Terms of Use
1. ACCEPTANCE OF TERMS
Welcome to Securamed. Securamed provides its service to you, subject to the following Terms
of Service ("TOS"), which may be updated by us from time to time without notice to you. You
can review the most current version of the TOS at any time at:
http://www.securamed.com/termsofuse_english.med
2. Securamed PRIVACY POLICY
Registration Data and certain other information about you is subject to our Privacy Policy.
3. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration
process. You are responsible for maintaining the confidentiality of the password and account,
and are fully responsible for all activities that occur under your password or account.
You agree to
- immediately notify Securamed of any unauthorized use of your password or
account or any other breach of security, and
- ensure that you exit from your account at the end of each session. Securamed cannot
and will not be liable for any loss or damage arising from your failure to comply with
this section 3.
4. MEMBERSHIP ELIGIBILITY
Our services are available only to, and may only be used by individuals who can form legally
binding contracts under applicable law. Without limiting the foregoing, our services are not
available to children (persons under the age of 18) or to temporarily or indefinitely
suspended Securamed members. If you are a under the age of 18, you can use this service
only in conjunction with, and under the supervision of your parents or guardians. If you
do not qualify, please do not use our Site. Further, your Securamed account (including
feedback) and username may not be transferred or sold to another party. If you are
registering as a business entity, you represent that you have the authority to bind the
entity to this Agreement.
5. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules
regarding online conduct and acceptable Content. Specifically, you agree to comply with
all applicable laws regarding the transmission of technical data exported from the United
States or the country in which you reside.
6. INDEMNITY
You agree to indemnify and hold Securamed, and its subsidiaries, affiliates, officers,
agents, co-branders or other partners, and employees, harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due to or arising out of
Content you submit, post, transmit or make available through the Service, your use of
the Service, your connection to the Service, your violation of the TOS, or your violation
of any rights of another.
7. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial
purposes, any portion of the Service, use of the Service, or access to the Service.
8. MODIFICATIONS TO SERVICE
Securamed reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or without notice.
You agree that Securamed shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service.
9. TERMINATION
You agree that Securamed may, under certain circumstances and without prior notice,
immediately terminate your Securamed account and access to the Service. Cause for
such termination shall include, but not be limited to,
breaches or violations of the TOS or other incorporated agreements or guidelines,
requests by law enforcement or other government agencies, a request by you
(self-initiated account deletions), discontinuance or material modification to
the Service (or any part thereof), unexpected technical issues or problems, and
extended periods of inactivity. Further, you agree that all terminations for cause
shall be made in Securamed's sole discretion and that Securamed shall not be liable
to you or any third-party for any termination of your account, any associated email
address, or access to the Service.
10. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of,
advertisers found on or through the Service, including payment and delivery of related
goods or services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such advertiser. You agree that
Securamed shall not be responsible or liable for any loss or damage of any sort incurred
as the result of any such dealings or as the result of the presence of such advertisers
on the Service.
11. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites
or resources. Because Securamed has no control over such sites and resources, you
acknowledge and agree that Securamed is not responsible for the availability of such
external sites or resources, and does not endorse and is not responsible or liable for
any Content, advertising, products, or other materials on or available from such sites
or resources. You further acknowledge and agree that Securamed shall not be responsible
or liable, directly or indirectly, for any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any such Content, goods or services
available on or through any such site or resource.
12. Securamed'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection
with the Service ("Software") contain proprietary and confidential information that is
protected by applicable intellectual property and other laws. You further acknowledge
and agree that Content contained in sponsor advertisements or information presented to
you through the Service or advertisers is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and laws. Except as expressly authorized by
Securamed or advertisers, you agree not to modify, rent, lease, loan, sell, distribute
or create derivative works based on the Service or the Software, in whole or in part.
Securamed grants you a personal, non-transferable and non-exclusive right and license
to use the object code of its Software on a single computer; provided that you do not
(and do not allow any third party to) copy, modify, create a derivative work of, reverse
engineer, reverse assemble or otherwise attempt to discover any source code, sell,
assign, sublicense, grant a security interest in or otherwise transfer any right in the
Software. You agree not to modify the Software in any manner or form, or to use modified
versions of the Software, including (without limitation) for the purpose of obtaining
unauthorized access to the Service. You agree not to access the Service by any means
other than through the interface that is provided by Securamed for use in accessing the
Service.
13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. Securamed EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- Securamed MAKES NO WARRANTY THAT
- THE SERVICE WILL MEET YOUR REQUIREMENTS
- THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
- THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE
- THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS
- ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS
DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY
SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Securamed
OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
14. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Securamed SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF Securamed HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
- THE USE OR THE INABILITY TO USE THE SERVICE;
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS,
DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM THE SERVICE;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
- ANY OTHER MATTER RELATING TO THE SERVICE.
15. NOTICE
Notices to you may be made via either email or regular mail. The Service may also provide
notices of changes to the TOS or other matters by displaying notices or links to notices
to you generally on the Service.
16.NO AGENCY
You and Securamed are independent contractors, and no agency, partnership, joint venture,
employee-employer or franchiser-franchisee relationship is intended or created by this
Agreement.
17. COPYRIGHTS
Securamed respects the intellectual property of others, and we ask our users to do the
same. If you believe that your work has been copied in a way that constitutes copyright
infringement, or your intellectual property rights have been otherwise violated, please
provide Securamed's Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the
owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim
has been infringed;
- a description of where the material that you claim is infringing is located on the
site;
- your address, telephone number, and email address;
- 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;
- a statement by you, made under penalty of perjury, that the above information in
your Notice is accurate and that you are the copyright or intellectual property owner
or authorized to act on the copyright or intellectual property owner's behalf.
Email: copyright@securamed.com
18. GENERAL INFORMATION
The TOS constitute the entire agreement between you and Securamed and govern your use of
the Service, superceding any prior agreements between you and Securamed. You also may be
subject to additional terms and conditions that may apply when you use affiliate services,
third-party content or third-party software. The TOS and the relationship between you and
Securamed shall be governed by the laws of the State of California without regard to its
conflict of law provisions. You and Securamed agree to submit to the personal and
exclusive jurisdiction of the courts located within the county of Los Angeles, California. The
failure of Securamed to exercise or enforce any right or provision of the TOS shall not
constitute a waiver of such right or provision. If any provision of the TOS 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 TOS 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 TOS must be filed within
one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual
effect.
19. VIOLATIONS
Please report any violations of the TOS to our Customer Care group.
Email: violations@securamed.com
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