMS WITH THE WEBSITE PRODUCTS (AS DEFINED IN SECTION 16), OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE MI WEB SITES; (v) UNAUTHORIZED ACCESS TO, DISCLOSURE OF, ALTERATION, CORRUPTION OF OR DAMAGE TO YOUR TRANSMISSIONS OR DATA; (vi) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE MI WEB SITES; (vii) ANY DELAY OR FAILURE OF THE MI WEB SITES ARISING OUT OF CAUSES BEYOND MI'S CONTROL; (viii) THE USE OF, REFERENCE TO, OR RELIANCE ON, THE MI CONTENT; (ix) ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS, CONTENT AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THE MI WEB SITES (x) ANY BUG, VIRUS, TROJAN HORSE, WORM, TRAP DOOR, BACK DOOR, TIMER, CLOCK, OR OTHER LIMITING, COMPROMISING, DISRUPTING, DISABLING OR SABOTEUR ROUTINE, INSTRUCTION, SOFTWARE, MEANS OR DESIGN OR THE LIKE, WHICH MAY BE TRANSMITTED, PROPAGATED OR OTHERWISE DELIVERED TO OR THROUGH THE MI WEB SITES; (xi),ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, QUALITY, APPROPRIATENESS, TRUTHFULNESS, SUITABILITY, RELIABILITY, PERFORMANCE, CONDITION, CAPACITY, SECURITY, PRIVACY, FUNCTION OR FEATURES OF THE PRODUCTS, SERVICES, CONTENT, LICENSES, MATERIALS OR OTHER RIGHTS, THINGS OR ITEMS PROVIDED BY OR ADVERTISED ON THIRD PARTY WEB SITES; OR (xii) ANY OTHER MATTER RELATING TO THE MI WEB SITES OR MI CONTENT.
18. Exclusions permitted by law. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 16 AND 17 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND MI'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF SAID JURISDICTION.
Neither you or MI consents or agrees to any arbitration on a class or representative basis; and, the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. Any dispute, claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or classwide arbitration shall be brought only in the United States District Court for the Eastern District of Louisiana or Twenty-Fourth Judicial District Court of the State of Louisiana.
27. Statute of Limitations; Limitation of Actions. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the MI Web sites must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
29. Notices. Unless expressly stated otherwise herein, any notice or demand to be given by you to MI shall be in writing and shall be deemed given (a) on the next business day after timely delivery to an overnight courier with signature receipt of delivery, or (b) on the third business day after deposit in the U.S. mail (certified or registered mail, return receipt requested, postage prepaid) and, whether under (a) or (b), sent to the following:
Medical Interactive Community, LLC
One Galleria Blvd, Suite 700
Metairie, Louisiana 70001
With a copy to:
Louisiana Medical Mutual Insurance Company
One Galleria Blvd, Suite 700
Metairie, Louisiana 70001
Unless expressly stated otherwise herein, any notice or demand to be given by MI to you shall be
in writing and shall be deemed given when sent to the last current e-mail address that you provided to MI.
These Terms and Conditions of Use were last revised on September 8, 2011.