Last Updated January 20, 2016
You may download or print portions of the content of the Websites, but not any significant portion of the content. You may use such downloads/print copies only for your own personal, non-commercial use. You may not remove the copyright and/or other proprietary notices located on any such content.
Your use of the Websites must be in accordance with all applicable laws. You acknowledge that you do not acquire any ownership rights in the Websites or any portions of their content from your access to or use of them.
3. Rights to Content
Website Content. You acknowledge that PurchaseClinic is responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the Websites (other than content uploaded, posted, e-mailed, transmitted or otherwise made available by Authorized Users as permitted, respectively by the Terms of Service) (the “Website Content”).
(b) Copyrights, Trademarks and Other Proprietary Rights.You agree that PurchaseClinic and its licensors own all rights, title and interest in the Websites and all Website Content (including, but not limited to, any computer code, themes, objects, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights and documentation). All trademarks, service marks and trade names used in the Websites are owned by PurchaseClinic or other respective owners. The entirety of the Website Content is protected under the copyright laws of the United States, international treaties and other intellectual property laws (including without limitation the copyright in the selection, coordination, arrangement and enhancement of all content). The Websites may contain or reference patents, technologies, products or other proprietary rights of PurchaseClinic, its third party vendors and other third parties. Nothing on the Websites should be construed as conferring by implication, estoppel or otherwise any license or right under any trademarks, copyrights, patents, technologies, products, or other proprietary rights of PurchaseClinic, any of its third party vendors or other third parties.
(c) PurchaseClinic Names and Logos. The PurchaseClinic names and logos and all other logos, service marks and trademarks made available through the Service are owned or licensed by PurchaseClinic (the “PurchaseClinic Marks”). You agree not to display or use in any manner any PurchaseClinic Marks without PurchaseClinic’s prior written consent.
(e) Feedback. By submitting ideas, suggestions, documents and/or proposals to PurchaseClinic through emails or through our suggestion, feedback, wiki, forum or similar web pages (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties; (ii) PurchaseClinic is not under any obligation of confidentiality, express or implied, with respect to the Feedback, (iii) PurchaseClinic shall be entitled to use and disclose such Feedback for any purpose, in any way, worldwide; (iv) PurchaseClinic may have something similar to the Feedback already under consideration or in development, and (v) you are not entitled to any compensation or reimbursement of any kind from PurchaseClinic under any circumstances. In addition, the Websites may include various forums, blogs and chat features where you can post User Submissions, including observations and comments on designated topics. You acknowledge and agree that PurchaseClinic cannot guarantee that other members will not use the ideas and information that you post. Therefore, if you have any ideas or information that you wish to keep confidential, do not post it on the Websites.
4. User Conduct We do not allow unauthorized access (hacking) into the Websites. The use of deep-links, page scrapes, web crawlers, web robots, web scutters, spiders, wanderers, ants, automatic indexers, bots, worms, or other such devices, or programs, algorithms or methodologies which do the same things in connection with the Websites is prohibited.
We reserve all rights in the Websites and the Website Content not granted to you. Without limiting the foregoing, except as permitted above, you may not modify, publish, reproduce, duplicate, translate, recreate, upload, download, post, display, perform, transmit, distribute, assign, license, lease, transfer, sell, use to create derivative works or otherwise exploit the Websites or the content of the Websites (in whole or in part) for any purpose. Your use of the Websites does not give you any right to use any of the logos, trademarks, service marks, or other indicators of origin appearing on the Websites.
5. Additional Restrictions on Use
You agree that you will not, under any circumstances:
- Upload, post, e-mail, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- Harm minors in any way;
- Impersonate any person or entity, including, but not limited to, PurchaseClinic personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Upload, post, e-mail, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
- Upload, post, e-mail, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Violate any applicable local, state, national or international law or regulation;
- Stalk or otherwise harass another person or entity;
- Disrupt, overburden, or aid or assist in the disruption or overburdening of: (i) any computer or server used to offer or support the Service or PurchaseClinic environment; or (ii) the enjoyment of the Service by any other person;
- Institute, assist, or become involved in any type of attack, including, but not limited to, distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service; or
- Attempt to gain unauthorized access to the Service, accounts registered to others or to the computers, servers or networks connected to the Service by any means, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device or software that is part of the Service.
- Reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of the Service (including your user account) or access to or use of the Service;
- Upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Use any unauthorized software that accesses, intercepts, “mines” or otherwise collects information from or through the Service or that is in transit from or to the Service;
- Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server or the Service, whether through the use of a network analyzer, packet sniffer or other device;
- Make any automated use of the Service, or take any action that imposes or may impose (in PurchaseClinic’s sole discretion) an unreasonable or disproportionately large load on the infrastructure for the Service;
- Bypass any robot exclusion headers or other measures PurchaseClinic takes to restrict access to the Service or use any software, technology or device to send content or messages, scrape, spider or crawl the Service or harvest or manipulate data;
- Use, facilitate, create, or maintain any unauthorized connection to the Service, including, but not limited to: (i) any connection to any unauthorized server that emulates, or attempts to emulate, any part of the Service; or (ii) any connection using programs, tools or software not expressly approved by PurchaseClinic;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service, or to obtain any information from the Service;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
- Upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Solicit or attempt to solicit personal information from other users of the Service;
- Collect, harvest or post anyone’s private information, including, but not limited to, personally identifiable information (whether in text, image, video or any other form), and identification documents; or
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, but not limited to, clear GIFs, 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”).
The Websites may contain links to other websites or resources that are owned and operated by third parties (each a “Linked Website”). You acknowledge and agree that PurchaseClinic is not responsible for the availability of such Linked Websites, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available through such Linked Websites or for your use of them. You further acknowledge and agree that PurchaseClinic shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any Linked Website.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE WEBSITES, THE SERVICE AND ALL PRODUCTS AND SERVICES ORDERED ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, AND PURCHASECLINIC AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE AND USAGE OF TRADE. YOUR USE OF THE WEBSITES AND THE SERVICE IS SOLELY AT YOUR OWN RISK. FURTHERMORE, PURCHASECLINIC AND ITS LICENSORS AND VENDORS DO NOT WARRANT THAT THE AVAILABILITY OF THE WEBSITES OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITES OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR CODE OR THAT THE USE OF THE WEBSITES OR THE SERVICE WILL COMPLY WITH THE RULES OF ANY THIRD PARTY SOCIAL NETWORKING WEBSITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITES OR THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
8. Exclusive Remedy
9. Limitations on Liability
11. Procedure for Making Claims of Copyright Infringement
PurchaseClinic will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, title 17, United States Code, Section 512(c)(2) (“DMCA”). If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Websites or on sites linked to or from the Websites or in connection with the Service or the content, please provide, pursuant to the DMCA, written notification of claimed copyright infringement to the Designated Agent for the Websites (identified below), which must contain the following elements: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed; (b) a description of the copyrighted work(s) that you claim have been infringed and identification of what content in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled; (c) a description of where the content that you claim is infringing is located on the Websites; (d) information sufficient to permit PurchaseClinic to contact you, such as your physical address, telephone number, and e-mail address; (e) a statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. PurchaseClinic’s Designated Agent for notice of claims of copyright infringement can be reached as follows:
Agent for Notice of Copyright Claims
10221 River Road #60053
Potomac, MD 20854
The Designated Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Websites or on sites linked to or from the Websites or in connection with the Service or content. All other inquiries directed to the Designated Agent will not be responded to.
12. Governing Law; Jurisdiction; Venue
The Websites and the Service can be accessed from countries around the world and may contain references to services and content that are not available in your country. These references do not imply that PurchaseClinic intends to announce such services or content in your country. PurchaseClinic controls the Websites and the Service from its offices within the United States, and your data is stored in servers managed by PurchaseClinic in the United States. PurchaseClinic makes no representation that the Websites or the Service are appropriate, may be downloaded, or are available for use outside the United States. Access to the Websites and the Service where the content or access or use of the Websites or the Service are illegal is prohibited. Those who choose to access and use the Websites and the Service from outside the United States do so on their own initiative, at their own risk, and are responsible for compliance with applicable local laws and U.S. export and other applicable laws.
If a dispute arises between you and PurchaseClinic, we strongly encourage you to contact us directly to seek a resolution by going to
ALL PARTIES TO ANY LITIGATION MUST BE INDIVIDUALLY NAMED. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE LITIGATED ON A CLASS ACTION OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER AUTHORIZED USERS, OR OTHER PERSONS.
13. Miscellaneous Terms