Terms of Use

 

For purposes of these Terms of Use, the term Md7 includes Md7, LLC and its affiliates.

These are the Terms and Conditions, which you must agree to in order to utilize the tools, services and information made available on the Md7 website from time to time (collectively, the “Md7 Tools”).  As used in this Agreement, the term "You" means you and the company or entity which you represent. By utilizing any of the Md7 Tools on the Md7 website, you are entering into a binding and enforceable legal agreement with Md7 (and/or its owners and operators as set forth below) and you are signifying your assent to these Terms of Use. Please read these Terms of Use carefully before registering for and/or using any of the Md7 Tools. If you do not agree to these Terms of Use, please do not register for or use the Md7 website or any of the Md7 Tools. This Agreement, including pricing and payment terms, is subject to change by Md7 at any time with or without notice

  1. I.STORAGE AND DESTRUCTION OF DATA; OWNERSHIP; USE OF EMAIL
    The data you submit to the Md7 website shall be stored and maintained on Md7’s servers.  PLEASE NOTE THAT MD7 WILL NOT STORE YOUR DATA INDEFINITELY.  In the event you do not log in to your account for a period of at least six consecutive months, Md7 reserves the right, with or without notice or compensation to You, to delete any or all of your data on the Md7 servers.
    Your data will only be accessible to you and those individuals you provide a username and password to in your organization.  You are solely responsible for maintaining the security of such usernames and passwords and in no event shall Md7 and/or any of its affiliates be liable for the unauthorized use of misplaced, lost or stolen usernames and passwords.  You must notify Md7 immediately in writing in the event you become aware of lost, stolen or misplaced usernames and passwords.
    You shall, at all times, retain all right, title and interest in and to the data you submit to the Md7 website.  Md7 will not use the data you submit or disclose the data you submit to any third party without your prior written consent.  You are solely responsible for the accuracy and completeness of the data you submit to the Md7 website through the use of the Md7 Tools or otherwise.

  2. II.CAN-SPAM; CONSENT TO RECEIPT OF NOTICES AND PROMOTIONS
    As conditions to your use of the Md7 Tools, you:  (i) represent and warrant that You will not engage in and/or facilitate spamming, indiscriminate advertising or unsolicited commercial email or otherwise fail to comply with the CAN-SPAM Act of 2003 (Public Law 108-187 or any successor legislation) and any other laws or regulations which govern marketing through the use of email; and (ii) you agree and consent to Md7 sending you notices, announcements, promotions and offers for Md7 products and services.  Failure to satisfy either of these conditions may result in an immediate termination of your access to the Md7 Tools.

  3. III.ACCESS TO THE MD7 TOOLS; INTERRUPTIONS TO SERVICE
    You acknowledge and agree that Md7 is providing you access to the Md7 Tools free of any additional charge.  As a result, Md7 shall not be liable to you due to any interruption in service due to scheduled or unscheduled maintenance, bug fixes, repairs, server outages or similar interruptions to the Md7 Tools or Md7 website which may limit or prohibit your access to your data.  In the event of such an occurrence, Md7 will use commercially reasonable efforts to restore access to the Md7 website and Md7 Tools, but cannot guarantee that such access will be restored in a timely manner, if at all.

  4. IV.WARRANTY DISCLAIMER; LIMITATION OF LIABILITY
    THE MD7 WEBSITE AND MD7 TOOLS ARE PROVIDED BY MD7 “AS IS” AND “WITH ALL FAULTS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.  IN NO EVENT SHALL MD7 AND/OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.  MD7 AND/OR ITS OWNERS, OPERATORS, EMPLOYEES, CONSULTANTS AND OTHER AGENTS SHALL NOT BE LIABLE FOR ANY LOSS, COSTS, DAMAGE OF EXPENSE (INCLUDING REASONABLE ATTORNEY'S FEES) INCURRED BY YOU AS A RESULT OF ANY SERVICES PROVIDED BY MD7 AND/OR ITS AFFILIATES INCLUDING, WITHOUT LIMITATION, ANY TECHNICAL MALFUNCTION, COMPUTER ERROR, LOSS OF DATA, DELAY IN OPERATION, COMPUTER VIRUSES, COMMUNICATION LINE FAILURE, DESTRUCTION OR UNAUTHORIZED USE OR ACCESS TO ANY WEBSITES OR RECORDS, OR OTHER INJURY, DAMAGE OR DISRUPTION.  MD7 MAKES NO REPRESENTATIONS THAT THE OPERATION OF THE MD7 WEBSITE OR THE MD7 TOOLS WILL BE UNINTERRUPTED OR ERROR-FREE, AND WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. MD7 MAKES NO REPRESENTATIONS THAT THE OPERATION OF ITS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. YOU FURTHER AGREE THAT YOU WILL NOT HOLD MD7 AND/OR ITS AFFILIATES RESPONSIBLE FOR ANY ACTS, ERRORS, OR OMISSIONS OF ANY THIRD PARTY IN CONNECTION WITH THE MD7 WEBSITE OR THE MD7 TOOLS.

  5. V.INDEMNITY
    You agree to indemnify and hold Md7 and its officers, directors, agents, affiliates and employees from and against all claims, actions, liabilities, losses, expenses, damages, and costs (including without limitation reasonable attorneys' fees) resulting from claims or actions arising out of or in connection with (i) your use of the Md7 website and Md7 Tools and (ii) any violation of right of privacy or publicity, copyright infringement, trademark infringement or other infringement of any third party right, fraud, false advertising, misrepresentation, product liability or violation of any law, statute, ordinance, rule, or regulation throughout the world in connection with your website(s). You agree that you are solely responsible for defending any claim, and for payment of damages or losses resulting from the foregoing to both a third party and to Md7.

  6. VI.GENERAL
    These Terms of Use shall be governed by and construed in accordance with the substantive laws of the State of California and jurisdiction and venue of all matters relating to this agreement shall be vested exclusively in San Diego County, State of California, and you agree to the jurisdiction of such courts. No waiver, modification or addition to these Terms of Use shall be valid. These Terms of Use constitute the entire agreement between the parties concerning the subject matter hereof and supersede all prior and contemporaneous agreements and understandings. You have relied upon no representations, oral or otherwise, not contained within these Terms of Use. The invalidity or unenforceability of any provision of these Terms of Use will not affect the validity or enforceability of any other provision of this policy. In receiving any dispute or construing any provision in the policy, there shall be no presumptions made or inferences drawn because one of the parties drafted the Agreement, from the titles of the sections of this policy which are for convenience only. A waiver by Md7 of any term or condition of these Terms of Use in any instance will not be deemed or construed as a waiver of such term or condition for the future or any subsequent breach thereof. The parties are independent contractors and no employment, agency, partnership or joint venture is created hereunder. No party shall have the right to act as the agent for or to bind the other. These Terms of Use are not for the benefit of any third party, and shall not be considered to grant any right or remedy to any third party whether or not referred to in this policy. Md7 reserves the right to change the terms upon which it offers the Md7 Tools to the public and may change this policy by posting such changes. Your continued use of the Md7 Tools following such changes shall be deemed an assent to such changes.

  7. VII.OWNERSHIP AND NOTICE
    The Md7 website is owned by Md7, LLC, 10590 West Ocean Air Drive Suite 300, San Diego CA 92130. To direct any questions concerning this Agreement, please click here. All content included on and in the Md7 website and the Md7 Tools, including without limitation text, graphics, logos, button icons, images, audio clips, and software, is the property of Md7 or its content suppliers, and is protected by U.S. and international copyright laws. All software used in the Md7 Tools is the property of Md7 or its software suppliers and protected by U.S. and international copyright laws.