Wednesday, December 1, 2004
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Medgadget is an independent on-line journal covering the latest medical gadgets and technologies, medical science, and the progress of the digital revolution in the healthcare industry. The purpose of the journal is to help professionals, including clinicians, hospital administrators, researchers, and investors, make informed decisions based on objective analysis and honest editorial writing.
OUR COMMITMENT TO PRIVACY
Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used.
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Complementarity
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FAIR USE NOTICE
This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of medical, scientific, research, and social issues, etc. We believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. For more information please go to the following URL address: http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner.
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The material presented on our main Web site has not been peer-reviewed. The indications, techniques and dosages on our Web site have been recommended in the medical literature and/or conform to OUR clinical practice. The medications and equipment have not necessarily been approved by the Food and Drug Administration (FDA) for use in the techniques and dosages for which they are recommended. The package insert for each drug and/or equipment should be consulted for use and dosage as recommended by the FDA. Because standards, practices and recommendations change, it is advisable to keep abreast of revised recommendations, particularly those concerning new drugs and techniques. While the techniques and dosages described are successfully used in our practice, they should be followed with discretion since their complications may be dependent on the operator, patient and/or other accompanying clinical circumstances. The development and maintenance of this web page has not been supported by any pharmaceutical or medical manufacturing industry. The medications and/or equipment discussed in the web page is shown solely for teaching and educational purposes. Certain statements in our posts may be forward looking and involve risks and uncertainties. These include statements about the individual company's plans for testing and developing its technology and the potential future uses of the technology. Such forward-looking statements involve assumptions, known and unknown risks, uncertainties and other factors which may cause the actual results, performance or achievements of technologies to be materially different from any future results, performance or achievements expressed or implied by the forward-looking statements. Such potential risks and uncertainties include, without limitation, the individual company's ability to raise capital when needed, the company's ability to complete the development of its planned products, the ability of the company to obtain FDA and other regulatory approvals permitting the sale of its products, the company's ability to manufacture its products and provide its services, the impact of government regulations, patent protection on the company's proprietary technology, product liability exposure, uncertainty of market acceptance, competition, technological change, and other risk factors. In such instances, actual results could differ materially as a result of a variety of factors, including the risks associated with the effect of changing economic conditions and other risk factors as detailed in the company's Securities and Exchange Commission filings. Please contact individual company's PR departments for any information.
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Medgadget Classifieds will remove the infringing posting(s), subject to the the procedures
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Medgadget Classifieds has established a Privacy Policy to explain to users how their
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Your use of the Medgadget Classifieds website or the Service signifies acknowledgement of
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as well as your information, such as email addresses, IP addresses, timestamps,
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You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory,
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of any person;
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d) that violates the Fair Housing Act by stating, in any notice or ad for the
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sex, national origin, age, or disability.
f) with respect to employers that employ four or more employees, that
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g) that impersonates any person or entity, including, but not limited to, a
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affiliation with a person or entity (this provision does not apply to Content
that constitutes lawful non-deceptive parody of public figures.);
h) that includes personal or identifying information about another person
without that person's explicit consent;
i) that is false, deceptive, misleading, deceitful, misinformative, or
constitutes "bait and switch";
j) that infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party, or Content that you do not have a right to
make available under any law or under contractual or fiduciary
relationships;
k) that constitutes or contains "affiliate marketing," "link referral code,"
"junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited
commercial advertisement;
l) that constitutes or contains any form of advertising or solicitation if:
posted in areas of the Medgadget Classifieds sites which are not designated for such
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it is ok to contact them about other services, products or commercial interests.
m) that includes links to commercial services or web sites, except as allowed
in "services";
n) that advertises any illegal service or the sale of any items the sale of
which is prohibited or restricted by any applicable law, including without
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o) that contains software viruses or any other computer code, files or
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q) that employs misleading email addresses, or forged headers or otherwise
manipulated identifiers in order to disguise the origin of Content
transmitted through the Service.
Additionally, you agree not to:
r) contact anyone who has asked not to be contacted;
s) "stalk" or otherwise harass anyone;
t) collect personal data about other users for commercial or unlawful
purposes;
u) use automated means, including spiders, robots, crawlers, data mining
tools, or the like to download data from the Service - unless expressly
permitted by Medgadget Classifieds;
v) post non-local or otherwise irrelevant Content, repeatedly post the
same or similar Content or otherwise impose an unreasonable or
disproportionately large load on our infrastructure;
w) post the same item or service in more than one classified category or
forum, or in more than one metropolitan area;
x) attempt to gain unauthorized access to Medgadget Classifieds's computer systems or
engage in any activity that disrupts, diminishes the quality of, interferes
with the performance of, or impairs the functionality of, the Service or the
Medgadget Classifieds website; or
y) use any form of automated device or computer program that enables the
submission of postings on Medgadget Classifieds without each posting being manually
entered by the author thereof (an "automated posting device"), including
without limitation, the use of any such automated posting device to submit
postings in bulk, or for automatic submission of postings at regular intervals.
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A "Posting Agent" is a third-party agent, service, or intermediary
that offers to post Content to the Service on behalf of others. To
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permitted to post Content on behalf of others, to cause Content to
be so posted, or otherwise access the Service to facilitate posting
Content on behalf of others, except with express permission or
license from Medgadget Classifieds.
9. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to
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expressly prohibited by these TOU, will use or cause to be used servers
located in California. Any unauthorized use of Medgadget Classifieds computer systems
is a violation of the TOU and certain federal and state laws, including
without limitation the Computer Fraud and Abuse Act (18 U.S.C. ยง 1030 et
seq.), Section 502 of the California Penal Code and Section 17538.45 of the
California Business and Professions Code. Such violations may subject the
sender and his or her agents to civil and criminal penalties.
10. PAID POSTINGS
We may charge a fee to post Content in some areas of the Service. The fee
is an access fee permitting Content to be posted in a designated area.
Each party posting Content to the Service is responsible for said Content
and compliance with the TOU. All fees paid will be non-refundable in the
event that Content is removed from the Service for violating the TOU.
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You acknowledge that Medgadget Classifieds may establish limits concerning use of the
Service, including the maximum number of days that Content will be retained
by the Service, the maximum number and size of postings, email messages, or
other Content that may be transmitted or stored by the Service, and the
frequency with which you may access the Service. You agree that Medgadget Classifieds
has no responsibility or liability for the deletion or failure to store any
Content maintained or transmitted by the Service. You acknowledge that
Medgadget Classifieds reserves the right at any time to modify or discontinue the
Service (or any part thereof) with or without notice, and that Medgadget Classifieds
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
12. ACCESS TO THE SERVICE
Medgadget Classifieds grants you a limited, revocable, nonexclusive license to access
the Service for your own personal use. This license does not include:
(a) access to the Service by Posting Agents; or (b) any collection,
aggregation, copying, duplication, display or derivative use of the Service
nor any use of data mining, robots, spiders, or similar data gathering and
extraction tools for any purpose unless expressly permitted by Medgadget Classifieds.
A limited exception to (b) is provided to general purpose internet search
engines and non-commercial public archives that use such tools to gather
information for the sole purpose of displaying hyperlinks to the Service,
provided they each do so from a stable IP address or range of IP addresses
using an easily identifiable agent and comply with our robots.txt file.
"General purpose internet search engine" does not include a website or
search engine or other service that specializes in classified listings
or in any subset of classifieds listings such as jobs, housing, for sale,
services, or personals, or which is in the business of providing classified
ad listing services.
Medgadget Classifieds permits you to display on your website, or create a hyperlink
on your website to, individual postings on the Service so long as such use
is for noncommercial and/or news reporting purposes only (e.g., for use in
personal web blogs or personal online media). If the total number of such
postings displayed or linked to on your website exceeds one hundred (100)
postings, your use will be presumed to be in violation of the TOU,
absent express permission granted by Medgadget Classifieds to do so. You may also
create a hyperlink to the home page of Medgadget Classifieds sites so long as the
link does not portray Medgadget Classifieds, its employees, or its affiliates in a
false, misleading, derogatory, or otherwise offensive manner.
Medgadget Classifieds offers various parts of the Service in RSS format so that users
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or personal web blog, provided that (a) your use of the RSS feed is for
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display does not suggest that Medgadget Classifieds promotes or endorses any third
party causes, ideas, web sites, products or services, (e) you do not
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the RSS feeds and may terminate any RSS feed at any time.
Use of the Service beyond the scope of authorized access granted to you by
Medgadget Classifieds immediately terminates said permission or license. In order to
collect, aggregate, copy, duplicate, display or make derivative use of the
the Service or any Content made available via the Service for other
purposes (including commercial purposes) not stated herein, you must first
obtain a license from Medgadget Classifieds.
13. TERMINATION OF SERVICE
You agree that Medgadget Classifieds, in its sole discretion, has the right (but not
the obligation) to delete or deactivate your account, block your email or IP
address, or otherwise terminate your access to or use of the Service (or any
part thereof), immediately and without notice, and remove and discard any
Content within the Service, for any reason, including, without limitation,
if Medgadget Classifieds believes that you have acted inconsistently with the letter or
spirit of the TOU. Further, you agree that Medgadget Classifieds shall not be liable
to you or any third-party for any termination of your access to the Service.
Further, you agree not to attempt to use the Service after said termination.
Sections 2, 4, 6 and 12-18 shall survive termination of the TOU.
14. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws
and international treaties. Content displayed on or through the Service is
protected by copyright as a collective work and/or compilation, pursuant to
copyrights laws, and international conventions. Any reproduction,
modification, creation of derivative works from or redistribution of the
site or the collective work, and/or copying or reproducing the sites
or any portion thereof to any other server or location for further
reproduction or redistribution is prohibited without the express
written consent of Medgadget Classifieds. You further agree not to reproduce,
duplicate or copy Content from the Service without the express written
consent of Medgadget Classifieds, and agree to abide by any and all copyright notices
displayed on the Service. You may not decompile or disassemble, reverse
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Service. Without limiting the foregoing, you agree not to reproduce,
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aspect of the Service. Medgadget Classifieds is a registered mark in the U.S. Patent
and Trademark Office.
Although Medgadget Classifieds does not claim ownership of content that its users post,
by posting Content to any public area of the Service, you automatically
grant, and you represent and warrant that you have the right to grant, to
Medgadget Classifieds an irrevocable, perpetual, non-exclusive, fully paid, worldwide
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and to grant and authorize sublicenses (through multiple tiers) of the
foregoing. Furthermore, by posting Content to any public area of the Service,
you automatically grant Medgadget Classifieds all rights necessary to prohibit any
subsequent aggregation, display, copying, duplication, reproduction, or
exploitation of the Content on the Service by any party for any purpose.
15. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE Medgadget Classifieds SITE AND THE SERVICE IS ENTIRELY AT
YOUR OWN RISK. THE Medgadget Classifieds SITE AND THE SERVICE ARE PROVIDED ON AN "AS
IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL
EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE
FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW,
Medgadget Classifieds DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY,
TIMELINESS, ACCURACY, AND PERFORMANCE OF THE Medgadget Classifieds SITE AND THE
SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, Medgadget Classifieds DISCLAIMS ANY
WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE
Medgadget Classifieds SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON
THE Medgadget Classifieds SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, Medgadget Classifieds
DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN
CONNECTION WITH THE Medgadget Classifieds SITE OR THE SERVICE. Some jurisdictions do
not allow the disclaimer of implied warranties. In such jurisdictions, some
of the foregoing disclaimers may not apply to you insofar as they relate to
implied warranties.
16. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL Medgadget Classifieds BE LIABLE FOR DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF Medgadget Classifieds
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY
ASPECT OF YOUR USE OF THE Medgadget Classifieds SITE OR THE SERVICE, WHETHER THE
DAMAGES ARISE FROM USE OR MISUSE OF THE Medgadget Classifieds SITE OR THE SERVICE, FROM
INABILITY TO USE THE Medgadget Classifieds SITE OR THE SERVICE, OR THE INTERRUPTION,
SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE Medgadget Classifieds SITE
OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES
INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR
ADVERTISED IN CONNECTION WITH THE Medgadget Classifieds SITE OR THE SERVICE OR ANY
LINKS ON THE Medgadget Classifieds SITE, AS WELL AS BY REASON OF ANY INFORMATION OR
ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE Medgadget Classifieds SITE
OR THE SERVICE OR ANY LINKS ON THE Medgadget Classifieds SITE. THESE LIMITATIONS SHALL
APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions,
limitations of liability are not permitted. In such jurisdictions, some of
the foregoing limitation may not apply to you.
17. INDEMNITY
You agree to indemnify and hold Medgadget Classifieds, its officers, subsidiaries,
affiliates, successors, assigns, directors, officers, agents, service
providers, suppliers and employees, harmless from any claim or demand,
including reasonable attorney fees and court costs, made by any third party
due to or arising out of Content you submit, post or make available through
the Service, your use of the Service, your violation of the TOU, your
breach of any of the representations and warranties herein, or your
violation of any rights of another.
18. GENERAL INFORMATION
The TOU constitute the entire agreement between you and Medgadget Classifieds and
govern your use of the Service, superseding any prior agreements between you
and Medgadget Classifieds. The TOU and the relationship between you and Medgadget Classifieds
shall be governed by the laws of the State of California without regard to
its conflict of law provisions. You and Medgadget Classifieds agree to submit to the
personal and exclusive jurisdiction of the courts located within the county
of San Francisco, California. The failure of Medgadget Classifieds to exercise or
enforce any right or provision of the TOU shall not constitute a waiver of
such right or provision. If any provision of the TOU 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 TOU remain in
full force and effect. You agree that regardless of any statute or law to
the contrary, any claim or cause of action arising out of or related to use
of the Service or the TOU must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
19. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the TOU, by flagging the posting(s) for
review, or by emailing to:
classifieds@medgadget.com
Our failure to act with respect to a breach by you or others does not waive our
right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify,
if it becomes necessary for Medgadget Classifieds to pursue legal action to enforce the
TOU, you will be liable to pay Medgadget Classifieds the following amounts as liquidated
damages, which you accept as reasonable estimates of Medgadget Classifieds' damages for
the specified breaches of the TOU:
a. If you post a message that (1) impersonates any person or entity; (2)
falsely states or otherwise misrepresents your affiliation with a person or
entity; or (3) that includes personal or identifying information about
another person without that person's explicit consent, you agree to pay
Medgadget Classifieds five thousand dollars ($5,000) for each such message.
This provision does not apply to messages that are lawful non-deceptive
parodies of public figures.
b. If Medgadget Classifieds establishes limits on the frequency with which you may
access the Service, or terminates your access to or use of the Service, you
agree to pay Medgadget Classifieds one hundred dollars ($100) for each message posted
in excess of such limits or for each day on which you access Medgadget Classifieds in
excess of such limits, whichever is higher.
c. If you send unsolicited email advertisements to Medgadget Classifieds email
addresses or through Medgadget Classifieds computer systems, you agree to pay
Medgadget Classifieds twenty five dollars ($25) for each such email.
d. If you post Content in violation of the TOU, other than as described
above, you agree to pay Medgadget Classifieds one hundred dollars ($100) for each
Item of Content posted. In its sole discretion, Medgadget Classifieds may elect
to issue a warning before assessing damages.
e. If you are a Posting Agent that uses the Service in violation of the
TOU, in addition to any liquidated damages under clause (d), you agree to
pay Medgadget Classifieds one hundred dollars ($100) for each and every Item of Content
posted in violation of the TOU. A Posting Agent will also be deemed an agent
of the party engaging the Posting Agent to access the Service (the
"Principal"), and the Principal (by engaging the Posting Agent in
violation of the TOU) agrees to pay Medgadget Classifieds an additional one hundred
dollars ($100) for each Item of content posted by the Posting Agent on
behalf of the principal in violation of the TOU.
f. If you aggregate, display, copy, duplicate, reproduce, or otherwise
exploit for any purpose any Content (except for your own Content) in
violation of the TOU without Medgadget Classifieds's express written permission,
you agree to pay Medgadget Classifieds ten thousand dollars ($10,000) for each day
on which you engage in such conduct.
Otherwise, you agree to pay Medgadget Classifieds's actual damages, to the extent such
actual damages can be reasonably calculated. Notwithstanding any other
provision of the TOU, Medgadget Classifieds retains the right to seek the remedy
of specific performance of any term contained in the TOU, or a preliminary
or permanent injunction against the breach of any such term or in aid of the
exercise of any power granted in the TOU, or any combination thereof.
20. FEEDBACK
We welcome your questions and comments on this document. Please contact us at classifieds@medgadget.com
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