Effective: 6/1/2024
Agreement between User and www.mdsearchlight.com
Welcome to www.mdsearchlight.com. The website located at www.mdsearchlight.com (the “Site”) is comprised of various pages operated by MD Searchlight, LLC (“MDS”). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (including the Privacy Policy referenced below, the “Terms”). Your use of the Site constitutes your agreement to all such Terms. You may also agree to the Terms during any registration process to use the Site. Please read these terms carefully, and keep a copy of them for your reference. THIS AGREEMENT IS SUBJECT TO ARBITRATION AND A CLASS-ACTION WAIVER. If those terms are unacceptable to you please cease all use of the Site immediately and do not register for an account.
The Site is a health and medical information site offered for your personal use only designed to educate and inform the public on such conditions, drugs/medications, and the human body. However, you understand that the information on the Site has been processed using artificial intelligence and that it may be inaccurate, misleading or contain falsehoods. You understand that the Site is not intended to supersede professional judgment and you agree to not use the Site to support a health decision in lieu of seeking professional assistance.
Privacy
Your use of the Site is subject to MDS’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting www.mdsearchlight.com or sending emails to MDS constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that MDS is not responsible for third party access to your account that results from theft or misappropriation of your account. MDS and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. While you are not required to have an account to access the Site, you agree that if you choose to not have an account some of the features and functionality of the Site may not be available to you or may not fully function.
Children Under Thirteen
MDS does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Site only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of MDS and MDS is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. MDS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MDS of the site or any association with its operators.
Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.mdsearchlight.com domain, you hereby acknowledge and consent that MDS may share such information and data with any third party with whom MDS has a contractual relationship to provide the requested product, service or functionality on behalf of the Site users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use Site for personal use only strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to MDS that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. You are authorized to maintain only one copy of content from the Site (excluding any automated cached material that you have not accessed outside of the ordinary use of a web browser), and such copy may be retained and used by you solely for your personal use and may not be further copied, distributed or publicly displayed.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of MDS or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. MDS content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any content on the Site, and in particular you will not delete or alter any proprietary rights or attribution notices in any content in any copy you are permitted to make. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of MDS and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of MDS or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your MDS account to third-party accounts. By connecting your MDS account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users
The Site is controlled, operated and administered by MDS from our offices within the United States of America. If you access the Service from a location outside the United States of America, you are responsible for compliance with all laws, rules and regulations applicable in the jurisdiction in which you reside and in which you access the Site. You agree that you will not use the any content accessed through the Site in any country or in any manner prohibited by any applicable laws, rules or regulations.
Indemnification
You agree to indemnify, defend and hold harmless MDS, its officers, directors, employees and agents and any third parties with whom you interact on the Site (including such third parties’ officers, directors, employees and agents), for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (i) your use of or inability to use the Site (including any features, functionality or services available through the Site); (ii) any user postings made by you; (iii) your violation of any term of this Agreement, (iv) your violation of any rights of a third party; and/or (v) your violation of any applicable laws, rules or regulations. MDS reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with MDS in asserting any available defenses.
Arbitration
The parties agree to arbitrate all disputes and claims between them relating to these Terms, whether directly or indirectly, including tort claims that are a result of these Terms. In the event the parties are not able to resolve any dispute between them, including arising out of or otherwise relating to these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association located in the Washington, DC metropolitan area, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorneys’ fees. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms.
Class Action Waiver
Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and MDS agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE ERRORS, INACCURACIES, MISLEADING INFORMATION OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MDS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
MDS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, ACCURACY, RELIABILITY, AVAILABILITY AND TIMELINESS OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. MDS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOU AGREE TO CONDUCT AN INDEPENDENT INVESTIGATION, REVIEW, AND ANALYSIS OF ANY INFORMATION CONTAINED WITHIN THE SITE ON WHICH YOU INTEND TO RELY, INCLUDING BY CONSULTING WITH A PROFESSIONAL WITH EXPERIENCE REGARDING THE INFORMATION ON WHICH YOU INTEND TO RELY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MDS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MDS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THE ABOVE LIMITATION DOES NOT APPLY TO YOU, THEN THE PARTIES AGREE THAT MDS’ AND ITS SUPPLIERS’ ENTIRE AND TOTAL LIABILITY TO YOU ARISING OUT OF OR RELATING TO THE USE OF THIS SITE SHALL NOT EXCEED TEN UNITED STATES DOLLARS, AND YOU ACKNOWLEDGE THAT MDS IS MAKING THIS SITE AVAILABLE TO YOU IN RELIANCE ON SUCH LIMITATION OF LIABILITY. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
MDS reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Virginia and, without limiting the obligation to arbitrate disputes hereunder, you hereby consent to the exclusive jurisdiction and venue of courts in Virginia in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and MDS as a result of these Terms or use of the Site. MDS’s performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of MDS’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by MDS with respect to such use. If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision as determined by the applicable tribunal finding such term unenforceable and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, these Terms constitute the entire agreement between the user and MDS with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and MDS with respect to the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms and all related documents be written in English.
Changes to Terms
MDS reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. MDS encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
MDS welcomes your questions or comments regarding the Terms:
MD Searchlight, LLC
4905 34th Street South #5400
St. Petersburg, FL 33711
Email Address: support@mdsearchlight.com