These Terms and Conditions of Use (“Terms) govern and apply to your use of the MedCap.Org website (the “Site”), which is owned and operated by The Medical Capital Group, LLC.
The Medical Capital Group, LLC, (“MedCap.Org”, “we”, “us”, and “our”) may change these Terms from time to time by updating this page. You should check this page from time to time to ensure that you understand and agree with any changes. This Privacy Policy is effective as of January 1, 2014.
Your browsing, review, access, and use of the Site is subject to these Terms and all applicable laws. By accessing and using the Site, you accept these Terms without limitation or qualification. If you do not agree to the Terms, do not use the Site. If, at any time, any part of the Terms are no longer acceptable to you, immediately terminate your use of the Site.
MedCap.Org reserves the right to change, modify, add, or delete the Terms or any portion thereof, at any time, without prior notice to you or any other party. Please periodically review these Terms for changes. Your continued use of the Site means you accept such changes, modifications, additions, or deletions.
Please refer to our Privacy Policy for information regarding our collection, use, and storage of users’ information.
This Site and all the information it contains or any information it may contain in the future including, but not limited to, articles, blogs, bulletins, directories, guides, illustrations, logos, memoranda, opinions, photographs, press releases, reports, service marks, text, trade names, trademarks, or the like (collectively, the “Content”), is the property of MedCap.Org, and is protected from unauthorized copying and dissemination by U.S. Copyright law, trademark law, international conventions, and other intellectual property laws. Certain of the trademarks and logos displayed on the Site are or may be owned by third parties. Except as described in these Terms, nothing contained in or on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Site or any Content displayed on this Site, through the use of framing or otherwise similar means, without the prior written permission of MedCap.Org or such third party that may own the trademark or copyright of material displayed on this Site.
MedCap.Org may encourages and may permit links to certain Content on the Site. However, MedCap.Org is an organization committed to high professional standards and does not grant any license or other permission for links or other use of the Site or its Content if such use or link: (a) suggests that MedCap.Org promotes or endorses any third party’s causes, ideas, political campaigns, websites, or unapproved or unaffiliated products or services, (b) copies, displays, disseminates, or otherwise uses the Content without MedCap.Org’s express written consent, or (c) uses the Content for any unaffiliated or unapproved commercial purpose. Furthermore, MedCap.Org does not grant consent for links to the Site where the linking party engages in any Prohibited Conduct (as described in these Terms). We reserve the right to withdraw permission for any link or terminate the use of any link at any time.
Subject to your full compliance with these terms, MedCap.Org authorizes you to view the Content, make a single copy of it and print such copy, but only for your own lawful, personal, noncommercial use, provided that you maintain all copyright, trademark, and other intellectual property notices contained in such Content provided that the Content, or any part thereof, is not modified.
From time to time, MedCap.Org may offer to provide information or materials via e‐mail or other means to interested persons. MedCap.Org reserves the right, in its absolute discretion, to reject any requests for such information or materials, or to discontinue the provision of such information or materials to any person or party for any reason.
You may use the Site for lawful purposes only. You may not upload, link to, distribute, or otherwise publish through the Site, Content that is or contains any of the following:
- Content that is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening, or
otherwise objectionable to MedCap.Org in its sole discretion;
- Content that contains any form of computer viruses, worms, moles, or other malware, or any
Content with any contaminating or destructive elements;
- Content that violates the rights of others, such as Content that infringes any copyright, trademark,
patent, trade secret or violates any right of privacy or publicity;
- Content that contains false or misleading statements;
- Content that contains any advertising, marketing, or any solicitation (unless preapproved by us); or
- Content that otherwise violates any applicable criminal or civil law.
You may not use the Site for commercial purposes and you may not distribute over the Site any solicitation of funds, goods, or services for any private or commercial purpose. In addition, you may not use the Site to solicit subscribers to join other websites, online information services, or the like, or provide any sensitive information including, but not limited to, personal information or email addresses. You may not use the Site to advertise, market, sell, or in any way promote any product or service, and you may not share any of our Content with any person or party, private or commercial, that is directly or indirectly competitive with the products, services, and strategies advertised, marketed, sold, or promoted by us on this Site.
MedCap.Org does not generally and cannot review all the content posted by users of the Site (“Users’ Content”) and, therefore, is not responsible for such Users’ Content. However, MedCap.Org reserves the right to cancel any users access to this Site, or access to one or more areas of the Site, and may further delete, move, or edit any Users’ Content (including, but not limited to, messages posted in any forum, blog, chat, etc.,) that MedCap.Org determines, in its sole discretion, violates these Terms or is not in the best interest of MedCap.Org. You shall, at all times, remain solely responsible for all Users’ Content posted by you or by any person using your account. MedCap.Org shall have the right, but not the obligation, to correct any errors or omissions in any Users’ Content, as it may determine is necessary, in its sole discretion.
MedCap.Org prohibits the posting of any information that infringes or violates the copyright rights and other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe your intellectual property right (or any right that you are responsible for enforcing) is infringed by any Content on the Site, please immediately write us at the below address, providing in said communication, a written statement that contains the following information: (a) identification of the copyrighted work and intellectual property right claimed to have been infringed; (b) identification of the allegedly infringing material on the Site that is requested to be removed; (c) your name, address, and daytime telephone number, (d) if available, an e‐mail address; (e) a statement that you have a good faith belief that the use of the copyrighted work and exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (f) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory (i.e., the signer or sender of such notice) is authorized to act on behalf of the owner of the right that is allegedly infringed; and (g) the signature of the intellectual property right owner or someone authorized on the owner’s behalf to assert infringement of the right. Upon receipt of such notice, MedCap.Org will review all the information provided and suspend the use of or remove any posted submission that infringes the copyright or other intellectual property right of any person under U.S. law upon receipt of such a statement (or any statement in conformance with 17 U.S.C. § 512(c)(3)). U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions. MedCap.Org’s contact for submission of notices under this section is: MedCap.Org, Attention: General Counsel (Wallace Glausi), 1331 NW Lovejoy, Suite 900, Portland, Oregon 97209; with copy to us at: MedCap.Org, PO Box 27740, Las Vegas, Nevada 89126.
MedCap.Org does not represent or endorse the accuracy or reliability of any Users’ Content displayed, uploaded, or posted on any forum, blog, message board, or the like, which may otherwise be distributed through the Site by any subscriber, information provider, or any other third party. MedCap.Org expressly disclaims any liability related to Users’ Content and your use of this Site is your acknowledgement that any reliance upon such Subscriber Content shall be at your sole risk.
The Site may contain links to sites on the Internet that are owned and operated by third parties (“External Sites”). You acknowledge that MedCap.Org is not responsible for the availability of, or the content or software applications located on or through External Sites. You should contact the applicable External Site administrator or Webmaster for those External Sites if you have any concerns regarding such links or External Sites.
When registering with or applying to MedCap.Org you must provide accurate, current, and complete registration information; and you further agree to provide us with timely updates to said information after any change to such information.
Individual subscriptions or accounts to the Site are available only to persons who are at least 18 years of age (or the age of majority in the particular jurisdiction where the user and prospective subscriber resides). Minors may receive access keys or user identifications and passwords only with our advance written permission upon the authorized user’s written request of such access. Notwithstanding a user’s authorized administrators, your right to use the Site is personal to you and cannot be transferred to any other person.
You shall be responsible for obtaining communication services, computer equipment, and other products or services necessary to properly access and use the Site. You shall be responsible for all direct and indirect charges, costs, expenses, and fees (collectively, “charges”) associated with accessing and maintaining a connection to or using the Site including, but not limited to, charges imposed by any Internet service provider, telephone company, wireless service provider, or the like.
Unless you elect otherwise by making the appropriate selection on your personal information page, we shall have the right to disclose certain limited registrant information including, but not limited to, the registrant’s name, e‐mail, and mailing address, to affiliates, partners, and third party vendors for the purpose of providing registrants with information about us, our products and services, or the products and services of our affiliates, partners, and third party vendors. We shall also have the right to disclose aggregate information about registrant usage and demographics in a manner that does not reveal the personal identity of any individual registrant. We shall have the right to send registrants electronic mail, text messages, or the like, regarding changes or additions to the Site or of any of our products and services. For additional information, see the Company’s Privacy Policy.
We may provide you with, or make available to you, links to third party websites. Content appearing to originate from our Site may be supplied by third party Content providers. In such cases, we have no responsibility for such third‐party websites, which are further governed by the terms of use, privacy, and any other policies of the applicable third‐party Content providers.
From time to time, with or without notice, the Site may become unavailable to you or other parties as a result of maintenance, malfunction of computer hardware or software, or for reasons which are beyond our control. Such lack of access may result in interruption or damage to your systems or operations. In such event, you shall be solely responsible for ensuring that any information or Content obtained from the Site does not contain any virus, worm, mole, malware, or other computer software code or subroutine designed to disable, erase, impair, or otherwise damage our systems, software, data, or the Site.
We reserve the right, in our sole discretion, to restrict, suspend, or terminate your access to all or any part of the Site, at any time and for any reason, without prior notice or liability and without any obligation to refund any portion of fees paid for any product or service.
MedCap.Org may change, suspend, or discontinue all or any aspect of the Site at any time, including the availability of any Site feature, database, or content, without prior notice or liability.
THE SITE AND ITS CONTENT ARE DISTRIBUTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER MEDCAP.ORG, ITS THIRD PARTY CONTENT PROVIDERS, NOR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING—WITHOUT LIMITATION—WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE OR ANY CONTENT, PRODUCTS, AND SERVICES SOLD OR DISTRIBUTED THROUGH THE SITE. BY USING THIS SITE, YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT, INCLUDING ANY PRODUCT OR SERVICE, IS ASSUMED SOLELY BY YOU. NEITHER MEDCAP.ORG NOR ANY PROVIDER OF THIRD PARTY CONTENT, WHICH INCLUDES THEIR RESPECTIVE AGENTS, WARRANTS THAT THE SITE OR ANY ASSOCIATED PRODUCT, SERVICE, OR STRATEGY WILL BE UNINTERRUPTED OR ERROR‐FREE. NEITHER MEDCAP.ORG NOR ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS, MAKE ANY WARRANTY AS TO ANY RESULTS TO BE OBTAINED FROM USING THIS SITE, SUBSCRIBING TO O RELYING IN ANY WAY ON THE SERVICES OFFERED ON THE SITE, CONTRACTING WITH MEDCAP.ORG FOR ANY SERVICE, OR USING THE SITE OR ANY ASSOCIATED CONTENT, PRODUCTS, SERVICE, OR STRATEGY.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 THAT PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MIGHT HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” IF YOU DO NOT AGREE TO THIS WAIVER, DO NOT USE THIS SITE. IF YOUR ARE A CALIFORNIA RESIDENT AND YOU DO NOT AGREE TO THIS WAIVER, DO NOT USE THIS SITE.
UNDER NO CIRCUMSTANCES SHALL MEDCAP.ORG NOR ANY THIRD PARTY CONTENT PROVIDER, INCLUDING ANY RESPECTIVE PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, PAST OR PRESENT OWNERS, INVESTORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONTRACTORS, REPRESENTATIVES ATTORNEYS, LICENSORS, INFORMATION PROVIDERS, OR THE LIKE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE—EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF MEDCAP.ORG, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
By accessing or using this Site in any way, you hereby agree to defend, indemnify, and hold MedCap.Org, and all its predecessors, successors, parents, subsidiaries, affiliates, past and present owners, investors, officers, directors, shareholders, employees, agents, contractors, information providers, attorneys, representatives, licensors, information providers, and the like (collectively, the “MedCap.Org Representatives”) harmless from and against any and all liability, losses, costs, expenses, and fees (including attorneys’ fees and retainers which shall be paid in advance upon written demand by any MedCap.Org Representative named in any action or lawsuit) which shall be incurred by MedCap.Org or any MedCap.Org Representative in connection with any claim arising out of any use or alleged use by you of this Site, or arising out of or in relation to any breach by you of the Terms or representations, warranties, and covenants you made by agreeing to these Terms. MedCap.Org reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to reasonably and fully cooperate with MedCap.Org’s defense of such action or claim.
The Terms shall be construed in accordance with the laws of the State of Nevada, without regard to conflict of laws principles. Any action arising out of these Terms shall be brought in either the state or federal courts of the City of Las Vegas, in Clark County.
The Terms may not be amended unless such amendment is made in writing and signed by both parties. No waiver, by either party, shall be deemed a waiver of any preceding or subsequent breach or default, unless such a waiver is made in writing and signed by an authorized representative of MedCap.Org.
Notwithstanding one or more subsequent consulting, service, or administrative agreements (“subsequent agreement”), specifically any subsequent agreement that a user may enter into to retain our services or become a client, these Terms constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
End.