Terms of use

Binding Agreement

Please read this Agreement carefully before accessing or using the Site or Services (as defined below). By accessing the Site or using the Services, you agree to be bound by all of the terms and conditions of this Agreement. Cortex Television LLC operates this website (the “Site”), and the services related to or offered on the Site (the “Services”). These Services may include, without limitation, tools, applications, email services, bulletin and message boards, chat areas, news groups, forums, communities, calendars and downloadable mobile applications related to the Site or provided through the Site.

This Site is for Informational Purposes Only

The Site and Services offer health, fitness and nutrition related information, but are designed for non-commercial, informational purposes only. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR THE CONTENT ON THE SITES OR SERVICES, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH-RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECA– USE OF SOMETHING YOU MAY HAVE READ ON THE SITE OR SERVICES. THE — USE OF ANY INFORMATION PROVIDED ON THE SITE OR SERVICES IS SOLELY AT YOUR OWN RISK. Nothing stated or posted on the Site or Services is intended to be, and must not be taken to be, the practice of medicine or counseling care. For the purposes of this agreement, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, the practice of pharmacy, nutrition and fitness counseling or providing health care treatment, instructions, diagnosis, prognosis or advice. Developments in medical research may impact the health, fitness and nutritional topics discussed on the Site or Services and no assurance can be given that the information contained in the Site or Services will always include the most recent findings or developments with respect to the particular material. We do not recommend or endorse any specific tests, physicians, clinics, procedures, opinions, products or other information that may appear on the Site or Services. If you rely on any of the information provided by this Site or the Services, our employees, or guests or visitors to the Site or Services, you do so solely at your own risk. The Site and Services may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use the Site or Services. References may be made to “off-label” or non-FDA approved uses of certain products on the Site and Services.

Nothing stated or posted on the Site or Services is intended to be, and must not be taken to be, the practice of medicine or counseling care. For the purposes of this agreement, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, the practice of pharmacy, nutrition and fitness counseling or providing health care treatment, instructions, diagnosis, prognosis or advice. Developments in medical research may impact the health, fitness and nutritional topics discussed on the Site or Services and no assurance can be given that the information contained in the Site or Services will always include the most recent findings or developments with respect to the particular material. We do not recommend or endorse any specific tests, physicians, clinics, procedures, opinions, products or other information that may appear on the Site or Services. If you rely on any of the information provided by this Site or the Services, our employees, or guests or visitors to the Site or Services, you do so solely at your own risk. The Site and Services may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use the Site or Services. References may be made to “off-label” or non-FDA approved uses of certain products on the Site and Services.

Copyright and Trademarks

You acknowledge and agree that the Site and Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You may download and reprint a single copy of the materials from the Site or Services for your own personal, noncommercial use only, provided you include all applicable notices and disclaimers. Any other use of the materials is strictly prohibited without our prior written permission and the permission of the applicable rights holder(s). Without limiting the foregoing, the copying, redistribution, reposting, publication, adaptation or alteration of any part of the Site or Service in connection with any commercial enterprise is prohibited without prior written permission from us. The use of any the materials presented on the Site or Service on any other web site or networked computer environment or for any other purpose is strictly prohibited and such unauthorized use may violate copyright, trademark, and other similar laws. Nothing contained in the Site or Services or these terms of use grants any right to use any of the marks available through the Site or Services without our prior written permission.

Prohibited Activities

Unless otherwise specified in writing, the Site and the Services are for your personal and non-commercial use. In connection with your use of the Site and/or Services, you acknowledge and agree that you will not: (1) Copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code of, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, or transfer or sell any information, software, products or services obtained through the Site or Services; (2) Access the Site or Services by any means other than through standard industry-accepted interfaces; (3) Post or transmit any material that contains a virus or corrupted data; (4) Delete any author attributions, legal notices or proprietary designations or labels; (5) Violate any applicable local, state, national or international law, rule or regulation or use the Site or Services for any purpose that is prohibited by these terms of use; (6) Manipulate or otherwise display the Site or Services by using framing or similar navigational technology; (7) Register, subscribe or unsubscribe any party for the Site or any Services if you are not expressly authorized by such party to do so; (8) Use the Site or Services in any manner that could damage, disable, overburden or impair our servers or networks or interfere with any other user’s use and enjoyment of the Site or the Services; (9) Gain or attempt to gain unauthorized access to the Site or any of our Services, accounts, computer systems or networks through hacking, password mining or any other means; (10) Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or Services or harvest or otherwise collect information about other users without their consent; or (11) Use the Site or Services in any manner that could damage, disparage or otherwise negatively impact Cortex Television LLC. In addition, you agree to comply with our Posting Guidelines below.

Posting Guidelines

The Site and/or Services may contain message boards, chats and other public forums. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers of the Site and Services. These are public forums and any information that you post on the Site or Services may be seen by the public. When posting information on the Site or Services, use good taste when discussing sensitive topics and treat others with respect and honesty. Be fair and informative. Post honest and valuable information and don’t post rumors or negative opinions that are not supported by facts. Unless the information in your post arises directly from your personal experience, appropriate references to any health-related or medical information you provide must be included in your post.
In addition to the prohibited activities described above, when posting information and media on the Site or Services you must not:

  1. Post anything that interferes with or disrupts the Site or the operation thereof, including files that contain malicious code, viruses, corrupted files or any other similar software or programs that may damage the operation of any computer, network or the web site;
  2. Post statements or materials that violate other contractual or fiduciary rights, duties or agreements;
  3. Post statements or materials that are bigoted, hateful, racially offensive, vulgar, obscene, pornographic, profane or otherwise objectionable, including language or images that typically would not be considered socially or professionally responsible or appropriate in person;
  4. Post statements or materials that encourage criminal conduct or that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction;
  5. Post statements or materials that in any way harm minors;
  6. Post or upload personal information, pictures, videos or any other media of another person without their express permission or post information or materials that impersonate any other person or entity, whether actual or fictitious;
  7. Post anything that violates the privacy or publicity rights of any other person, including, without limitation, posting any personal identifying information of another individual, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers or any trade secrets or information for which you have any obligation of confidentiality;
  8. Post statements or materials that misrepresent your affiliation with any entity;
  9. Post statements or materials that constitute junk mail, spam or unauthorized advertising or promotional materials;
  10. Post material that in the sole judgment of Cortex Television LLC is objectionable or restricts or inhibits any person or entity from using or enjoying any interactive features or other portions of the Site, or which may expose Cortex Television LLC or its users to harm or liability of any nature; or
  11. Post material that infringes, or that may infringe, any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, or that you otherwise do not have the right to make available, without the express permission of the owner of the copyright, trademark or other proprietary right. Cortex Television LLC does not have any responsibility to provide any user with indications, markings or anything else that may aid any user in determining whether the material in question is copyrighted or trademarked. Users shall be solely liable for any damage resulting for infringements of copyrights, trademarks, proprietary rights or any other harm resulting from their submission.

Any user failing to comply with these guidelines may be expelled from and refused continued access to the message boards, chats or other public forums in the future. Cortex Television LLC or its designated agents may remove or alter any user-created content at any time for any reason. Materials posted and/or uploaded to the various public forums may be subject to size and usage limitations. You are responsible for adhering to such limitations. We expressly disclaim all responsibility and endorsement and make no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings or for hyperlinks embedded in any messages. Under no circumstances will Cortex Television LLC, or our parent company, affiliates, content suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of Cortex Television LLC, or our parent company, affiliates, content suppliers or agents. We have no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums. However, you acknowledge and agree that we reserve the right to monitor the same at our sole discretion. Unless otherwise stated, moderators are generally not medical professionals and should not be construed as such. Our moderators reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors. In addition, we reserve the right to contact users to inform them of policies, hide users’ posts or delete users’ accounts without warning or notice in advance, for any reason, including but not limited to the violation of these terms of use.

By sending or transmitting to us content, images, video, audio files, creative suggestions, ideas, notes, concepts, information or other materials (collectively, “Submission Materials”), or by posting such Submission Materials on the Site or Services, you hereby grant to us and our designees a worldwide, non-exclusive, sublicenseable, assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, modify, create derivative works of, publicly perform, publicly display, digitally perform, sell, offer for sale and import such Submission Materials in any media now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to you. The foregoing license to Cortex Television LLC shall be fully paid-up and royalty free. You represent and warrant that any person or entity named or pictured in such Submission Material has provided any necessary licenses, rights or authorizations to allow us to use such Submission Materials in accordance with such license. None of the Submission Materials disclosed or posted via message boards, chats or other public forums shall be subject to any obligation, whether of confidentiality, attribution or otherwise.

Copyright Policy
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 the U.S. copyright law. If you believe in good faith that materials hosted on the Site or Services infringe your copyright, you or your agent may send to Cortex Television LLC a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Cortex Television LLC actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our

Copyright Agent the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. Identification of the copyrighted work that you claim has been infringed;
  3. Identification of where the material that you claim is infringing is located on the Site or Service reasonably sufficient to permit us to locate the material;
  4. Information reasonably sufficient to permit us to contact you, such as your address, telephone number and, if available, your email address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

No Warranties

THE SITE AND THE SERVICES, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SITE AND SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CORTEX TELEVISION LLC, ITS LICENSORS AND THEIR PARENT COMPANIES, AFFILIATES, Projects In Knowledge, SUPPLIERS AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR — USE OF THE SITE AND/OR SERVICES AND ACCESS TO AND — USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE; (iii) THAT DEFECTS WILL BE CORRECTED; OR (iv) THAT ANY SOFTWARE, SERVICES, SITES OR SERVER(S) ON WHICH THE SITE OR SERVICES ARE HOSTED ARE FREE OF VIR– USES OR OTHER HARMFUL COMPONENTS. YOUR — USE OF THE SITES AND SERVICES AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITE AND SERVICES ARE ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PRODUCTS OR SERVICES ADVERTISED ON THE SITE OR SERVICES OR ABOUT THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS WITH REGARD TO THE CONTENT CONTAINED ON THE SITE OR SERVICES. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY TREATMENT, ACTION OR APPLICATION OF MEDICINE, MEDICATION OR THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE SITE OR SERVICES.

Limitation on Liability; Limited Remedies

NEITHER CORTEX TELEVISION LLC NOR ITS PARENT COMPANY, Projects In Knowledge, Inc., AFFILIATES, LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE — USE OF OR INABILITY TO — USE THE SITE AND/OR SERVICES; (ii) ANY CONTENT CONTAINED ON THE SITE AND/OR SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITE AND/OR SERVICES; (iv) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE AND/OR SERVICES; (vi) ANY DAMAGE CA– USED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITE AND/OR SERVICES; OR (vii) ANY OTHER MATTER RELATING TO THE SITE AND/OR SERVICES.

Links

Cortex Television LLC is not affiliated or associated with sponsors of sites which hyperlink to or from the Site or Services. The linked sites are not under the control of Cortex Television LLC and we are not responsible for the content of any linked site or any link contained in a linked site. We reserve the right to terminate any link or linking program at any time. We may provide links from the Site or Services to other sites as a convenience to you and in no way should this be interpreted as an endorsement of any company, content or products. If you decide to access any of the third party sites linked to the Site or Services, you do this entirely at your own risk.

Indemnity

You agree to indemnify, defend and hold Cortex Television LLC and its parent company, affiliates, licensors, officers, directors, agents, employees and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys’ fees and disbursements) which arise directly or indirectly out of or from (i) your breach of these terms of use; (ii) any allegation that any Submission Materials infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party; and (iii) your access or use of the Site or the Services.

Termination

You agree that we may, in our sole discretion, terminate your password, account (in whole or in part) or use of the Site or Services, and remove and discard any content within the Site or Services, at any time and for any reason. You agree that any actions taken under this Section may be effective without prior notice to you.

Jurisdictional Issues

We make no representation or warranty that the content and materials on the Site or Services are appropriate or available for use in locations outside the United States. Those who choose to access the Sites or use the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right, at any time in our sole discretion, to limit the availability and accessibility of the Sites or Services to any person, geographic area or jurisdiction we so desire, and to limit the quantities of any such service or products that we provide.

Governing Law These Terms and Conditions are governed by the internal substantive laws of the State of Ohio, without respect to its conflict of laws or choice of laws principles.

You expressly and irrevocably agree that exclusive jurisdiction for any dispute in any way relating to your use of the Site or Services shall be in the courts located in Columbus, Ohio and you further agree and expressly consent to the exercise of personal jurisdiction in such courts in connection with any such dispute including any claim involving Cortex Television LLC or its parent corporation, affiliates, subsidiaries, employees, contractors, officers, directors and content providers.

Severability; Waiver

If any provision of these terms of use is found to be invalid by any court having jurisdiction, then the invalidity of such provision shall not affect the validity of the remaining provisions of these terms of use, which shall remain in full force and effect. No waiver of any of these terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Privacy

The personal information you submit to us is governed by our Privacy Policy. To the extent there is an inconsistency between this Agreement and our Privacy Policy, the Privacy Policy shall govern.

Successors and Assigns

We may exercise any of our rights under these terms through one or more of our corporate affiliates (including any entity that directly or indirectly controls, is controlled by or is under common control with us). If our assets are acquired by another entity, that entity will assume our rights and obligations as described in these terms. You may not assign your rights or obligations under these terms, by operation of law or otherwise, without our prior written consent.

Contact Information

If you have any questions about these terms of use or the practices of this site, please contact our Webmaster at webmaster@medpagetoday.com

Updates
We may modify these terms of use at any time, as we deem appropriate by posting such modified terms of use on the Site or Services. If you disagree with the changes to these terms of use, you must discontinue your use of the Site and Services, and if you have registered as a member, cancel your registration. Your continued access or use of any of the Site or Services following such notice signifies your acceptance of the modified terms of use. If you object to any such changes, your sole recourse will be to cease access to the Site or Services.