B. The Information MediConsult Collects
1. General Information
MediConsult may collect certain General Information automatically, including "Sites usage" information from all visitors to the Web Sites. Such data is used only in the aggregate. General Information helps MediConsult determine general usage patterns and modify the Web Sites in order to improve your experience. This type of General Information may be shared with third parties any time. MediConsult may, at times, use a technology nicknamed "cookies" that tells MediConsult how and when pages in our Web Sites are viSitesd, and by how many people. MediConsult cookies do not collect Personal Information and we do not combine information collected through cookies with other Personal Information to tell us who you are or even what your e-mail address is. We may also provide statistical General Information to our MediConsult affiliates as to how our customers use our Web Sites. The Web Sites may include content from other parties that may perform user activity tracking other than that described herein. In particular, some of our third party vendors may use "cookies" in ways that we do not.
2. Personal Information
There are times when MediConsult may specifically ask for information about you when you sign up to use a service or when you order a product. MediConsult may need certain Personal Information - such as name, Internet address, billing address, type of computer, or credit card number -in order to provide that service or product to you. We may also use that Personal Information to let you know of additional products and services about which you might be interested unless you choose not to receive such information.
C. Use and Disclosure of Information
1. How MediConsult Uses the Information
You acknowledge and agree that MediConsult has the right to use Personal Information and General Information and any other information (collectively "Information") that MediConsult collects from or about you through its Web Sites. Except as otherwise explained herein, unless MediConsult has your consent, or is required (or permitted) by law, MediConsult will not share your Information with any unaffiliated entity.
2. Who MediConsult Shares Your Information With
Notwithstanding the above, MediConsult may disclose Information to (i) a MediConsult affiliate; (ii) a third party in the event that MediConsult sells all or part of its assets to such third party or merges with or is acquired by the third party; or (iii) a third party vendor if necessary to provide you with a product or service that you have requested. MediConsult may also disclose Information about you to others if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property or safety of MediConsult or others.
D. Security Procedures
E. Applicable Law/International Issues
Because MediConsult is committed to protecting your privacy, Information that is submitted to These Sites will be collected, processed, stored, disclosed and disposed of in accordance with applicable U.S. law. If you are a non-U.S. user, you acknowledge and agree that we may collect and use your personal data and disclose it to other entities, as discussed in "Who MediConsult Shares Your Information With" above, outside your resident jurisdiction. In addition, such Information may be stored on servers located outside your resident jurisdiction. Swiss law may not provide the degree of protection for Information that is available in other countries. By providing us with your Information, you acknowledge that you have read this Policy, understand it, agree to its terms and consent to the transfer of such Information outside your resident jurisdiction. If you do not consent to the terms of this Policy, please do not use These Sites.
F. Linked Internet WebSitesThe Web Sites provides hyperlinks, which are highlighted words or pictures within a hypertext document that, when clicked, take you to another place within the document, to another document altogether, or to other Web Sitess not controlled by MediConsult. These hyperlinked Web Sitess may contain privacy provisions that are different from those provided herein. MediConsult is not responsible for the collection, use, or disclosure of information collected through these Web Sitess or links, and MediConsult expressly disclaims any and all liability related to such collection, use, or disclosure.
H. How to Contact MediConsult
MediConsult Web Sites User Agreement
1. Acceptance of Terms
MediConsult Schweiz GmbH and it´s affiliates, ("MediConsult" or "we", "us", "our") provides access to the MediConsult Web Sites, located at
(the "Sites") subject to your acceptance of this MediConsult Web Sites User Agreement ("Agreement"). MediConsult may update this Agreement from time to time without prior notice to you. We encourage you to review this Agreement periodically for any updates or changes.
2. Types of Users
Any person accessing, browsing, or otherwise using the Sites, either manually or via an automated device or program, shall be deemed a "User" under this Agreement.
4. Use of the Sites
You understand that MediConsult cannot and does not guarantee or warrant that files available for downloading from the Sites will be free of infection or viruses, worms, Trojan horses, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Sites for the reconstruction of any lost data.
5. System Integrity
You may not use any device, software or routine to interfere with the proper working of the Sites. You may not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of the Sites including but not limited to unsolicited e-mail (i.e. "Spam").
6. RISK; INTERNET USE
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITES AND THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT ANY UPLOADS OR TRANSMISSIONS YOU MAKE MAY BE INTERCEPTED AND USED BY AN UNAUTHORIZED THIRD PARTY AND THAT ALL OF THE RISK ASSOCIATED THEREWITH IS SOLELY YOURS.
7. NO WARRANTIES
MEDICONSULT DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITES, THE SITES CONTENT, ANY MERCHANDISE OR SERVICES PROVIDED THROUGH THE SITES OR ON THE INTERNET GENERALLY, UNLESS SPECIFICALLY STATED ON THE SITES FOR A PARTICULAR PRODUCT OR SERVICE AND MEDICONSULT SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY TRANSACTIONS ENTERED INTO THROUGH THE SITES. SOME STATES MAY NOT PERMIT THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. MEDICONSULT DOES NOT WARRANT THAT THE SITES OR SERVICES WILL MEET USER REQUIREMENTS, OR THAT THE SITES OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITES WILL BE CORRECTED. THE SITES AND THE CONTENT AND SERVICES MADE AVAILABLE ON THE SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
8. System Outages
MediConsult periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. MediConsult shall have no liability whatsoever for the resulting unavailability of the Sites or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery, nondelivery of information caused by such system outages, or any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Sites.
You agree to indemnify, defend and hold MediConsult and its parent company, affiliates, subsidiaries officers, directors, employees and agents harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including actual attorneys' fees) resulting from (i) your use, misuse or abuse of the Sites, (ii) your use or purchase of services or goods provided through the Sites, or (iii) your breach of any provision of this Agreement. You will cooperate as fully as reasonably required in MediConsult's defense of any claim. MediConsult reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of MediConsult.
10. Intellectual Property
The contents of the Sites, such as text, graphics, logos, audio clips, video, photographs, software, and other information (the "Content") is the property of MediConsult and/or its affiliates or partners, and is protected by federal and international copyright and trademark laws, or other proprietary rights. These rights are protected in all forms, media and technologies existing now or hereinafter developed. You may print and download portions of material from the different areas of the Sites solely for your personal non-commercial use or your non-commercial use within your organization or as otherwise permitted. No portion of the Content may be reprinted, republished, modified, or distributed in any form without the express written permission of MediConsult. You may not, and this Agreement does not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license or create derivative works with respect to the Sites. Certain content may be licensed from third parties and all such third party content and all intellectual property rights related to the content belong to the respective third parties. You may not remove, alter or modify any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Sites or the Content. Any rights not expressly granted by this Agreement or any applicable end-user license agreements are reserved by MediConsult.
Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of MediConsult or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or rights under any MediConsult copyright.
11. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL MEDICONSULT OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES) THAT RESULT FROM (I) THE USE OF OR INABILITY TO USE THE SITES (II) THE COST OF PROCUREMENT OF SUBSTITUTE MERCHANDISE OR SERVICES RESULTING FROM ANY MERCHANDISE, DATA, CONTENT OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES; OR (V) ANY OTHER MATTER RELATING TO THE SITES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITES. IN NO EVENT SHALL MEDICONSULT'S TOTAL CUMMULATIVE LIABILITY UNDER THESE TERMS EXCEED THE LESSER AMOUNT OF ANY FEES PAID, IF ANY TO MEDICONSULT FOR THE USE OF THE SITES BY YOU, OR $50. BECAUSE SOME STATES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE LEAST AMOUNT PERMITTED BY LAW. THE LIMITATIONS OF LIABILITY PROVIDED IN THIS AGREEMENT INURE TO THE BENEFIT OF MEDICONSULT, OUR PARENT COMPANY, AFFILIATES, SUBSIDIARIES, AND TO ALL OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS.
12. Your Account Obligations
In consideration of your use of the Sites you agree to: (i) provide true, accurate, and current and complete information about yourself or your organization as prompted by the Sites (the "Registration Information"); and (ii) maintain and update the Registration Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and decline to permit your continued use of the Sites and future access to the Sites. You are responsible for maintaining the confidentiality of your password and account number, and are fully responsible for all activities that occur under your account number and password. You agree that your password may be used to attribute an electronic record and electronic signature to you. Therefore, you shall not disclose your passwords or account identification information to third parties. You agree to immediately notify us of any unauthorized use of your password or any other breach of security. MediConsult shall not, in any manner, be responsible or liable for fraudulent purchases that are made using your compromised password.
13. Product Pricing
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, MediConsult shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. MediConsult shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and the User's credit card charged. If your credit card has already been charged for the purchase and your order is canceled, MediConsult shall immediately issue a credit to your credit card account in the amount of the charge.
14. No Endorsement of Content and Links to Other Web Sites
Any links to other Sites are provided as merely a convenience to the Users of these Sites. These Sites may provide links or references to other Sites but MediConsult has not reviewed all of these other Sites, has no responsibility for the content of such other Sites and shall not be liable for any damages or injury arising from any such content. MediConsult does not endorse or make any representations about these Sites, or any information or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of these other Sites linked to These Sites, you do so entirely at your own risk.
15. Linking and Framing the Sites
Unless a User has a written agreement in effect with MediConsult that states otherwise, a User may only provide a hyperlink to the Sites on another Web Sites if the User complies with all of the following: (a) the link must be a text-only link clearly marked "MediConsult" or the link must "point" to the URL http://www.mediconsult.tv. or http://www.skindream-titanium.com and not to other pages within the Sites; (c) the link, when activated by a User, must display the Sites full-screen and not within a "frame" on the linking Web Sites; and (d) the appearance, position and other aspects of the link must not be such as to damage or dilute the goodwill associated with the MediConsult name and trademarks or create the false appearance MediConsult is associated with, or a sponsor of, the linking Web Sites. By providing this consent, MediConsult is not foregoing its ownership or rights in any trademarks, copyrights, patents or any other forms of intellectual property associated with the Sites. MediConsult reserves the right to revoke its consent to any link at any time in its sole discretion.
16. Governing Law
This Agreement and access to the Sites shall be governed by and construed in accordance with the law of Switzerland, exclusive of its choice of law rules and matters affecting copyrights, trademarks and patents under Swiss law.
17. Choice of Forum
You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the state of Solothurn and of Switzerland located in Olten for any litigation arising out of or relating to use of the Sites or purchases of services made through the Sites (and agree not to commence any litigation relating thereto except in such courts). You hereby irrevocably and unconditionally waive any objection to the laying of venue of any such litigation in the courts of the state of Solothurn and agree not to plead or claim in any court in the state of Solothurn that such litigation brought therein has been brought in an inconvenient forum.
18. International Users
MediConsult makes no claims that the Content is appropriate or may be downloaded outside of Switzerland. Access to the Content may not be legal in certain countries or for certain persons. If you access the Sites from outside of Switzerland, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction, notwithstanding sections 16 and 17 above.
19. User Feedback
Should any User respond to MediConsult with information including feedback, such as questions, requests, opinions, comments, suggestions, or the like regarding the content of any MediConsult document, the Sites, or MediConsult services, such information shall be deemed to be non confidential and MediConsult shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation. MediConsult shall be free to use any ideas, concepts, know how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing and marketing products incorporating such information.
20. Acceptable and Lawful Use of the Sites
Any information provided to MediConsult in connection with use of the Sites: (a) shall not be false, inaccurate or misleading; (b) shall not be obscene or indecent; (c) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (d) shall not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (e) shall not be defamatory, libelous, unlawfully threatening or harassing; and (f) shall not create liability for MediConsult or cause us to lose the services of our Internet service providers or other suppliers. The sender of any communications to These Sites or otherwise to MediConsult shall be responsible for the content and information contained therein, including its truthfulness and accuracy. These Sites is provided as a service to its visitors. MediConsult reserves the right to delete, modify or supplement the Content of These Sites at any time for any reason without notification to anyone.
In the event that one or more portions of this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforcability shall not affect any other provision contained in this Agreement.
The headings used throughout this Agreement are solely for the convenience of reference and are not to be used as an aid in the interpretation of this Agreement.
23. No Waiver
Any delay or failure by you or MediConsult, at any time or times, to require performance of any provision hereof shall in no manner affect your or MediConsult's right at a later time to enforce such provision. No delay or failure of you or MediConsult in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder.
24. Entire Agreement, Updates and Modifications
You may not assign your rights or delegate your responsibilities hereunder without the express written permission of MediConsult, except pursuant to the sale of your business, or all or substantially all of its assets. MediConsult may, at any time, assign its rights or delegate its obligations hereunder without notice to you.
26. Third Party Beneficiary Rights
No person not a party to this Agreement is intended to be a beneficiary of this Agreement, and no person not a party to this Agreement shall have any right to enforce any term of this Agreement.
28. Policy Regarding Copyright Infringement and Designation of a Copyright Agent
MediConsult's policy regarding copyright infringement and MediConsult's designated agent for receipt of copyright infringement claims pursuant to the Digital Millennium Copyright Act (17 USC § 512) is set forth below:
MEDICONSULT COPYRIGHT NOTICE
MediConsult and its affiliates and subsidiaries ("MediConsult") respect the intellectual property rights of others and requires those who visit our Sites to do the same. MediConsult may, in appropriate circumstances and at its discretion, remove or disable access to material on its Sites that infringes upon the copyright rights of others. MediConsult also may, at its discretion, remove or disable links or references to an online location that contains infringing material or infringing activity.
If you believe that your work has been used on our Sites in any manner that constitutes copyright infringement, please notify MediConsult's copyright agent by written notice. The notice should include the following information:
- An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
- A description of the copyrighted work you claim has been infringed, including a copy of the copyrighted work or the web page address where the copyrighted work may be found;
- Identification of the location on our Sites of the material you claim has been infringed, or the link or reference to another Web Sites that contains the material you claim has been infringed;
- Your name, address, telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the copyright owner, the agent of the copyright owner or the law; and
- A statement by you, under penalty of perjury, that the information in this notification is accurate and that you are the copyright owner of the material allegedly infringed or authorized to act on the copyright owner's behalf.
MediConsult Schweiz GmbH
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