Effective date: May 1, 2011
THANK YOU FOR VISITING WWW.MD7.COM, OWNED AND OPERATED BY MD7, LLC (THE “MD7 SITE”). YOU SHOULD NOT ACCESS THE MD7 SITE OR USE OUR SERVICES UNTIL YOU HAVE CAREFULLY READ AND AGREED TO THESE TERMS AND CONDITIONS OF USE (THE “TERMS”).
For purposes of these Terms, the term “MD7” includes MD7, LLC and its affiliates; the term “You” means you and the company or entity which you represent.
Use of the MD7 Site
By using the MD7 Site or utilizing the tools, services and information made available on the MD7 Site from time to time (collectively, the “MD7 Tools”), you and other users of the MD7 Site agree to these Terms. By utilizing any of the MD7 Tools on the MD7 Site, 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. Please read these Terms carefully before registering for and/or using any of the MD7 Tools. If you do not agree to these Terms, please do not access, register for or use the MD7 website or any of the MD7 Tools.
These Term, including pricing and payment terms, are subject to change by MD7 at any time with or without notice. The provisions contained herein supersede all previous notices or statements regarding our Terms with respect to the MD7 Site. We include the effective date of our Terms at the top of the statement. We encourage you to check our site frequently to see the current Terms in effect and any changes that may have been made to them. If we make material changes to the Terms we will post the revised Terms and the revised effective date on the MD7 Site. By using the MD7 Site following any modifications to the Terms, you agree to be bound by such modifications.
MD7 provides you with access to and use of the MD7 Site subject to your compliance with the Terms. No material from the MD7 Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except for as specifically allowed in the MD7 Site.
User Age and Access
You must be at least 18 years old to use this website and we ask that minors under the age of 18 do not submit any personal data to us.
The MD7 Site, including all of its contents, such as text, images, and the HTML or other code used to generate the pages, (“Materials”), are our property or that of our suppliers or licensors and are protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from this Md7 Site in whole or in part, for any public or commercial purpose without the specific written permission of Md7. We grant you a personal, non-exclusive, non-transferable license to access our website and to use the information and services contained here.
In turn, you grant us a non-exclusive, royalty-free license to use any content you post on the MD7 Site for any purpose, subject to the express terms of this Agreement.
Rules and Limits on and Modifications to the MD7 Site
We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the MD7 Site, including, but not limited to, information, data, text, music, sound, photographs, graphics, video, messages or other materials (“Content”), features and/or hours of availability, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the MD7 Site or restrict your access to part, or all, of the MD7 Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
Storage and Destruction of Data; Ownership; Use of Email
The data you submit to the MD7 Site 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 Site. 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 Site through the use of the MD7 Tools or otherwise.
Can-Spam; Consent to Receipt of Notices and Promotions
As conditions to your use of the MD7 Tools, you: (a) 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 (b) 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.
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 Site 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 Site and MD7 Tools, but cannot guarantee that such access will be restored in a timely manner, if at all.
Specific Prohibited Uses
The MD7 Site may be used only for lawful purposes by individuals using authorized services of MD7. You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through the MD7 Site. MD7 specifically prohibits any use of the MD7 Site, and requires all users to agree not to use the MD7 Site, for any of the following:
a. Posting any information which is incomplete, false, inaccurate or not your own;
b. Impersonating another person;
c. Constituting or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol;
d. Posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
e. Posting material that reveals trade secrets, unless you own them or have the permission of the owner;
f. Posting material that infringes on any other intellectual property, privacy or publicity right of another;
g. Transmitting or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of US export control laws; or
h. Attempting to interfere in any way with the MD7 Site’s or MD7’s networks or network security, or attempting to use the MD7 Site’s service to gain unauthorized access to any other computer system.
Violations of system or network security may result in civil or criminal liability. MD7 will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the MD7 Site, including, without limitation, the following:
a. Accessing data not intended for such user or logging into a server or account which user is not authorized to access;
b. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
c. Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the MD7 Site, overloading, “flooding”, “mailbombing” or “crashing”; or sending unsolicited e-mail, including promotions and/or advertising of products or services, or
d. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
We control and MD7 Site from our offices in the United States of America, and all information is processed within the United States. We do not represent that materials on the MD7 Site are appropriate or available for use in other locations. Persons who choose to access the MD7 Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree to comply with all applicable laws, rules and regulations in connection with your use of the MD7 Site. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
As between you and MD7 (or other company whose marks appear on the MD7 Site), MD7 (or the respective company) is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the MD7 Site, and is the copyright owner or licensee of the Content and/or information on the MD7 Site, unless otherwise indicated.
Except as otherwise provided herein, use of the MD7 Site does not grant you a license to any Content, features or materials you may access on the MD7 Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Content, features or materials, in whole or in part. Any commercial use of the MD7 Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Content or screens for any purpose except as otherwise provided by MD7. If you make use of the MD7 Site, other that as provided herein, in doing so you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the MD7 Site.
The information on the MD7 Site including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including copyright law.
Product names, logos, designs, titles, words or phrases may be protected under law as the trademarks, service mark or trade names of MD7 or other entities. Such trademarks, service marks and trade names may be registered in the United States and internationally.
MD7, the “MD7 logo” and “Live Lease” are registered marks of MD7. “Love your lease.” is a registered service mark of Md7 (collectively, the “MD7 Marks”). The absence of a product or service name or logo from this list does not constitute a waiver of MD7′s trademark or other intellectual property rights concerning that name or logo. Without MD7’s prior permission, you agree not to display or use MD7 Marks in any manner. Nothing on the MD7 Site should be construed to grant any license or right to use any MD7 Mark without the prior written consent of MD7.
Links From and to the MD7 Site
You may be able to link to third party websites (“Linked Sites”) from the MD7 Site. Linked Sites are not, however, reviewed, controlled or examined by MD7 in any way, and MD7 is not responsible for the content, availability, advertising, products, information or use of user information or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply MD7’s endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall MD7 be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites. You should direct any concerns to that site’s administrator or Webmaster. MD7 reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the MD7 Site and/or introduce different features or links to different users.
Permission must be granted by us for any type of link to the MD7 Site. To seek our permission, you may write to MD7. We reserve the right, however, to deny any request or rescind any permission granted by us to link through such other type of link, and to require termination of any such link to the MD7 Site, at our discretion at any time.
You agree to defend, indemnify and hold MD7, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of the MD7 Site, your violation of the Terms or the posting or transmission of any materials on or through the MD7 Site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT:
THE MD7 SITE AND MD7 TOOLS, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MD7 DOES NOT WARRANT THAT THE MD7 SITE OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. MD7 MAKES NO WARRANTY THAT THE MD7 SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE MD7 SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE MD7 SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE MD7 SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MD7 SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. MD7 DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE MD7 SITE. MD7 IS NOT A PARTY TO, AND DOES NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTIES WITHOUT THE DIRECT INVOLVEMENT OF MD7.
LIMITATION OF LIABILITY
IN NO EVENT SHALL MD7, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE MD7 SITE OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO UNDER ANY THEORY OF LIABILITY WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF MD7 OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF MD7 TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE MD7 SITE EXCEED, IN THE AGGREGATE, $100.00.
You agree that the laws of the state of California, excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of the MD7 Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for resolving any claim or dispute with MD7 or relating in any way to your use of the MD7 Site resides in the state and federal courts of San Diego County, California, and you further agree and expressly consent to the exercise of personal jurisdiction in the state and federal courts of San Diego County, California.
Consent to Processing
By providing any personal information to the MD7 Site, all users, including without limitation users in the European Union, fully understand and unambiguously consent to the collection and processing of such information in the United States. Any inquiries concerning these Terms should be directed to: MD7 LLC, Chief Technology Officer, 10590 West Ocean Air Drive, Suite 300, San Diego, CA 92130.
Notices to you may be made via either email or regular mail. The MD7 Site may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you on the MD7 Site.
To contact us with any questions or concerns in connection with these Terms or the MD7 Site, or to provide any notice under this Agreement to us please contact us at MD7 LLC, Chief Technology Officer, 10590 West Ocean Air Drive, Suite 300, San Diego, CA 92130.
The Terms constitute the entire agreement between you and MD7 and govern your use of the MD7 Site, superseding any prior agreements between you and MD7. You also may be subject to additional terms and conditions that are applicable to certain parts of the MD7 Site. You agree that you have relied upon no representations, oral or otherwise, not contained within these Terms.
You agree that no joint venture, partnership, employment, or agency relationship exists between MD7 and you as a result of this Agreement or your use of the MD7 Site. No party shall have the right to act as the agent for or to bind the other. These Terms 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 herein.
Any claim or cause of action you may have with respect to MD7 or the MD7 Site must be commenced within one (1) year after the claim or cause of action arose. The failure of MD7 to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign the Terms or any of your rights or obligations under the Terms without MD7’s express written consent.
The Terms inure to the benefit of MD7’s successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.