Last updated 1/6/2017
YOUR USE OF THE SITE, OR ANY PART THEREOF, CONSTITUTES YOUR BINDING ACCEPTANCE OF THESE TOU.
If you are using the Site in your capacity as an employee, owner, or otherwise as an agent of another person or entity, you hereby affirm that you are authorized to represent such person or entity and, in that capacity, you agree that the person or entity that you represent will be bound by these TOS. You further represent and warrant that you are of legal age to form a binding contract, and that no legal reason exists that we should deny you access to the Site.
Because we may modify the TOS from time to time without notice to you, we encourage you to read these TOS from time to time to ensure that you are aware of your current rights and responsibilities. Any changes we make to these TOS will be effective immediately after we post modified TOS, notwithstanding the possibility that you may have a previous version cached on your browser. The TOS that apply are the most recent version of the TOS that appear on a non-cached browser. Your continued use of the Site after changes to these TOS have been published constitutes your binding acceptance of the updated TOS.
If, at any time, these TOS are no longer acceptable to you, you should cease using the Site immediately.
Terms and conditions governing your use of the press release distribution and related service(s) (collectively, the “Service”):
“Medgadget” means Medgadget LLC. “Client” means the party utilizing Medgadget’s services. “Agreement” means this Terms of Service Agreement. “Content” means all information and materials submitted by Client to Medgadget. “Service” or “Services” means any and all services provided to Client by Medgadget. “Partner” or “Partners” means a third party that has a joint venture, marketing or similar relationship with Medgadget; a third party who broadcasts, displays or distributes the Content with the permission of Medgadget; and any third party who otherwise uses the Content with Medgadget’s permission.
2. PAYMENT TERMS
Clients must pay for Services by credit card at the time the Content is submitted or, with approved credit, may be invoiced. Unless otherwise specified, all invoices of Medgadget are due upon receipt. In addition to the amounts due, Medgadget may charge interest on overdue amounts at the lesser of 18% per annum or the maximum rate permitted by law, as well as any costs of collection, including reasonable legal fees and costs. Medgadget may, at its sole election, suspend performance of any further Services until such time as all payments due are paid.
A. You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. All payment obligations are noncancelable and all amounts paid are nonrefundable. You must provide Medgadget with valid credit card information to use the Service. Medgadget reserves the right to modify its fees and charges and to introduce new charges at any time.
B. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on Medgadget’s income. If you believe your bill is incorrect, you must contact us in writing within 60 days at the following address: Medgadget, LLC, Attn: Legal Dept., 136 South 2nd Street, # D3, Brooklyn, NY 11211
C. You agree to provide Medgadget with complete and accurate billing and contact information. You agree to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, Medgadget reserves the right to terminate your access to the Service in addition to any other legal remedies.
D. Unless otherwise agreed to by Medgadget, amounts will be billed in U.S. dollars.
User Accounts & Account Information
You agree to provide true, accurate, current and complete account information, and to promptly communicate any updates of that information to Medgadget.
You are responsible for keeping your login credentials confidential. You may not share your username or password with anyone. You may not transfer your registration, username or password to any other person or entity or otherwise permit anyone to access or use your account.
You are solely responsible for any account information submitted, as well as any other activity that takes place on or through your account. Any information or content submitted on or through your account is deemed to have been submitted by you.
If you become aware that your account may have been breached or compromised in any way, you agree to immediately: (i) change your username and/or password, if possible; and (ii) notify us at medgadget(at)medgadget.com.
Your use of the Site is subject to all applicable local, state, national and international laws and regulations. You agree to abide by all such laws and regulations, including those relating to intellectual property, defamation, privacy, and the transmission or exportation of data.
You agree that you will not do or assist any third party to do, any of the following:
• interfere with another user’s use or enjoyment of the Site;
• other than as explicitly stated herein or as posted elsewhere on the Site, reproduce, distribute, “frame,” “mirror,” “scrape,” republish or retransmit information or content provided by Medgadget or found on the Site without the express prior written permission of Medgadget;
• reproduce, distribute, “frame,” “mirror,” “scrape,” republish or re-transmit information or content submitted by another user of any Site without the express permission of the owner of the information or content;
• access the Site through an unauthorized interface or in any other unauthorized manner;
• take any action that imposes an unreasonable or disproportionately large load on Medgadget systems or infrastructure;
• modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site, or in any way make the Site available through any media to any third party;
• use any robot, spider, site search/retrieval application, or other manual or automatic device or process to access, search, download, retrieve, index or “data mine” any content or data from the Site, or in any way reproduce or circumvent the navigational structure or presentation of the content available through the Site;
• interfere with or disrupt the proper working or the security of the Site, or any services or activities conducted on or through the Site, including by “hacking” or defacing any portion of the Site;
• introduce any virus, Trojan horse, phishing software, or other computer program or programming routine that may damage or interfere with the operation of the Site, any content from the Site, any services or activities conducted on or through the Site, or any system;
• unlawfully intercept any data or confidential or personal information; or
• interfere with or disrupt any network connected to the Site.
You further agree that you will not use the Site to:
• send junk e-mail, chain letters, duplicative or unsolicited messages, advertisements, invitations to participate in “pyramid” schemes, or spam;
• misrepresent (by statement or by omission) your identity, credentials, affiliations or experience, or impersonate any person or entity;
• stalk, threaten, or otherwise harass any person or entity;
• provide material support or resources to, or conceal or disguise the nature, location, source, or ownership of material or resources of, any organization designated by the United States government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act.
A. You are responsible for the content and accuracy of all news copy and other information submitted by you to Medgadget, LLC d/b/a Medgadget (“Medgadget”) or entered into the Service (the “Submitted Materials”). Because of the volume of information and copy submitted to Medgadget, Medgadget cannot be responsible for verifying facts contained in Submitted Materials.
You represent and warrant that you will not submit information or content that contains any material that:
• is false, inaccurate, outdated or misleading;
• infringes Medgadget’s or any third party’s copyright, moral, patent, trademark, trade secret or other proprietary rights, contract rights, or rights of publicity or privacy;
• is defamatory or libelous, including trade libel or product disparagement;
• is threatening, abusive or harassing;
• is vulgar, obscene, offensive, or pornographic, or contains links to any external Internet sites that are obscene or pornographic, or display pornographic or sexually explicit material of any kind;
• is unlawful, harmful or injurious to others; or
• is otherwise inappropriate to the substance of the discussion or other exchange of information.
You further represent and warrant that:
• you will only submit information and content that is either original and exclusively owned by you, or to which you have obtained all necessary third-party permissions and licenses;
• you will only submit information and content to or for which you have affixed copyright notices and attributed all third party content, as necessary; and
• you have the full and unrestricted power to submit all information and content submitted by you and to convey all rights conveyed in that information and content.
You agree not to submit information or content:
• in violation of a nondisclosure agreement or other obligation of confidentiality; or
• in violation of any law, ordinance, rule or regulation (including those governing export control, securities, unfair competition, insider trading, privacy, intellectual property and false advertising).
You agree that we may, in our sole discretion and without prior notice to you, edit, move, refuse or remove any such information or content, and take any other action permitted under these TOU.
You acknowledge that Medgadget has no responsibility or liability for the actions of other users of the Site, including actions another user may take or fail to take with respect to information or content that you submit to the Site. Please exercise appropriate caution when posting or communicating any information or content to the Site, or when using any information or content posted, communicated or otherwise submitted by another Site user to or through the Site.
• copy, display, distribute, use, perform, transmit, store and archive information and content submitted by you in Medgadget’s sole discretion, including without limitation: (i) as directed by your actions and/or instructions; (ii) as necessary to provide customer service; and (iii) as otherwise necessary to provide the functionality of the Site;
• use, in whole or in part, your name, likeness, photograph, image, company name, screen name, e-mail address and/or other identifying information provided or available in connection with content submitted by you;
• access and disclose your account information and any other information and content submitted by you, if required to do so by law or if such action is, in our sole judgment, necessary in order to: (i) comply with legal process; (ii) enforce these TOS; (iii) respond to claims that any information or content violates the rights of any third party; or (iv) protect the rights, property or personal safety of Medgadget or any third party; and
• incorporate information and content posted by you into compilations, derivative works, and marketing and promotional materials for the Site and for Medgadget, and publish and otherwise make generally available archives containing the information and content posted by you; any such compilations, derivative works, and marketing and promotional materials may be reproduced, published, performed, displayed and otherwise distributed in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, to any and all third parties without compensation or attribution to you.
We reserve the right to change the Site (including changing or discontinuing any services and functionality offered, in whole or in part) at any time for any reason at our discretion without notice or liability to you.
B. Medgadget reserves the right (i) to reject or edit or remove Submitted Materials; and (ii) to remove any press release from its web site at any time, pull any press release from distribution or deny approval to any press release. Medgadget can only remove Submitted Materials from its network, and Medgadget makes no representation or warranty regarding the removal of Submitted Materials from sites outside of the Medgadget network.
C. Medgadget endeavors to disseminate Submitted Materials promptly and accurately. Any inadvertent errors by Medgadget will be corrected promptly upon discovery, without additional charge, and such obligation to correct shall constitute the sole liability of Medgadget in this regard. If Submitted Material is not distributed within 30 days of the earlier of the (i) date on which you enter such material or (ii) pay for the Service (even if you have not yet entered Submitted Material) for reasons other than a delay caused solely by Medgadget, then Medgadget’s service to you concerning such Submitted Material and/or payment shall be considered complete, and Medgadget shall have no further obligation to you regarding such Submitted Material or in relation to such payment.
D. All Submitted Materials transmitted by Medgadget must contain a user-supplied contact name, phone number and e-mail address that may be verified by Medgadget.
E. Medgadget does not warrant specific placement of any news release nor pick up by third parties of any news release on its wire, but will deliver a news release via online distribution methods to make such content available to be repurposed by third parties who discover the content at various Internet locations, both intended and unintended.
F. You agree to use the Service for its intended purpose and not for any illicit purposes including, but not limited to, the reverse engineering of the site and/or its processes and the inclusion of such processes or services in a derivative service. You shall not query, spider or access any Medgadget systems without the express written consent of Medgadget.
4. Suspension, Termination
A. Medgadget may suspend or terminate your account at any time at its discretion. Notwithstanding the foregoing, if your account becomes delinquent or you breach any material term or condition herein, then, in addition to any of its other rights or remedies, Medgadget reserves the right to suspend your access to the Service, without liability to you.
5. Warranties; Limitation of Liability
A. You represent and warrant to Medgadget that (i) you have the right to deliver the Submitted Materials to Medgadget, (ii) you will comply with all applicable laws, rules and regulations, including but not limited to the Children’s Online Privacy Protection Act of 1998 and laws relating to “spam”, (iii) Submitted Materials will not contain any content that is obscene, libelous, slanderous or otherwise defamatory, false or misleading or which violates any copyright, right of privacy or publicity or other right of any person; and (iv) Submitted Materials will not contain any viruses, scripts, macros, or programs or links to macros, scripts, programs, or any code that alters, destroys, infiltrates or inhibits the operation of computer systems including, but not limited to the Service or data stored within such computer systems including, but not limited to the Service.
B. THE SITE AND ALL MEDGADGET MATERIALS ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION, PROMISE OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MEDGADGET, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, ADVERTISERS, AND AGENTS (THE “MEDGADGET PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES (I) WARRANTIES OF TITLE AND NON-INFRINGEMENT, (II) WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE, (III) WARRANTIES RELATING TO THE ADEQUACY, ACCURACY, TIMELINESS, QUALITY, SAFETY OR COMPLETENESS OF ANY INFORMATION OR CONTENT AVAILABLE THROUGH THE SITE, (IV) WARRANTIES THAT THE SITE WILL BE AVAILABLE FOR USE, UNINTERRUPTED, ERROR FREE OR SECURE, OR THAT ALL FEATURES, FUNCTIONS OR OPERATIONS OF THE SITE WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR THAT ANY ERRORS WILL BE CORRECTED, (V) WARRANTIES THAT THE SITE (INCLUDING FILES AVAILABLE FOR DOWNLOAD FROM OR THROUGH THE SITE) OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO OPINION, ADVICE, OR STATEMENT OF MEDGADGET OR ITS AFFILIATES, SUPPLIERS, AGENTS, CUSTOMERS, OR USERS, WHETHER MADE IN THESE TOS, ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY.
YOUR USE OF THE SITE AND ANY AND ALL INFORMATION OR CONTENT THAT YOU VIEW, DOWNLOAD OR OTHERWISE OBTAIN FROM OR THROUGH THE SITE IS AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES SHALL MEDGADGET OR THE MEDGADGET PARTIES BE LIABLE TO YOU FOR ANY LOSS, DAMAGE OR EXPENSE INCURRED IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE OR YOUR USE OF OR RELIANCE ON ANY INFORMATION OR CONTENT THAT YOU VIEW, DOWNLOAD OR OTHERWISE OBTAIN FROM OR THROUGH THE SITE.
UNDER NO CIRCUMSTANCES SHALL MEDGADGET OR THE MEDGADGET PARTIES BE LIABLE TO YOU FOR ANY LOSS, DAMAGE OR EXPENSE INCURRED IN CONNECTION WITH ANY MISREPRESENTATION OR OTHER BREACH OF THESE TOS BY ANOTHER USER, OR ANY COMMUNICATION, ACTIVITY, BUSINESS DEALING OR TRANSACTION BETWEEN YOU AND ANY OTHER THIRD PARTY.
THE MEDGADGET PARTIES SHALL HAVE NO LIABILITY FOR, AND YOU AGREE TO WAIVE ANY AND ALL RIGHTS AGAINST THE MEDGADGET PARTIES AND HOLD THE MEDGADGET PARTIES HARMLESS IN CONNECTION WITH, ANY CLAIMS RELATING TO (I) ANY ACTION TAKEN OR NOT TAKEN BY THE MEDGADGET PARTIES AS PART OF AN INVESTIGATION OF A SUSPECTED VIOLATION OF THESE TOS, AND (II) ANY STEPS TAKEN OR NOT TAKEN BY THE MEDGADGET PARTIES IN RESPONSE A CONCLUSION THAT A VIOLATION OF THE TOS HAS OCCURRED OR NOT OCCURRED.
REGARDLESS OF THE FORM OF ACTION, WHETHER TORT, BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, OR OTHERWISE, IN NO EVENT SHALL THE MEDGADGET PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGE OR EXPENSE, INCLUDING LOSS OF BUSINESS, LOST PROFITS OR OTHER ECONOMIC DAMAGE OF ANY KIND ARISING FROM OR RELATED TO YOUR USE OF (OR YOUR INABILITY TO USE) THE SITE OR ANY MEDGADGET MATERIALS, OR ARISING FROM ANY OTHER CAUSE, EVEN IF THE MEDGADGET PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OR FORESEEABILITY OF SUCH DAMAGE OR EXPENSE.
Limitation of Liability
THE MEDGADGET PARTIES’ TOTAL CUMULATIVE LIABILITY TO YOU ON ACCOUNT OF ANY AND ALL CLAIMS AND ACTIONS OF ALL KINDS, INCLUDING TORT, CONTRACT, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY ARISING IN CONNECTION WITH YOUR USE OF (OR INABILITY TO USE) THE SITEOR ANY MEDGADGET MATERIALS, OR ARISING FROM ALL OTHER CAUSES, SHALL NEVER EXCEED THE GREATER OF THE TOTAL AMOUNT PAID TO THE MEDGADGET PARTIES BY YOU, IF ANY, FOR ACCESS TO THE SITE IN THE CURRENT CALENDAR YEAR AND ONE HUNDRED DOLLARS ($100.00).
NOTWITHSTANDING THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY, NOTHING IN THESE TOS EXCLUDES OR LIMITS THE MEDGADGET PARTIES’ LIABILITY FOR ANY CLAIM THAT, BY LAW, CANNOT BE EXCLUDED OR LIMITED.
C. Medgadget’s entire liability for damages for any claims arising under or in connection with your use of the Service, regardless of the cause of action, whether in contract or in tort (including without limitation, breach of warranty and negligence claims) shall be limited to your actual direct damages, not to exceed the amounts actually paid by you for your use of the Service during the twelve months immediately preceding the month in which the cause of action arose. IN NO EVENT SHALL MEDGADGET HAVE ANY LIABILITY TO YOU FOR ANY CLAIMS OR DEMANDS OF THIRD PARTIES OR ANY LOST PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOST SAVINGS OR OTHER CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
A. You hereby agree to indemnify, defend (except as set forth below), and hold Medgadget, its parent, subsidiaries, affiliates, content suppliers and customers, and its and their respective officers, directors, owners, employees, agents, representatives, vendors, service providers and licensors, and its and their respective successors and assigns harmless from and against any and all liability, loss, damage, judgment, cost and expense (including attorneys’ fees and costs), incurred in connection with any claim, action, or proceeding brought by a third party based upon or arising out of your use of the Site, your use of any Medgadget Materials, the information or content you submit to or through the Site, or your violation or alleged violation of these TOS or the rights of any other user, person or entity (an “Indemnified Claim”).
B. Medgadget reserves the right to assume the defense and control of any Indemnified Claim, and all negotiations for settlement or compromise thereof, and you agree that you will, if and as requested by Medgadget, fully cooperate with Medgadget in the defense of any such Indemnified Claim in addition to your other indemnity obligations hereunder.
C. Indemnification is conditioned upon the following: (i) the Indemnitee promptly notifying the Indemnitor of any claim; (ii) the Indemnitor having sole control of the defense and all related settlement negotiations; and (iii) the Indemnitee cooperating, at the Indemnitor’s expense, in the defense and furnishing the Indemnitor with all related evidence in its control.
D. If a claim regarding the Service and alleging infringement is brought or is likely, in Medgadget’s sole opinion, to be brought, Medgadget may, at its sole option and expense (i) obtain the right for you to continue using the Service; (ii) replace or modify the Service so that it becomes non-infringing; or (iii) upon notice to you, terminate your use of the Service or any portion thereof, provided that Medgadget promptly refunds to you the prorated portion of any pre-paid fees paid hereunder.
A. Medgadget facilities are governed by Federal and State regulations.
B. Medgadget is registered trademark of Medgadget, LLC, and no right or license is granted to use it. Certain content available through and used to operate the Service is protected by copyright, trademark, patent, or other proprietary rights of Medgadget and its affiliates, licensors, and/or service providers. You shall not (i) use any of the trademarks, service marks, logos or other content accessible through the Service other than as set forth herein or as approved by Medgadget; or (ii) modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by Medgadget in connection with the Service. All rights not expressly granted to you herein are reserved by Medgadget, LLC.
C. You shall not hold yourself out as in any way as sponsored by, affiliated with, or endorsed by Medgadget or its subsidiaries or affiliates. You agree not to (i) defame or disparage Medgadget, its trademarks or service marks, or the Service; or (ii) adapt, translate, modify, decompile, disassemble, or reverse engineer the Service or any software or programs used in connection with the Service.
D. You consent to receive communications from Medgadget concerning the Service electronically by email to the email address you provided in connection with your account. You also consent to receive communications by telephone or by postal mail sent to the postal address you provided in connection with your account. You may change the email or postal address to which Medgadget sends communications by notifying Medgadget in writing (which may be by email).
E. By registering for the Service or submitting Submitted Materials, you agree to be bound by these terms and conditions. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions. Should you violate these terms and conditions or any other rights of Medgadget, Medgadget reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts.
F. You are responsible for all activity occurring under your account and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service. Your obligations shall be binding on your heirs, successors and assigns.
G. Medgadget reserves the right to modify these terms and conditions or its policies relating to the Service at any time, effective upon posting of an updated version on the Service. You are responsible for regularly reviewing these terms and conditions. Continued use of the Service after any such changes shall constitute your consent to such changes.
H. You acknowledge and agree that you and Medgadget are independent contractors, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party has authority to enter into agreements of any kind on behalf of the other, and neither party shall be considered the agent of the other.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. See http://loc.gov/copyright/ for the most current statutory requirements.
If you believe, in good faith, that any materials posted on the Site infringe your copyright, please contact us promptly so that we may take appropriate action.
In order for us to respond to your claim of infringement, you (or your agent) must provide us, in writing, with the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
a description of the copyrighted work that you believe has been infringed;
a description of where the infringing material is located or identified on the Site;
your name, address, telephone number, and e-mail address;
a statement by you that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner of the allegedly infringed work, an agent of the owner, or the law; and
a statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright in the allegedly infringed work, or authorized to act on the owner’s behalf.
The above information should be provided to Medgadget’s agent for notice of claims of copyright infringement, who can be reached by clicking here or sending the requested information as follows:
Medgadget, LLC, Attn: Legal Dept., 136 South 2nd Street, # D3, Brooklyn, NY 11211
Please note that you will be liable for damages (including attorneys’ fees and costs) if you materially misrepresent the nature of your rights or the nature of the alleged infringement.
It is Medgadget’s policy to terminate the user accounts of repeat infringers or otherwise take reasonable steps to prevent such users from continuing to post.
General. This Site is created, controlled and operated by Medgadget LLC in the United States, and is intended for use by residents of the United States, its territories and possessions who are at least 18 years of age or older.
Amendment. Any amendment to these TOS offered by you must be in writing and signed by Medgadget.
Notice. We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Site or delivering them to you through e-mail. You have the right to request that we provide such notices to you in hard copy, and may do so by contacting us at Medgadget, LLC, Attn: Legal Dept., 136 South 2nd Street, # D3, Brooklyn, NY 11211. If you are a California resident, you may have notices e-mailed to you by sending a letter to the foregoing address with your e-mail address and a request that notices be e-mailed. If you do not provide us with accurate information and update it, as necessary, we cannot be held liable for a resulting failure to notify you.
Cumulative Rights. Except as otherwise provided herein, no rights or remedies of Medgadget in these TOS are exclusive, but are cumulative of all other rights and remedies.
Assignment. The rights and obligation of Medgadget under these TOS may be assigned or delegated, in whole or in part, by Medgadget to an affiliate or a third party in connection with a merger, acquisition, reorganization, or sale of assets. You may not assign or delegate these TOS, in whole or in part, and any attempt to do so will be null and void.
Choice of Law & Forum. The formation, construction and interpretation of these TOS and all disputes arising out of or relating hereto shall be governed by and construed in accordance with the laws of the State of New York, giving no effect to conflict of law principals. The U.N. Convention on Contracts for the International Sale of Goods is expressly excluded from any interpretation of these TOS. Any dispute relating to these TOS shall be subject to the exclusive jurisdiction of the state and federal courts in New York, New York, U.S.A. The parties agree to submit to the personal and exclusive jurisdiction of these courts, and to waive any objections to jurisdiction, venue or forum.
Construction. In these TOS, unless otherwise specified: (i) “herein,” hereof,” “hereunder,” “hereto,” and similar terms, refer to these TOS as a whole and not merely to the specific section, paragraph or clause in which the respective word appears; (ii) any defined terms may, unless the context otherwise requires, be used in the singular or the plural; (iii) “or” connotes any combination of all or any of the items listed; and (iv) where “including,” “include” or “includes” is used to refer to an example or begins a list of items, such example or list shall not be exclusive.
No Third Party Beneficiaries. Except for Medgadget’s affiliates, and the suppliers and vendors that support the Site, there are no third party beneficiaries of these TOS.
Headings. Headings and captions contained in these TOS are included for convenience only, and are not intended to define or govern the interpretation of any section or provision hereof.
Waiver. The failure of Medgadget to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision, and no waiver by Medgadget of a breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Severability of Terms. If any provision of these TOS is found by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed deleted from the TOS and replaced with a provision that approximates, as nearly as possible, the intent of the offending provision while remaining valid, legal and enforceable. All other provisions of these TOS shall remain in full force and effect.
If you encounter any problems with or have any questions about the Site, Medgadget Materials, or these TOS, you may contact us via this form.
For legal notices, please contact us in writing at Medgadget, LLC, Attn: Legal Dept., 136 South 2nd Street, # D3, Brooklyn, NY 11211
California residents may also choose to contact the Complaint Assistance Unit of the Division of Consumer Sites of the Department of Consumer Affairs, at 400 R Street, Sacramento, California 95814 or (800) 952-5210.
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