Register      Sign In

 
Search Your Profile      

 

 

TERMS OF USE
Terms of Use << Home

By accessing or using any of the U.S Directory of Medical Professionals Internet properties including, without limitation, www.usdmp.us and any others released by www.usdmp.us from time to time (collectively referred to as the "USDMNP websites") you agree to comply with and be bound by these Terms and Conditions of Use ("Terms of Use") Please read these Terms of Use carefully as well as UDMP's Privacy Policy which is incorporated herein by reference. If you do not agree to these Terms of Use and the Privacy Policy, you must immediately terminate use of the USDMP website.

1. License Grant. You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the USDMP websites conditioned on your continued acceptance of, and compliance with, these Terms of Use. You may use the USDMP websites and the USDMP Content (as defined below) for your commercial & personal use and for no other purpose. USDMP reserves the right to bar, restrict or suspend any user's access to the USDMP websites, and/or to terminate this license at any time for any reason. USDMP reserves any rights not explicitly granted in these Terms of Use.

2. License Restrictions. Unless otherwise expressly stated in these Terms of Use or you receive USDMP's prior written consent, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), the USDMP websites, any USDMP Content (as defined below), or any portion thereof. Further, you may not (i) use the USDMP websites for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to the USDMP websites, including USDMP Content; (ii) interfere with the proper working of the USDMP websites including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, or other limiting routine, instruction or design; or (iii) interfere with any other person's use and enjoyment of the USDMP websites.

3. Your Acceptance; Revisions to Terms of Use. The USDMP websites are available only to individuals who can enter into legally binding contracts under applicable law. These Terms of Use constitute a legally binding agreement between you and the USDMP regarding your use and access to the USDMP websites. By using the USDMP websites you agree to the Terms of Use.

USDMP reserves the right to revise these Terms of Use at any time in its sole discretion by posting revised Terms of Use to the USDMP websites. Your use of the USDMP websites signifies your acceptance of all the terms and conditions contained within the Terms of Use posted at the time of your use. You will be responsible for regularly reviewing the Terms of Use posted to the USDMP websites. No revision to these Terms of Use, including to the Arbitration provision set forth in Section 22, shall apply to a controversy or claim of which USDMP had actual notice on or before the date of any such revision.

4. USDMP Policies; Additional Terms and Conditions. USDMP's Privacy Policy, as well as other additional terms and conditions applicable to certain portions of the USDMP websites (collectively "Additional Terms and Conditions") are incorporated herein by reference. To the extent that there is a conflict between these Terms of Use and any Additional Terms and Conditions for the activity in which you choose to participate, the Additional Terms and Conditions shall govern.

5. Click-Through Agreements. Before using certain areas of the USDMP websites you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked “I Accept” “I Agree” “Okay” “I Consent” or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Agreement. To the extent there is a conflict between these Terms of Use and any Click Through Agreement for the activity in which you choose to participate, the Click Through Agreement will govern.

6. Personal Login Information. Certain features and areas of the USDMP websites are available only with registration, login and/or a paid subscription. If you are required to register and select a unique login and password ("Personal Login Information"), you must keep your Personal Login Information confidential. Your Personal Login Information is personal to you and you may not allow any third party to use it under any circumstances. USDMP is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must contact USDMP immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns.

7. Privacy Policy. For information about USDMP's data protection practices and USDMP's use and protection of your personal information, please read USDMP's Privacy Policy which is incorporated into and made a part of these Terms of Use.

8. User Obligations. You warrant that you will abide by all applicable local, state, national and international laws and regulations with respect to your use of the USDMP websites and not interfere with the use and enjoyment of the USDMP websites by other users or with USDMP's operation and management of the USDMP websites. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the USDMP websites, including, without limitation, information required to be provided through an USDMP Web site registration form. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, USDMP reserves the right to terminate your access and use of the USDMP websites. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the USDMP websites, or defame or otherwise harm any party, including USDMP, through your use of the USDMP websites.

9. Proprietary Rights. The content of the USDMP websites includes, without limitation, (i) USDMP's trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively "USDMP Marks"); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the USDMP websites (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as "USDMP Content"). USDMP Content is the property of the USDMP, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any USDMP Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from the USDMP or the owner of such content if the USDMP is not the owner. Any use of the USDMP Marks without USDMP's express written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in the USDMP Content, including any such notices appearing on any USDMP Content you are permitted to download, transmit, display, print, or reproduce from the USDMP websites.

10. Responsibility for Use of the Internet and UISDMP websites. Use of the Internet and the USDMP websites is solely at your risk and is subject to all applicable local, state, national and international laws and regulations. USDMP does not guarantee the confidentiality or security of any communication or other material transmitted to or from the USDMP websites over the Internet or other communication network..

11. Medical Disclaimer. The USDMP Content is provided for informational purposes only and is not intended as medical advice, or as a substitute for the medical advice of a physician.

12. Third Party Information. The USDMP websites may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, offers or other information made available by third parties such as content providers and other users of the USDMP websites are those of the respective third party and not of USDMP or its affiliates. USDMP makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third party materials, information, services or products.

13. Advertisers. The USDMP websites may contain advertisements of third parties. The inclusion of advertisements on the USDMP websites does not imply endorsement of the advertised products or services by USDMP. USDMP shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on the USDMP websites. Further, USDMP shall not be responsible or liable for the statements or conduct of any third party advertisers appearing on the USDMP websites. You shall be solely responsible for any correspondence or transactions you have with any third party advertisers.

14. Links to Third Party websites. The USDMP websites may provide links (including any link through an on-line banner advertisement) to other sites on the Internet for your convenience. These other sites are maintained by third parties over whom USDMP exercises no control. The appearance of any such third party links is not intended to endorse any particular company or product. If you decide to access any of the third party sites linked to the USDMP websites, you do so entirely at your own risk.

15. Links to USDMP websites and USDMP Content. Links posted by third parties to the USDMP websites and/or USDMP Content may not use the USDMP trademark or logo and shall not suggest that USDMP promotes or otherwise endorses any third party products, business relationships, services, causes, campaigns, websites, content, or information. Any links to any portion of the USDMP websites shall be the responsibility of the linking party. USDMP reserves the right to require any linking party to disable or remove any link that violates USDMP's rights or causes interruption or deterioration of USDMP Content.

16. Limitation of Liability. THE USDMP PARTIES SHALL NOT BE LIABLE, AND DISCLAIM ANY LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING (i) OUT OF THE USE OF OR INABILITY TO USE THE USDMP websites AND/OR ANY USDMP CONTENT; (ii) FROM ANY INTERRUPTION IN THE AVAILABILITY OF THE USDMP websites AND/OR USDMP CONTENT; (iii) FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE; (iv) OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT AND/OR SERVICES PURCHASED OR OBTAINED FROM THE USDMP websites, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE USDMP websites; (v) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vi) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE USDMP websites; (vii) FROM ANY DELAY OR FAILURE OF THE USDMP websites ARISING OUT OF CAUSES BEYOND USDMP'S CONTROL; (viii) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, THE USDMP CONTENT; (ix) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THE USDMP websites (x) OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES OR MATERIALS PROVIDED BY OR ADVERTISED ON THIRD PARTY websites; OR (xi) OUT OF ANY OTHER MATTER RELATING TO THE USDMP websites OR USDMP CONTENT.

In the event you are dissatisfied with, or dispute, these Terms of Use, the USDMP websites and/or the USDMP Content, your sole right and exclusive remedy is to terminate your use of the USDMP websites, even if that right or remedy is deemed to fail of its essential purpose. You confirm that USDMP has no other obligation, liability or responsibility to you or any other party.

17. Exclusions permitted by law. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 17 AND 18 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND USDMP'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

18. Indemnification. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless the USDMP Parties from and against all claims arising from or in any way related to your use of the USDMP websites and/or USDMP Content, a violation by you of these Terms of Use, or any other actions connected with your use of the USDMP websites and/or USDMP Content, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys fees. USDMP will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to the USDMP Parties other than under this Section.

19. Term and Termination. These Terms of Use will take effect at the time you begin using the USDMP websites. USDMP reserves the right, with or without notice, at any time and for any reason to deny you access to the USDMP websites or to any portion thereof, and to terminate these Terms of Use. These Terms of Use will terminate automatically if you fail to comply with the terms set forth herein. You may terminate these Terms of Use at any time by ceasing to use the USDMP Website, but all applicable provisions of these Terms of Use will survive such termination. Upon termination, you must destroy all copies of any portion of the USDMP websites, including any USDMP Content, in your possession.

20. Governing Law. These Terms of Use and all matters regarding your use of the USDMP websites shall be governed by, construed in accordance with, and enforced under the laws of the State of New Jersey applicable to contracts made and executed and wholly performed in the State of NJ, without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods apply and their applicability is expressly excluded. Printed copies of any and all agreements and/or notices in electronic form shall be admissible in any legal, investigative or regulatory proceedings.

21. Waiver and Severability. The failure of USDMP to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.

22. Complete Agreement. These Terms of Use, together with any revisions. any Additional Terms or Conditions incorporated by reference, and any Click-through Agreement, constitutes the entire agreement between you and the USDMP relating to the USDMP websites and its use by you, and supersedes any previous written or oral communication regarding use of the USDMP websites. 

23. Contact Information. If you have any questions or concerns regarding these Terms of Use or the USDMP websites, please visit our "Contact Us" page.