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Terms of Use

TERMS AND CONDITIONS OF USE QWIKCAREMD WEBSITES

By accessing or using any of QwikCareMD Internet properties including, without limitation, qwikcaremd.com, and any others released by the QwikCareMD from time to time (collectively referred to as the “QwikCareMD websites”) you agree to comply with and be bound by these Terms and Conditions of Use (“Terms of Use”). Please read these Terms of Use carefully as well as the QwikCareMD’s Privacy Policy which is incorporated herein by reference. If you do not agree to these Terms of Use and the Privacy Policy, you must immediately terminate your use of the QwikCareMD websites.

You may print or save a copy of these Terms of Use for your records.

1. License Grant. You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the QwikCareMD websites conditioned on your continued acceptance of, and compliance with, these Terms of Use. You may use the QwikCareMD websites and the QwikCareMD Content (as defined below) for your noncommercial personal use and for no other purpose. The QwikCareMD reserves the right to bar, restrict or suspend any user’s access to the QwikCareMD websites, and/or to terminate this license at any time for any reason. The QwikCareMD reserves any rights not explicitly granted in these Terms of Use.

2. License Restrictions. Unless otherwise expressly stated in these Terms of Use or you receive the QwikCareMD’s prior written consent, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), the QwikCareMD websites, any QwikCareMD Content (as defined below), or any portion thereof. Further, you may not (i) use the QwikCareMD websites for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to the QwikCareMD websites, including QwikCareMD Content; (ii) interfere with the proper working of the QwikCareMD websites including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, or other limiting routine, instruction or design; or (iii) interfere with any other person’s use and enjoyment of the QwikCareMD websites.

3. Your Acceptance; Revisions to Terms of Use. The QwikCareMD websites are available only to individuals who can enter into legally binding contracts under applicable law. These Terms of Use constitute a legally binding agreement between you and the QwikCareMD regarding your use and access to the QwikCareMD websites. By using the QwikCareMD websites you agree to the Terms of Use.

The QwikCareMD reserves the right to revise these Terms of Use at any time in its sole discretion by posting revised Terms of Use to the QwikCareMD websites. Your use of the QwikCareMD websites signifies your acceptance of all the terms and conditions contained within the Terms of Use posted at the time of your use. You will be responsible for regularly reviewing the Terms of Use posted to the QwikCareMD websites. No revision to these Terms of Use, including to the Arbitration provision set forth in Section 23, shall apply to a controversy or claim of which the QwikCareMD had actual notice on or before the date of any such revision.

4. QwikCareMD Policies; Additional Terms and Conditions. The QwikCareMD’s Privacy Policy, as well as other additional terms and conditions applicable to certain portions of the QwikCareMD websites (collectively “Additional Terms and Conditions”) are incorporated herein by reference. To the extent that there is a conflict between these Terms of Use and any Additional Terms and Conditions for the activity in which you choose to participate, the Additional Terms and Conditions shall govern.

5. Click-Through Agreements. Before using certain areas of the QwikCareMD websites you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked “I Accept” “I Agree” “Okay” “I Consent” or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Agreement. To the extent there is a conflict between these Terms of Use and any Click-Through Agreement for the activity in which you choose to participate, the Click Through Agreement will govern.

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.

7. Privacy Policy. For information about the QwikCareMD’s data protection practices and the QwikCareMD’s use and protection of your personal information, please read the QwikCareMD’s Privacy Policy which is incorporated into and made a part of these Terms of Use.

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.

9. User-Generated Content. The QwikCareMD does not claim ownership of content that you post on or through the QwikCareMD websites, such as comments or posts that you submit on forums, blogs, or other websites (“User-Generated Content”). When submitting User-Generated Content, you will abide by the Code of Conduct which is incorporated herein by reference. You also acknowledge that you alone are fully responsible for the User-Generated Content you submit and that you own or have the rights to use the User-Generated Content. You agree that by submitting the User-Generated Content, you hereby grant to the QwikCareMD a perpetual, non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use, download, duplicate, display, distribute, modify and creative derivative works of the User-Generated Content, subject to the QwikCareMD’s Privacy Policy.

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.
In the event you are dissatisfied with, or dispute, these Terms of Use, the QwikCareMD websites and/or the QwikCareMD Content, your sole right and exclusive remedy is to terminate your use of the QwikCareMD websites, even if that right or remedy is deemed to fail of its essential purpose. You confirm that the QwikCareMD has no other obligation, liability or responsibility to you or any other party.

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.

21. Indemnification. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless the QwikCareMD Parties from and against all claims arising from or in any way related to your use of the QwikCareMD websites and/or QwikCareMD Content, a violation by you of these Terms of Use, or any other actions connected with your use of the QwikCareMD websites and/or QwikCareMD Content, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees. The QwikCareMD will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to the QwikCareMD Parties other than under this Section.

22. Term and Termination. These Terms of Use will take effect at the time you begin using the QwikCareMD websites. The QwikCareMD reserves the right, with or without notice, at any time and for any reason to deny you access to the QwikCareMD websites or to any portion thereof, and to terminate these Terms of Use. These Terms of Use will terminate automatically if you fail to comply with the terms set forth herein. You may terminate these Terms of Use at any time by ceasing to use the QwikCareMD website, but all applicable provisions of these Terms of Use will survive such termination. Upon termination, you must destroy all copies of any portion of the QwikCareMD websites, including any QwikCareMD Content, in your possession.

23. Arbitration; Venue. Any controversy or claim (“Claim”) you have arising out of or relating to these Terms of Use shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes. Any such Claim shall be brought solely by you as an individual and not as part of, or as a representative of, a class. The arbitration shall be held in Chicago, Illinois. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator’s award shall be final and binding. The courts of the State of Illinois and/or the United States District Court for the Northern District of Illinois shall have exclusive jurisdiction and venue over (i) any action concerning the enforcement of an arbitration award, or (ii) if arbitration is not permitted by law, then any Claim you have arising out of or relating to these Terms of Use. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OF USE. The QwikCareMD reserves all rights and remedies available to it, in law or equity, with respect to any matter relating to these Terms of Use.

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.

24. Governing Law. These Terms of Use and all matters regarding your use of the QwikCareMD websites shall be governed by, construed in accordance with, and enforced under the laws of the State of Illinois applicable to contracts made and executed and wholly performed in the State of Illinois, without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods apply and their applicability is expressly excluded. Printed copies of any and all agreements and/or notices in electronic form shall be admissible in any legal, investigative or regulatory proceedings.

25. Waiver and Severability. The failure of the QwikCareMD to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.

26. Complete Agreement. These Terms of Use, together with any revisions. any Additional Terms or Conditions incorporated by reference, and any Click-through Agreement, constitutes the entire agreement between you and the QwikCareMD relating to the QwikCareMD websites and its use by you, and supersedes any previous written or oral communication regarding use of the QwikCareMD websites. The QwikCareMD websites are intended to be consistent with and in furtherance of the QwikCareMD’s policies adopted by the QwikCareMD House of Delegates.

27. Contact Information. If you have any questions or concerns regarding these Terms of Use or the QwikCareMD websites, please visit our “Contact Us” page.

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.

29. Use of QwikCareMD websites and QwikCareMD Content outside of the United States. The QwikCareMD makes no claims regarding access or use of the QwikCareMD websites or the QwikCareMD Content outside of the United States. If you use or access the QwikCareMD websites or the QwikCareMD Content outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms of Use.