TERMS AND CONDITIONS OF USE QWIKCAREMD WEBSITES
6. Personal Login Information. Certain features and areas of the QwikCareMD websites are available only with registration, login and/or a paid subscription. If you are required to register and select a unique login and password (“Personal Login Information”), you must keep your Personal Login Information confidential. Your Personal Login Information is personal to you and you may not allow any third party to use it under any circumstances. The QwikCareMD is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must contact QwikCareMD immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns.
8. User Obligations. You warrant that you will abide by all applicable local, state, national and international laws and regulations with respect to your use of the QwikCareMD websites and not interfere with the use and enjoyment of the QwikCareMD websites by other users or with the QwikCareMD’s operation and management of the QwikCareMD websites. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the QwikCareMD websites, including, without limitation, information required to be provided through an QwikCareMD registration form. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, the QwikCareMD reserves the right to terminate your access and use of the QwikCareMD websites. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the QwikCareMD websites, or defame or otherwise harm any party, including the QwikCareMD, through your use of the QwikCareMD websites.
10. Proprietary Rights. The content of the QwikCareMD websites includes, without limitation, (i) the QwikCareMD’s trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively “QwikCareMD Marks”); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, 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 QwikCareMD websites (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as “QwikCareMD Content”). QwikCareMD Content is the property of the QwikCareMD, 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, publication, broadcast, circulation or dissemination of any QwikCareMD Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from the QwikCareMD or the owner of such content if the QwikCareMD is not the owner. Any use of the QwikCareMD Marks without the QwikCareMD’s express written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in the QwikCareMD Content, including any such notices appearing on any QwikCareMD Content you are permitted to download, transmit, display, print, or reproduce from the QwikCareMD websites.
11. Responsibility for Use of the Internet and the QwikCareMD websites. Use of the Internet and the QwikCareMD websites is solely at your risk and is subject to all applicable local, state, national and international laws and regulations. The QwikCareMD does not guarantee the confidentiality or security of any communication or other material transmitted to or from the QwikCareMD websites over the Internet or other communication network. The QwikCareMD shall not be obligated to correct or update the QwikCareMD websites, the QwikCareMD Content or the User-Generated Content and the QwikCareMD shall not be liable for omissions, typographical errors, or out-of-date information which may appear on the QwikCareMD websites.
12. Medical Disclaimer. The QwikCareMD Content is provided for informational purposes only and is not intended as medical advice, or as a substitute for the medical advice of a physician.
13. Patient Information. The QwikCareMD websites, including any public forums which you may access via the QwikCareMD websites, may contain confidential patient information (“Patient Information”). State and federal laws, as well as ethical and licensure requirements, may impose obligations with respect to patient confidentiality that may limit your ability to receive, disclose, or make use of Patient Information, including transmitting Patient Information to others. You warrant that you will comply with all laws that may directly or indirectly govern your retrieval, use, transmission, processing, receipt, reporting, disclosure, or storage of Patient Information. You are solely responsible for obtaining and maintaining any patient consents, if applicable, and all other consents or permissions required by law or advisable with respect to your retrieval, use, transmission, processing, receipt, reporting, disclosure or storage of Patient Information. You shall be solely responsible for your retrieval, use or misuse, transmission, processing, receipt, reporting, disclosure or storage of Patient Information.
14. Third Party Information. The QwikCareMD websites 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, User-Generated Content or other information made available by third parties such as content providers and other users of the QwikCareMD websites are those of the respective third party and not of the QwikCareMD or its affiliates. The QwikCareMD makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third party materials, information, services or products.
15. Advertisers. The QwikCareMD websites may contain advertisements of third parties. The inclusion of advertisements on the QwikCareMD websites does not imply endorsement of the advertised products or services by the QwikCareMD. The QwikCareMD shall not be responsible for any loss or dQwikCareMDge of any kind incurred as a result of the presence of such advertisements on the QwikCareMD websites. Further, the QwikCareMD shall not be responsible or liable for the statements or conduct of any third party advertisers appearing on the QwikCareMD websites. You shall be solely responsible for any correspondence or transactions you have with any third party advertisers.
16. Links to Third Party websites. The QwikCareMD websites may provide links (including 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 the QwikCareMD exercises no control. The appearance of any such third party links (provided by the QwikCareMD or by a third party) is not intended to endorse any particular company or product. If you decide to access any of the third party sites linked to the QwikCareMD websites, you do so entirely at your own risk.
17. Links to QwikCareMD websites and QwikCareMD Content. Links posted by third parties to the QwikCareMD websites and/or QwikCareMD Content may not use the QwikCareMD trademark or logo and shall not suggest that the QwikCareMD promotes or otherwise endorses any third party products, business relationships, services, causes, campaigns, websites, content, or information. Any links to any portion of the QwikCareMD websites shall be the responsibility of the linking party. The QwikCareMD reserves the right to require any linking party to disable or remove any link that violates the QwikCareMD’s rights or causes interruption or deterioration of QwikCareMD Content.
18. Warranties Disclaimed. THE QwikCareMD WEBSITES AND QwikCareMD CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER THE QwikCareMD, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, OR TRUSTEES NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY “QwikCareMD PARTIES”) PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (i) THE QwikCareMD WEBSITES OR QwikCareMD CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (ii) ACCESS TO THE QwikCareMD WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE QwikCareMD WEBSITES WILL MEET YOUR EXPECTATIONS; OR (iv) QwikCareMD CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE QwikCareMD WEBSITES. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
19. Limitation of Liability. THE QwikCareMD PARTIES SHALL NOT BE LIABLE, AND DISCLAIM ANY LIABILITY, FOR ANY CLAIM, LOSS OR DQwikCareMDGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DQwikCareMDGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING (i) OUT OF THE USE OF OR INABILITY TO USE THE QwikCareMD WEBSITES AND/OR ANY QwikCareMD CONTENT; (ii) FROM ANY INTERRUPTION IN THE AVAILABILITY OF THE QwikCareMD WEBSITES AND/OR QwikCareMD CONTENT; (iii) FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE; (iv) OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT AND/OR SERVICES PURCHASED OR OBTAINED FROM THE QwikCareMD WEBSITES, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE QwikCareMD WEBSITES; (v) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vi) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE QwikCareMD WEBSITES; (vii) FROM ANY DELAY OR FAILURE OF THE QwikCareMD WEBSITES ARISING OUT OF CAUSES BEYOND THE QwikCareMD’S CONTROL; (viii) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, THE QwikCareMD CONTENT; (ix) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THE QwikCareMD WEBSITES (x) OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES OR MATERIALS PROVIDED BY OR ADVERTISED ON THIRD PARTY WEBSITES; OR (xi) OUT OF ANY OTHER MATTER RELATING TO THE QwikCareMD WEBSITES OR QwikCareMD CONTENT.
20. 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 DQwikCareMDGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DQwikCareMDGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 18 AND 19 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND QwikCareMD’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Neither party 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 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 Northern District of Illinois or any State of Illinois court located in Cook County, Illinois.
28. Statute of Limitations. 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 QwikCareMD websites must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.