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Terms of Service and Use Agreement of MedInsight Research Institute

MEDINSIGHT DOES NOT PRACTICE MEDICINE OR PROVIDE MEDICAL SERVICES OR ADVICE, AND THE INFORMATION PUBLISHED ON OR AVAILABLE VIA THE SITE AND SERVICES IS NOT TO BE CONSTRUED AS MEDICAL ADVICE. IN ADDITION, THE DISCUSSIONS AVAILABLE VIA THIS SITE MAY INCLUDE PRODUCTS USES THAT ARE NOT CONTAINED IN THE APPROVED LABEL FOR SPECIFIC PRODUCTS. MEDINSIGHT DOES NOT PROMOTE OR RECOMMEND SUCH USES, WHETHER APPROVED AND UNAPPROVED. THEREFORE, BEFORE PRESCRIBING OR USING ANY DRUGS OR OTHER PRODUCTS, PLEASE CONSULT A DOCTOR AND ALWAYS ADHERE TO THE APPLICABLE FOOD AND DRUG ADMINISTRATION LABEL AND PACKAGING MATERIALS TO DETERMINE WHAT IS MEDICALLY APPROPRIATE.

1. YOUR ACCEPTANCE OF THIS AGREEMENT

1.1 MedInsight Research Institute (“MedInsight”, “us” or “our”) provides the MedInsight Services to you (“you” or “your”) subject to the terms of this legal agreement between you and MedInsight. To use the Services (defined below), you must first agree to and accept this Terms of Service and Use Agreement (“Terms”). Where such express opportunity to agree to the Terms is not present, your use of the Site and Services (or any part thereof) shall constitute your agreement to the Terms and your obligation to comply with their requirements.

1.2 MedInsight provides users with access to various Internet-based information, advertising and listing services (the “Services”) which are accessible through website located at www.ldnscience.org (the “Site”), by all methods and technological mediums currently or prospectively developed. Your use of the Site and Services are, at all times, subject to all the Terms set forth herein as well as the policies and guidelines of MedInsight that may be posted and modified from time to time, all of which are considered part of these Terms, including, without limitation, the Privacy Policy.

1.3 By using the Site and Services you are representing that you are of legal age (18 years and over) and of legal competence to enter into a binding agreement with MedInsight and are not otherwise prohibited from using or receiving the Site and Services pursuant to the laws of the jurisdiction from which you are accessing or using the Site and Services. If you are not able to make the representations in the preceding sentence you are prohibited from using the Site and Services, however, any unauthorized use of the Site and Services by you shall be subject to these Terms until such unauthorized use has been terminated. By using the Services on behalf of any third party you are representing to us that you are an authorized representative of that third party and that your use of the Services represents their acceptance of the Terms.

1.4 We recommend that you retain a copy of these Terms in either electronic or tangible format for your subsequent reference. If you would like a printed copy of these Terms, it is your responsibility to use the print function available to you by means of your personal technology resources

2. CHANGES TO THESE TERMS

 We may periodically modify and supplement these Terms and the notice provided to you will be the updating of these Terms. You are responsible for regularly checking these Terms for revisions. All amended Terms become effective upon our posting to the Site, and any use of the Site or Services after such revisions have been posted signifies your consent and agreement to the modified Terms.

3. PROVISION OF THE SERVICES BY MEDINSIGHT

3.1 In providing the Services, we do not actively monitor the display, transmission and exchange of Material (defined below) that is accessible by means of the Services, nor do we maintain any obligation do to so except as otherwise determined by us or required by the laws of applicable jurisdictions. However, subject to the terms of our Privacy Policy, we reserve the right to monitor the Services for purposes of determining that their usage is in compliance with these Terms and applicable laws. In addition, and as described elsewhere in these Terms, we maintain an absolute and unconditional right to review and remove Material accessible by or transmitted through the Services that, in our sole discretion, we believe is in violation of the law of these Terms or is unacceptable to us in our sole discretion.

3.2 From time to time and without prior notice to you, we may change, expand and improve the Site and Services. We may also, at any time, cease to continue operating part or all of the Services or selectively disable certain aspects of the Services or portions of the Site. Any modification or elimination of the Services will be done in our sole and absolute discretion and without an ongoing obligation or liability to you, and your use of the Site and Services do not entitle you to the continued provision or availability of the Site and Services.

3.3 You may be required to register and create an account (“Account”) with MedInsight in order to access certain features of the Site and Services. Information gathered through the registration process and information related to your account will be subject to these Terms as well as to our Privacy Policy. You represent and warrant that all information provided by you when creating an Account is true, accurate and complete and that you will maintain, at all times, true, accurate and complete information related to your Account. You represent and warrant that you are at least 18 years old. Information related to your Account should be maintained by you in a confidential manner, as you are solely responsible for the usage of your Account by any third parties with respect to the Services. It is your responsibility to advise us if you are aware of any unauthorized access to your Account or if your Account information has been made available by you to third-parties in a manner that may result in unauthorized usage of the Account. In our sole and absolute discretion, we may terminate your Account for any reason (including for reasons related to unlawful or unauthorized usage) and we are under no obligation to retain a record of your Account or any data or information that you may have stored by means of the Account and the Services.

Any fee payments made via the Site will be processed and charged by the third party or company designated by MedInsight in accordance with the payment method that you select at the time of payment. If you are paying by credit or debit card, by designating a card to be billed, you confirm that you are authorized to make such payment and that you are either the holder of such card (i.e. that the card is issued in your name), or you are authorized to use the credit card by the holder.

4. HOW YOU MAY USE OUR MATERIAL

4.1 We may use a range of proprietary and authorized third party information, listings, directories, text, advertisements, Pharmacy Provided Content, photographs, designs, graphics, images, sound and video recordings, animation and other material and effects (which we collectively call the “Material”) on the Site and as part of the Services FOR YOUR PERSONAL, NON-COMMERCIAL USE ONLY. Accordingly, you may view, use, copy, and distribute the Material found on the Site or obtained by means of the Services for individual, noncommercial, informational purposes only and in compliance with the Terms and all applicable laws.

4.2 By using the Site and Services, you agree that you will not copy, reproduce, alter, modify, create derivative works from, rent, lease, loan, sell, distribute or publicly display any of the Material (except for your own personal, non-commercial use) from the Site without the prior written consent of MedInsight. In addition, you will not use the Material for any unauthorized non-commercial marketing and promotional campaigns, target or mass solicitation campaigns or political campaigning.

4.3 You are prohibited from data mining, scraping, crawling, or using any robot, other automatic device, script, technology or processes that send automated queries to the Site, or from using other similar methods and tools to gather or extract data from the Site, without our prior written consent, which consent may be withheld and withdrawn by us at any time, with or without notice, in our sole discretion.

4.4 You may not use the Site and Services to compile data (or any other portion of the Material), in a manner that is used or usable by a competitive listing product or service. You may not use any device, software or routine to interfere or attempt to interfere with the proper functioning and display of the Site and proper operation and usage of the Services by any other authorized users and third parties.

4.5 You are prohibited from modifying or obscuring the manner in which the Site are displayed or the Services are used, including framing, scraping or any other technique that would alter the visual display of the Site or the visual display of the Services and Material. You may not obscure advertisements displayed as part of the Site and Services, nor modify the advertisements and listings in a way that is unauthorized. Unless expressly authorized by MedInsight in our sole and absolute discretion, you may not link to the Site or any portion of the Services (including deep linking to a specific portion of the Site). You are not permitted to script searches or search results of the Site in a manner that results in the automated display of Material on a third party website.

4.6 To the extent applicable, when accessing the Site, utilizing the Services or using any Accounts, you are required to use the security procedures currently or hereafter maintained by us to confirm that only authorized users have access to the Services and any Accounts. You are prohibited from utilizing alter-egos or other disguised identities when accessing the Site and utilizing the Services. All forms of indirect and ‘spoofed’ access are strictly prohibited. You are prohibited from attempting to access portions of the site which are not intended for public usage and the use of any information obtained from non-public portions of the Site is expressly prohibited.

4.7 Do not submit, post or otherwise transmit to us information that is proprietary or confidential of third parties (whether by law or by contract) or that you otherwise do not have the legal right to use. Any information, content or other material, including, but not limited to, any feedback, data, answers, questions, comments, suggestions, plans, ideas, user reviews or the like, which you send to us will be treated as being non-confidential and non-proprietary. We assume no obligation to protect confidential or proprietary information (other than those outlined in our Privacy Policy) from disclosure.

4.8 You are under no obligation to use or continue to use the Site and Services and may temporarily or permanently cease using the Site and Services without notice to MedInsight. Any use of the Site and Services, or any portion thereof, in violation of the foregoing shall constitute a violation of these Terms and may result in, among other things, termination or suspension of your rights to use the Site or any portion thereof. If you see any objectionable content on the Site, please contact us promptly in writing to the address listed in section 18.4 of these Terms.

5. INTELLECTUAL PROPERTY NOTICE

5.1 Any and all intellectual property rights associated with the Site, Services and the Material, including the design, text, graphics, pictures, video, information, applications, software, music, sound, and other files contained therein or related thereto, and the arrangement thereof, and/or contained in the Site, including, without limitation, the MedInsight names and logos and all related products and service names, design marks and slogans, any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights and patents (collectively, the “Intellectual Property”), are the sole property of MedInsight, its wholly-owned subsidiaries, affiliates, or third parties. Except as expressly and unambiguously provided herein related to Pharmacy Provided Content, you do not possess, and MedInsight does not grant to you, any express or implied rights to any Intellectual Property and all such rights are retained by MedInsight, its subsidiaries, parent companies, affiliates and/or any third party owner of such rights. All authorized copies that you make of the Material or the Site must bear any copyright, trademark or other proprietary notice located on the Site that pertains to the Material being copied, and you agree not to remove, obscure, or alter any such proprietary notices which may be affixed to or contained therein. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any and all harm resulting from your use of or access to Site, Services and Material.

5.2 You are not being granted a license under any copyright, trademark, patent or other intellectual property right in the Site, Services, Material, products, processes or technology described therein. Except as otherwise expressly authorized by these Terms, you may not copy, reproduce, modify, reformat, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property in any way without the express written consent of MedInsight, or the express written consent of the appropriate third party, as applicable. Requests for authorization should be made in writing to the address listed in section 18.4 of these Terms.

5.3 Without the prior written consent of MedInsight, you are not authorized to (1) use any MedInsight name or mark, and related marks or any marks in our Intellectual Property portfolio, in any advertising, publicity or in any other commercial manner, (2) use any meta tags or any other “hidden text” utilizing any MedInsight name or mark, and related marks or any marks in our Intellectual Property portfolio, or (3) use the MedInsight domain name or any domain name that is confusingly similar to our domain name as a pseudonymous return e-mail address for any communications that you transmit from another location or through another service. Any requests for authorization related to the prohibitions of this provision should be made in writing to the address listed in section 18.4 of these Terms.

6. PAID PHARMACY LISTINGS AND PHARMACY PROVIDED CONTENT

6.1 In the event that any third party pharmacy elects to register with MedInsight as a paid advertiser (“Pharmacy Advertiser”), the terms of the applicable registration agreement together with these Terms will be govern Pharmacy Advertiser’s use of the Site and Services.

6.2 Certain Services and Material accessible on the Site include information and search results that may commingle advertising and sponsored business listings (“Paid Pharmacy Listings”) with other unpaid information and listings. In connection with the Paid Pharmacy Listings, a third party pharmacy may possess certain copyright and other intellectual property rights under law in content that Pharmacy Advertiser may submit or provide via the Site and Services. All such content is considered “Pharmacy Provided Content.” Pharmacy Advertiser’s use of the Site and Services and the provision of Pharmacy Provided Content grants MedInsight, and its affiliates, an express, perpetual, irrevocable, royalty-free, worldwide, and non-exclusive license to access, store, reproduce, adapt, modify, format, delete, translate, transmit, use, disclose, sublicense, manipulate, prepare derivative works, publish, publicly perform, publicly display, distribute and communicate any and all Pharmacy Provided Content, without any obligation, notification or compensation to Pharmacy Advertiser. This license is granted to MedInsight with respect to the use of such Pharmacy Provided Content in connection with the Site and Services and any subsequent version or modification thereof, and is subject to limitation only by your removal or MedInsight’s removal of such Pharmacy Provided Content from the Site and Services.

6.3 Pharmacy Advertiser agrees and acknowledges that the forgoing license grants to MedInsight and its affiliates the full right and authority to use Pharmacy Provided Contents for any purpose related to the Site and Services, including the marketing, sale, syndication, and development of the Site, Services and any successors thereto. This license includes an unrestricted right and authority for MedInsight to make the Pharmacy Provided Content available to sublicense to other companies, organizations or individuals with whom we have a relationship for the provision of the Services.

6.4 Pharmacy Advertiser agrees and acknowledges that MedInsight and its affiliates may modify, adapt, reformat, and otherwise alter or make use of your Pharmacy Provided Content in such manner as may be required to conform the Pharmacy Provided Content to standards, protocols, formats and requirements related to the Site and Services and any medium by which they are accessible currently or prospectively. Pharmacy Advertiser agrees and acknowledges that MedInsight and its affiliates are licensed to transmit or distribute the Pharmacy Provided Content in all formats and mediums over various networks.

6.5 Pharmacy Advertiser’s use of the Site and Pharmacy Advertiser’s submission and/or publication of Pharmacy Provided Content confirms Pharmacy Advertiser’s representation and warranty that Pharmacy Advertiser possesses all necessary legal rights, power and authority to grant to MedInsight the forgoing license granted to MedInsight and its affiliates and Pharmacy Advertiser further represents, warrants and agrees that none of the Pharmacy Provided Content will (a) violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; (b) contain false, intentionally misleading, libelous, defamatory or otherwise unlawful statements; or (c) violate any regulation, rule, or law applicable to the prescription or use of any pharmaceutical, drug or other product.

6.6 MedInsight is under no obligation to review any Pharmacy Provided Content submitted, published or otherwise displayed on the Site and assumes no responsibility or liability relating to any such Pharmacy Provided Content. Pharmacy Advertiser may not imply that any Pharmacy Provided Content is any way sponsored or endorsed by MedInsight.

6.7 MedInsight reserves the right, but not the obligation, to refuse to post or remove any Pharmacy Provided Content at our sole and absolute discretion, including, without limitation, any content that is unlawful, harmful, offensive, threatening, abusive, harassing, invasive of privacy or publicity rights, defamatory, libelous, vulgar, obscene, pornographic, indecent, lewd, suggestive, scantily-clad, profane, hateful, racially, ethnically or otherwise objectionable or inappropriate material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.

7. PRIVACY POLICY

7.1 Use of our Site and any personal information or other information about you collected by MedInsight through, or in connection with, the Site is subject to our Privacy Policy, which Privacy Policy is incorporated into these Terms by this reference.

7.2 As indicated in these Terms, the Site is designed for adults of legal age (18 years and over). For questions about our online Privacy Policy for children please refer to the Privacy Policy.

8. THIRD PARTY SITES

8.1 Some of the websites to which you may link from the Site are owned by Pharmacies, advertisers, service providers, or other third parties (collectively “Third Parties”). It is your responsibility to monitor when you have accessed a link to a website that is not part of the Site (collectively, the “Third Party Site(s)”) and we do not undertake any obligation to expressly notify you (via a pop-up or other interstitial display) when you are linking to a Third Party Site that is not part of the Site. You can determine if you have linked from the Site to Third Party Site by reviewing the URL in the browser window or by “right-clicking” on the page and selecting “properties” if the link opens a new browser window. Third Party Site may include, without limitation, sites of advertisers.

8.2 MedInsight makes no representations whatsoever concerning (1) the information, software or other material appearing on, or accessible through, any Third Party Site (including without limitation, any advertisement for products or services on any Third Party Site), (2) the performance or operation of any Third Party Site (including, without limitation, any transactions initiated or conducted through any Third Party Site, any taxes associated therewith and any use by third parties of user credit card information), (3) any products or services advertised or sold on or through any Third Party Site (including, without limitation, the quality, safety and legality of such products or services or the sale thereof), or (4) the sellers of any products or services advertised or sold on or through any Third Party Site. MedInsight 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 your use of Third Party Site or your reliance on any such Third Party content, goods or services, available on or through any Third Party Site.

8.3 You assume all risks arising out of or resulting from your transaction of business over the Internet, and you agree that we are not responsible or liable for any loss or result of the presence of information about Third Parties or links to Third Party Site. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, copyright compliance, legality, legitimacy, decency or any other aspect of the content, advertising, products, services, or other materials on or available from such sites or resources. We do not assume any responsibility for review or enforcement of any local licensing requirements that may be applicable to businesses listed on the Site.

9. NO ASSURANCES/ NO ENDORSEMENTS MADE BY MEDINSIGHT/CONTENT DISCLAIMER

9.1 MedInsight communicates information provided and created by Pharmacy Advertisers, other advertisers, content partners, software developers, publishers, marketing agents and other Third Parties. We have no control over the accuracy of such information provided by Third Parties, and Material on the Site may include technical inaccuracies or typographical errors.

9.2 We make no guarantees, nor can we be responsible for any information accessible on the Site or included in the Material, including the currency, content, quality, copyright compliance or legality of such information, nor are we responsible for any resulting loss or damage relating to the use of such information. We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the information accessible on the Site. Where appropriate, we will endeavor to update information listed on the Site on a timely basis, but shall not be liable for any delay or inaccuracies related to such updates.

9.3 We do not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any products, services, or other information, including the Pharmacy Provided Content, advice, ratings, and recommendations contained on, distributed through, or linked, downloaded or accessed from the Site.

10. WARRANTY DISCLAIMER

10.1 Any use of the Site, the Services, reliance upon any of the Material, and any use of the Internet generally shall be at your sole risk. MedInsight disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or the Material accessible by use of the Site and Services.

10.2 THE SITES AND THE SERVICES (INCLUDING MATERIAL AND INFORMATION POSTED AND ACCESSIBLE THEREIN) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. MEDINSIGHT DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE SITES, SERVICES AND MATERIAL. MEDINSIGHT DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITES, MATERIAL OR THE INTERNET GENERALLY, IS FREE OF VIRUSES, ERRORS, OTHER HARMFUL COMPONENTS, OR WILL BE UNINTERRUPTED. MEDINSIGHT DOES NOT WARRANT THAT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.

10.3 MEDINSIGHT DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY AND ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE SITES; OR REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE SITE, SERVICES AND MATERIAL.

10.4 NO ADVICE OR INFORMATION PROVIDED BY MEDINSIGHT, ITS AFFILIATES, OR THEIR RESPECTIVE EMPLOYEES AND AGENTS SHALL CREATE ANY WARRANTY.

10.5 NEITHER MEDINSIGHT, NOR ITS AFFILIATES, MAKES ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING (1) THE OPERATION OR PERFORMANCE OF THE SITE, SERVICES, OR ANY THIRD PARTY SITES, (2) THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY INFORMATION, MATERIAL, APPARATUS OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THE SITES (INCLUDING WITHOUT LIMITATION, THOSE CONTAINED ON A THIRD PARTY SITE), (3) ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH A THIRD PARTY SITE, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION OR MATERIAL ON OR IN CONNECTION WITH THIS SITE, OR (4) THE INTERNET GENERALLY.

10.6 SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION AND THAT MAY NOT BE LIMITED BY THESE TERM, PROVIDED HOWEVER YOU AGREE AND ACKNOWLEDGE THAT TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU WAIVE ANY SUCH STATUTORY RIGHTS WITH RESPECT TO IMPLIED WARRANTIES.

11. LIMITATION OF LIABILITY

 IN NO EVENT SHALL MEDINSIGHT BE LIABLE TO ANY USER ON ACCOUNT OF SUCH USER’S USE, MISUSE OR RELIANCE ON THE SITE AND THE SERVICES FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF MEDINSIGHT IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH (1) THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE SITE AND THE SERVICES, (2) THE MATERIAL OR THE INTERNET GENERALLY, (3) RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY MEDINSIGHT SITE OR A THIRD PARTY SITE, OR (4) ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION OR MATERIAL ON OR IN CONNECTION WITH THE SITE. MEDINSIGHT DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE SITE OR OTHER MATERIAL ACCESSIBLE FROM THE SITES.

THE USER OF THE SITE AND SERVICES ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE, SERVICES, AND THE INTERNET GENERALLY.

THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, OR IF IT IS OTHERWISE DEEMED UNENFORCEABLE, AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSIONS AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

12. INDEMNIFICATION

12.1 You agree to indemnify and hold us and, as applicable, our parent, subsidiaries, affiliates, partners, officers, directors, agents, employees, harmless from any claim or demand, including any and all losses, liabilities, claims, demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions, and liens, including reasonable attorneys’ fees and costs, whether brought by third parties or otherwise, due to or arising out of:

(a) your breach of any representation, warranty, covenant or obligation set forth in these Terms (or any other violation of your agreement with MedInsight on the basis of the Terms);
(b) any information, Pharmacy Provided Content or other Material transmitted, submitted or provided by you through the Site and Services, including your use of the Site and Services to provide a link to another website or to upload content or other information to the Site and, without limitation, our exercise of its rights with respect to such information;
(c) your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity;
(d) your publication or use of any Pharmacy Provided Content displayed on the Site, or
(e) your use of, or conduct on, any Third Party Site.

12.2 The foregoing indemnity obligations will survive any termination of the Terms.

12.3 MedInsight reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, which will not excuse your indemnity obligations under this Section. You agree not to settle any matter subject to the foregoing indemnification obligations without the express consent and approval of MedInsight.

13. DIGITAL MILLENIUM COPYRIGHT COMPLAINTS

MedInsight respects the copyright rights of others, and we ask our advertisers and other third parties to do the same. In appropriate circumstances and at our discretion, we may remove, suspend, terminate access, or take other appropriate action against users or other third parties who infringe or repeatedly infringe the copyright rights of others. Therefore, if you reasonably believe that any Material on this Site contain unauthorized reproductions of your copyrighted work or otherwise infringe an exclusive copyright right, and you reasonably believe it is appropriate to notify us to take any action/and you want us to take any action, then, as required under the Digital Millennium Copyright Act (17 U.S.C. sec. 512), (“DMCA”) you must promptly provide in writing the following information to our Designated Agent:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number and e-mail address;
  • A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
  • A statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our Designated Agent for this website (and the MedInsight Research Institute Site) is as follows:

MedInsight Research Institute 

1732 1st Ave #23222, New York, NY, 10128

OR email to: This email address is being protected from spambots. You need JavaScript enabled to view it. , Attn: DMCA Complaints

ANY NOTICE THAT DOES NOT COMPLY WITH THE REQUIREMENTS OF TITLE 17, UNITED STATES CODE, SECTION 512(C)(3) WILL NOT RECEIVE A RESPONSE. NOTHING IN THIS SECTION 13.1 IS INTENDED TO EXPAND OR SUPPLEMENT THE LEGAL RIGHTS, PROCEDURES AND REMEDIES AUTHORIZED AND GRANTED UNDER DCMA AND WE DO NOT REPRESENT ANY RELATED UNDERTAKING BY MEDINSIGHT NOT OTHERWISE EXPRESSLY REQUIRED BY APPLICABLE LAW.

14. TERMINATION

14.1 We may terminate this Agreement, or terminate or suspend your access to the Services, at any time, with or without notice or cause. Upon termination or suspension, your right to access the Site and use the Service will immediately cease. We may discontinue, temporarily or permanently, the Services, with or without notice.

14.2 We reserve the right to terminate, suspend, or restrict your access to the Site and your use of the Services, in whole or in part, unilaterally and without notice, in the event that you violate any of the Terms. If asked to do so, you agree that you will not attempt to access the Site or attempt to utilize the Services by any alias or other disguised or fraudulent identity.

15. REMEDIES AVAILABLE TO US

15.1 MedInsight reserves the right to seek any and all remedies available at law or in equity in connection with a violation of these Terms.

15.2 MedInsight reserves the right to investigate complaints or reported violations of these Terms and to take any action we deem necessary and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, we may take action to disclose any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted Material, IP addresses and traffic information which are also governed by the Privacy Policy.

15.3 You agree that monetary damages may not provide a sufficient remedy to us for violations of the Terms and you consent to injunctive or other equitable relief for such violations.

15.4 Nothing in these Terms is intend to confer upon you or any third parties any rights, remedies, or benefits not otherwise expressly conferred. Your use of the Services and Site (including any establishment of an Account or submission of Pharmacy Provided Content) does not create any partnership, agency, joint venture, fiduciary or other similar relationship between MedInsight and you.

16. ASSIGNMENT

You may not assign these Terms or otherwise transfer this Agreement, in whole or in part; any attempt to do so shall be void.

17. SEVERANCE

 If for any reason a court of competent jurisdiction finds any provision of the Terms to be invalid or unenforceable, the provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement will continue in effect and remain fully enforceable.

18. MISCELLANEOUS

18.1 You are responsible for compliance with applicable laws, regulations and ordinances related to your use of the Services. Your compliance with applicable laws is not limited to jurisdictions within the United States (including US Federal law) but also the laws, regulations and ordinances of any jurisdiction from which you access the Site or use the Services.

18.2 These Terms will be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to its conflict of laws provisions or your actual state or country of residence, and you agree to submit to personal jurisdiction in Delaware. You agree to exclude, in its entirety, the application to these Terms of the United Nations Convention on Contracts for the International Sale of Goods.

18.3 All other claims, including without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of your state of residence in the United States, or, if you reside outside the United States, under the laws of the country in which the subject Site are directed.

18.4 Any notices required to be given under these Terms shall be given in writing and shall be delivered to the following address:

MedInsight Research Institute
1732 1st Ave #23222, New York, NY, 10128

18.5 Except as expressly stated herein, the Terms constitutes the entire agreement between you and MedInsight with respect to the Services, and it supersedes and replaces all prior or contemporaneous communications, proposals, understandings or agreement, whether electronic, oral or written, between you and MedInsight with respect to the Services and/or the subject matter of these Terms.

18.6 Any waiver of any provision of the Terms will be effective only if in writing and signed by you and MedInsight. Our failure to enforce our rights and remedies available to us with respect your breach of these Terms shall not constitute a waiver of such breach nor of any prior, concurrent, or subsequent breach of the same or any other provision of these Terms.

18.7 To be removed from future LDNscience marketing e-mail campaigns, please e-mail This email address is being protected from spambots. You need JavaScript enabled to view it.

These Terms were last modified and effective as of August 29, 2017.